Binghamton Town City Zoning Code
ARTICLE VIII
Sign Standards
§ 240-36 Definitions.
As used in this article, the following terms shall have the meanings indicated:
FACING or SURFACE
The surface of a sign upon, against or through which the message of the sign is exhibited.
[1]SIGN
Any structure, part thereof or device attached thereto or painted or represented thereon, or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, word, model, banner, emblem, device, trademark or other representation used as an announcement, designation, direction or display to advertise or promote any person, firm, group, organization, commodity, service, profession or enterprise, when said display is placed out of doors in view of the general public.
A.
BUSINESS SIGN
A sign which directs attention to a business, industry, profession, commodity, service or entertainment sold or offered upon the same premises where the sign is located.B.
ADVERTISING SIGN
A sign which directs attention to a business, industry, profession, commodity, service or entertainment not sold or offered upon the same premises where the sign is located.C.
DOUBLE-FACED OR V-TYPE SIGN
Any two-faced sign utilizing both faces or surfaces for display purposes.D.
GROUND SIGN
Any sign not attached to any building.E.
POLITICAL SIGN
A sign which directs attention to a candidate, issue, cause or political party prior to a primary, special or general election.F.
PROJECTING SIGN
A sign which is attached to the wall of any building or structure and which extends beyond the surface of such wall a distance greater than 12 inches. "Projecting sign" shall include marquees. (See also "wall sign.")G.
ROOF SIGN
A sign constructed or supported upon the roof of any building or structure.H.
WALL SIGN
A sign which is attached to the wall of any building or structure and which does not extend beyond the surface of such wall a distance greater than 12 inches. (See also "projecting sign.")VACANT LOT
A parcel of land which is not occupied by a building or structure.
[1]
Editor's Note: The former definition of "person," which immediately followed this definition, was repealed 4-15-2003 by L.L. No. 1-2003. See § 240-5 for definition of "person."
§ 240-37 Signs permitted in R1, R2 or RR District.
A.
The following business signs shall be permitted in an R1, R2 or RR District as hereinafter provided:
(1)
One announcement or professional sign, not to exceed six square feet in area, may be erected in conjunction with a customary home occupation.
(2)
One sign, not to exceed six square feet, to announce that real property or any part thereof upon which said sign is located is for sale or for rent.
(3)
One sign, not to exceed six square feet, for each tourist home.
(4)
One sign or announcement, not to exceed 16 square feet, for each church, institutional, recreational or other public use.
(5)
One temporary real estate development sign, not to exceed 36 square feet, directing attention to the opening of a new subdivision. Such sign shall require a permit issued by the Building Official. Said permit shall be issued for a period of 12 months and may be renewed upon application.
[Amended 4-15-2003 by L.L. No. 1-2003]
B.
No advertising sign shall be permitted in any R1, R2 or RR District.
C.
Directional or informational signs shall be permitted in any R1, R2 or RR District. Such signs shall not exceed 16 square feet in area and shall not be illuminated. Said signs may be used for the purpose of stating the name or location of a business, commercial or industrial establishment, town, hospital, community center, church or school or the name or place of meeting of an official or civic body, such as a Rotary or Kiwanis Club. No advertising matter shall be contained on signs of this type.
D.
Construction job site signs not larger than 16 square feet in area shall be allowed during the period of construction.
§ 240-38 Sign regulations in R1, R2 or RR District.
Any sign permitted in any R1, R2 or RR District (§ 240-37) shall conform to the following specifications:
A.
No sign shall be located closer than eight feet to any lot line.
B.
No ground sign shall be constructed to a height greater than eight feet, measured to the top of the sign.
C.
Roof signs shall not be permitted in any R1, R2 or RR District.
§ 240-39 Signs permitted in C or I District.
The following signs shall be permitted in a C or I District:
A.
Business signs.
(1)
Lots in a C District with street frontage of 75 feet or less. Each use conducted within any building or upon any lot may have a business sign or signs which shall not exceed a total of 100 square feet.
(2)
Lots in C Districts with street frontage greater than 75 feet. Uses located upon lots having street frontage greater than 75 feet may increase the permitted sign area one square foot for each linear foot by which said street frontage exceeds 75 feet. In no case shall the area of any sign exceed a total of 125 square feet.
(3)
Lots in I District regardless of street frontage. Each use conducted within any building or upon any lot may have a business sign or signs which shall not exceed a total of 150 square feet.
B.
Advertising sign. No advertising sign shall be permitted in any C or I District.
C.
Directional or informational signs shall be permitted in any C District. Such signs shall not exceed 16 square feet in area, shall not be illuminated and may be used for the purpose of stating the name or location of a business, commercial or industrial establishment, town, hospital, community center, church or school or the name or place of meeting of an official or civic body, such as Rotary or Kiwanis Club. No advertising matter shall be contained on signs of this type.
D.
Construction job site signs no larger than 16 square feet in area shall be allowed during the period of construction.
§ 240-40 Sign regulations in C or I District.
Business signs in a C or I District shall conform to the following specifications:
A.
Ground signs.
(1)
No ground sign shall be located closer than eight feet to any lot line.
(2)
No ground sign shall be erected to a height measured to the top of the sign of 15 feet above the level of the ground on which its support rests.
B.
Roof signs.
(1)
No roof sign shall be erected closer than two feet to any outside building wall.
(2)
Each roof sign shall be secured to the building by iron or other metal anchors, bolts, supports, rods or braces.
(3)
Each roof sign, including the upright supports and braces, shall be constructed entirely of nonflammable materials.
(4)
Each roof sign shall maintain an open space of three feet between the base of the sign and the roof level.
(5)
No roof sign shall exceed the building height limitation set forth for the district in which it is located.
C.
Projecting signs.
(1)
Each projecting sign shall be two-faced (surfaced). The area of advertising space shall not exceed a total of 50 square feet for each face or surface.
(2)
Each projecting sign shall be not less than 10 feet above the surface of any public sidewalk over which it is erected.
(3)
Projecting signs exceeding 10 square feet in area or 50 pounds in weight shall not be attached to or supported by frame buildings or the wooden framework of a building. Said signs shall be attached to masonry walls with galvanized expansion bolts at least 3/8 inch in diameter, shall be fixed in the wall by means of bolts extending through the wall and shall contain proper-size metal washer or plate on the inside of the wall.
(4)
The distance measured between the principal faces of any projecting sign shall not exceed 18 inches.
D.
Wall signs.
(1)
Wall signs exceeding 25 square feet in area shall be safely and securely attached to the building wall by means of metal anchors, bolts or expansion screws of not less than 3/8 inch in diameter embedded in said wall at least five inches; or in lieu of such, the sign may rest in or be bolted to strong, heavy metal brackets or saddles set not over six feet apart, each of which shall be securely fixed to the wall as herein provided.
(2)
No wall sign shall cover wholly or partially any wall opening or project beyond the ends or top of the wall to which it is attached.
§ 240-41 V-type signs.
All signs may be single-faced or double.faced. On double-faced and/or V-type signs, the angle at the vertex of the sign shall not exceed 5º.
§ 240-42 Freestanding letters or numerals.
Signs consisting of freestanding letters, numerals or other representation shall be considered wall or roof signs, whichever being applicable. Sign area shall include the area of the freestanding letters, numerals or other representation and any intervening spaces.
§ 240-43 Illumination.
[Amended 4-15-2003 by L.L. No. 1-2003]
The illumination of any sign shall be nonflashing, indirect or diffused and shall be arranged so that direct rays of light do not shine or reflect into adjacent residential districts.
§ 240-44 Obstruction of doors, windows or fire escapes.
No sign shall be erected, located or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign shall be attached to a fire escape.
§ 240-45 Signs creating traffic hazards.
No sign shall be erected at the intersection of any street or road in such a manner as to obstruct free and clear vision; or at any location where by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device by making use of the words "stop," "look," "danger" or any other word, phrase, symbol or character, or red, green or amber illumination or reflection, in such manner as to interfere with, mislead or confuse traffic.
§ 240-46 Wind pressure requirements.
All signs and other advertising structures shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot.
§ 240-47 Signs in violation.
[Amended 4-15-2003 by L.L. No. 1-2003]
If the Building Official or other designated official shall find that any sign is unsafe or insecure or constitutes a menace to the public or has been constructed or erected or is being maintained in violation of this chapter or other applicable laws or ordinances of the Town, he shall have the owner of said sign cited in violation by written notice. From the date of such written notice or from such date as may be designated, said person in violation shall have 10 days to comply with this chapter or any other law or ordinance of the Town.
§ 240-48 Computation of permissible sign area.
When determining total permissible sign area for any lot, the area of any existing sign and/or signs shall be included in the computation. The total area of existing and/or new signs shall not exceed that requirement as set forth in this chapter.
§ 240-49 Sign permit required; contents of application.
A.
No sign in any district shall be erected or altered in physical structure until a sign permit has been issued by the Building Official. All applicants for sign permits shall submit the following:
[Amended 4-15-2003 by L.L. No. 1-2003]
(1)
Name, address and telephone number of applicant.
(2)
Location of building, structure or lot to which or upon which the sign is to be attached or erected.
(3)
The type, size and location of the sign.
(4)
Two blueprints or ink drawings of the plans and specifications and method of construction and attachment to the building or in the ground.
(5)
Copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this chapter and/or any law or ordinance of the Town for signs 150 square feet or more.
(6)
Name of person, firm, corporation or association erecting structure.
(7)
Any electrical permit required and issued for said sign.
(8)
Method of illumination any day other significant characteristics.
[Added 11-16-2010 by L.L. No. 19-2015[1]]
[1]
Editor's Note: This local law also provided for the renumbering of former Subsection A(8) as Subsection A(9).
(9)
Such other information as the Building Official shall require to show full compliance with this chapter or any other law or ordinance of the Town.
B.
Exception. No erection permit shall be required for those signs listed in § 240-37A(1) through (4).
§ 240-50 Special permits.
A.
A special permit to exceed the maximum requirements as set forth for permitted signs may be granted by the Zoning Board of Appeals if, in its judgment, it finds that the use for which such permit is sought will not, in the circumstances of the particular case and under any condition that the Zoning Board of Appeals considers to be necessary or desirable, be injurious to the area or otherwise detrimental to the public welfare. The Zoning Board of Appeals shall impose any conditions which it deems necessary to protect the area. The Zoning Board of Appeals shall deny application for a special permit which, in its judgment, would prove detrimental to adjacent properties.
B.
The Zoning Board of Appeals, on application and after public notice and hearing, may issue a special permit, provided such special permit complies with the general standards set forth as follows:
(1)
Each special permit use must comply generally with the regulations of this chapter for the district within which it is to be located.
(2)
Each special permit use shall be of such character, intensity, size and location that it will be in harmony with orderly development of the district in which it is to be located.
(3)
Special permits shall not be allowed in any R1 District.
§ 240-51 Fees for permits.
A.
A fee may be charged for every erection permit issued. The amount of such fee shall be determined by the Town Board.
B.
An additional fee may be charged for every special permit issued. The amount of such fee shall be determined by the Town Board.
§ 240-52 Prohibited signs; nonconforming signs.
[Amended 4-15-2003 by L.L. No. 1-2003; 11-16-2010 by L.L. No. 19-2015]
A.
The following signs are expressly prohibited, unless otherwise stated in these regulations.
(1)
Animated and moving signs. A sign or other display with either kinetic or illusionary motion powered by natural, manual, mechanical, electrical or other means, including but not limited to flags having commercial messages, and all pennants, banners, streamers, propellers, and discs, as well as flashing signs, signs with illuminated elements that are used to simulate the impression of motion, and searchlights.
(2)
Flashing and message signs. Any signs that include lights or messages which change flash, blink or turn on and off intermittently, but specifically excluding time and temperature signs which display no other text or images.
(3)
Glaring signs. Signs with light sources or which reflect brightness in a manner which constitutes a hazard or nuisance. This includes signs with fluorescent text, graphics or background, as well as holographic signs.
(4)
Inflatable signs and other objects. Signs and other objects which are inflated, including, but not limited to, balloons. One bouquet of balloons shall be allowed on premises that sell balloons. Balloons shall also be permitted in temporary situations or on special occasions at a residence.
(5)
Posters and handbills. Any signs affixed to any structures, trees or other natural vegetation, rocks or poles.
(6)
Strings of light. Any devices including lights that outline property lines, sales areas or any portion of a structure and are intended to advertise or draw attention to a business or commercial activity, except as follows:
(a)
Lights used temporarily as holiday decorations.
(b)
Lights or other devices used on a temporary basis on parcels on which carnivals, fairs or other similar temporary activities are held.
(7)
Vehicle signs. Any sign displayed on a parked trailer or other vehicle where the primary purpose of the vehicle is to advertise a product, service business, or other activity. This regulation shall permit the use of business logos, identification or advertising on vehicles primarily and actively used for business purposes.
(8)
A-frame/wheeled signs. Any portable "A" frame or similar portable sign is prohibited except on a temporary basis not to exceed 72 consecutive hours not more than once per year.
(9)
Multiple signs. Multiple signs, logos or insignia on a canopy or canopies attached to a building or other structure are prohibited.
(10)
Sign emissions. No sign which emits smoke, visible vapors, particles, sound or odor shall be permitted.
(11)
Mirrors. No mirror device shall be used as part of a sign.
B.
Every sign existing at the time of the adoption or amendment of this chapter may continue although not in conformity with the provisions herein. However, when a nonconforming sign is removed or damaged, it shall be replaced or repaired only in conformity with the provisions of this chapter.
§ 240-53 Political signs.
[Added 5-16-1978 by L.L. No. 1-1978; amended 4-15-2003 by L.L. No. 1-2003]
A.
Except as otherwise specifically provided for in Subsection B of this section, political signs, with the exception of political signs on motor vehicles or political poster signs in windows, are not permitted in any of the districts of the Town of Binghamton.
B.
One political sign per occupied residential lot shall be permitted. Said sign shall be no larger than four feet by four feet and be erected no longer than 30 days before a primary, general or special election and removed within five days after such election.