As used in this article, the following terms
shall have the meanings indicated:
The surface of a sign upon, against or through which the
message of the sign is exhibited.
[1]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.
BUSINESS SIGNA 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.
ADVERTISING SIGNA 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.
DOUBLE-FACED OR V-TYPE SIGNAny two-faced sign utilizing both faces or surfaces for display purposes.
GROUND SIGNAny sign not attached to any building.
POLITICAL SIGNA sign which directs attention to a candidate, issue, cause or political party prior to a primary, special or general election.
PROJECTING SIGNA 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.")
ROOF SIGNA sign constructed or supported upon the roof of any building or structure.
WALL SIGNA 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.")
A parcel of land which is not occupied by a building or structure.
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.
Any sign permitted in any R1, R2 or RR District (§ 240-37) shall conform to the following specifications:
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.
Business signs in a C or I District shall conform
to the following specifications:
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.
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.
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.
[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.
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.
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.
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.
[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.
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.
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.
(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).
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.
[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:
(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.
[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.
