The intent of this Article V is to protect public health, safety and general welfare in the City of Binghamton by:
A. 
Restricting development in areas that are periodically subject to the damaging impact of flooding and high water;
B. 
Establishing a series of standards, measurements and thresholds designed to regulate the performance and operation of land use activities within the City and to minimize potentially negative environmental impacts of such activities;
Standards and procedures set forth in this Article V shall apply to all affected land use activities, as applicable, in all zoning districts in the City of Binghamton. No land use activity regulated by the provisions of the article shall be construed to be permitted, and no building and use permit issued, until there is compliance with the specific provisions as set forth herein.
A floodplain development permit shall be obtained from the Planning Commission before the start of construction or any other development within the area of special flood hazard as set forth in Chapter 240, Flood Damage Prevention.
[Amended 7-20-2009 by Ord. No. 09-023; 12-20-2011 by L.L. No. 5-2011; 7-17-2013 by Ord. No. 13-49; 4-9-2014 by Ord. No. 14-19; 12-18-2019 by Ord. No. 19-157
A. 
Purpose. The purpose of these performance standards is to regulate the potentially objectionable aspects of land uses or activities in the City of Binghamton by the application of specific standards whenever possible. The objectives of these standards are consistent with the promotion of public health, safety and general welfare and include:
(1) 
To reduce to a minimum dissemination of smoke, gas, dust, odor or any other atmospheric pollutant outside the building in which the use or activity is conducted.
(2) 
To control noise perceptible beyond the boundaries of the immediate site of the use or activity.
(3) 
To prevent the discharge of any waste material into any watercourse.
(4) 
To prevent the dissemination of vibration or heat or electromagnetic interference beyond the immediate site of the use or activity.
(5) 
To eliminate physical hazard by reason of fire, explosion, radiation, or any similar cause, to property in the same or an adjacent district.
B. 
Noise control.
(1) 
All land uses shall comply with the noise standards established in Chapter 292, Noise. Maximum permissible continuous sound levels are listed in the following table:
Table 1
Maximum Permissible Continuous Sound Levels by Receiving Property Category
(dBA)
Sound Source Property Category
Another Dwelling Within a Multi-Dwelling-Unit Building
Residential
Commercial or Public Service Community Facility
Industrial or Public Service Industrial Service Facility
City Park
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m.
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m.
All times
All times
8:00 a.m. to 9:00 p.m.
Any location within a multi-dwelling-unit building
50
45
55
50
65
70
65
Residential (or public spaces or rights-of-way)
55
50
55
50
65
70
65
Commercial, public service, or community service facility
55
50
55
50
65
70
65
Industrial or public service industrial facility
55
50
55
50
65
70
65
(2) 
In addition, no person shall make, cause, allow, or permit the operation of any impulsive source of sound within any and all property in the City which has a peak sound pressure level in excess of 80 dBA. If an impulsive sound is the result of the normal operation of an industrial or commercial facility and occurs more frequently in any hour, the levels set forth in Table 1 shall apply.
C. 
Vibration. No vibrations are permitted which are discernible to the human sense of feeling without instruments at any point along the property lines of the subject premises. The standard shall not apply to vibrations created during temporary construction work or from transportation facilities. In the event of a complaint, the Zoning Officer or the Supervisor of Building and Construction shall measure the vibration using an appropriate measuring system.
(1) 
Maximum permitted steady state and impact vibration displacement (in inches):
Frequency
(cycles per second)
Vibration Displacement
(inches)
Steady State
Impact
Under 10
0.0005
0.0010
10 to 19
0.0004
0.0008
20 to 29
0.0003
0.0006
30 to 39
0.0002
0.0004
40 and over
0.0001
0.0002
(2) 
No activity shall cause or create a steady state or impact vibration on a lot line with a vibration displacement by frequency bands in excess of that indicated in the table above.
D. 
Fire and explosive hazards. All activities involving and all storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire-fighting suppression equipment and devices standard in this industry. Burning of waste materials in open fires is prohibited. The relevant provisions of Chapter 235, Fire Prevention, of the Code of the City of Binghamton, as well as state and local laws and regulations, shall also apply.
E. 
Fly ash, dust, fumes, and other forms of air pollution. Uses shall be so operated as to control the emission of particulate matter to the degree that it is not detrimental to or shall endanger human health, animals, vegetation, or property. All such regulations shall also comply with applicable federal and state regulations.
F. 
Smoke. Uses shall be so operated as to control the emission of smoke to the degree that it is not detrimental to or shall endanger human health, animals, vegetation, or property. All such activities shall also comply with applicable federal and state regulations. For purposes of grading the density of smoke, the Ringelmann Chart published and used by the United States Bureau of Mines shall be employed. Any emission of smoke shall not be of a density equal to or greater than number two on the Ringelmann Chart. In cases of smoke other than black in color, an approved density scale equivalent to the Ringelmann Chart shall be used.
G. 
Radiation. No operation, whether or not licensed by the United States Department of Energy, shall be conducted so as to exceed the standards established by said Commission for protection against radiation or which violates any regulation of any other administrative body charged with the responsibility of controlling radiation.
H. 
Electromagnetic radiation and interference. No activity, operation or use shall cause electromagnetic radiation interference that:
(1) 
Adversely affects persons or the operation of any equipment across property lines; and
(2) 
Is not in conformance with the regulations of the Federal Communications Commission.
I. 
Humidity and heat. Any activity producing humidity, in the form of steam or moist air, or producing heat, shall be carried on in such a manner that the steam, humidity, or heat is not perceptible at any lot line.
J. 
Outdoor lighting.
(1) 
Purpose. The purpose of these standards is to require and set minimum standards for outdoor lighting which:
(a) 
Provide for and control lighting in outdoor public places where public health, safety, and welfare are potential concerns.
(b) 
Protect drivers and pedestrians from the glare of nonvehicular light sources.
(c) 
Protect neighbors and the night sky from nuisance glare and light trespass from improperly selected or poorly placed, aimed, applied, maintained or shielded light sources.
(d) 
Promote energy-efficient lighting design and operation.
(e) 
Protect and retain the intended visual character of the various City of Binghamton venues.
(2) 
Applicability.
(a) 
All uses within the City of Binghamton where there is outdoor lighting, including, but not limited to, residential, multifamily residential, commercial, industrial, public and private recreational/sports, institutional uses, and sign, billboard, architectural and landscape lighting, shall be subject to these regulations.
(b) 
Temporary seasonal decorative lighting and emergency lighting are exempt from all but the glare-control requirements of this chapter.
(c) 
Emergency lighting, as may be required by any public agency while engaged in the performance of its duties, is exempt.
(3) 
Criteria.
(a) 
Illumination levels. Lighting, where required by this chapter, or otherwise required or allowed by the Supervisor of the Office of Building and Construction, shall have intensities, uniformities and glare control in accordance with the recommended practices of the Illuminating Engineering Society of North America (IESNA).
(b) 
Lighting fixture design.
[1] 
Fixtures shall be of a type and design appropriate to the lighting application.
[2] 
For the lighting of predominantly horizontal surfaces such as, but not limited to, parking areas, roadways, vehicular and pedestrian passage areas, merchandising and storage areas, automotive-fuel dispensing facilities, automotive sales areas, loading docks, culs-de-sac, active and passive recreational areas, building entrances, sidewalks, bicycle and pedestrian paths, and site entrances, fixtures shall be aimed straight down and shall meet IESNA full-cutoff criteria. Fixtures with an aggregate rated lamp lumen output per fixture that does not exceed the rated output of a standard sixty-watt incandescent lamp, i.e., 1,000 lumens, are exempt from the requirements of this subsection.
[3] 
For lighting of predominantly non-horizontal surfaces such as, but not limited to, facades, landscaping, signs, billboards, fountains, displays, and statuary, fixtures shall be fully shielded and shall be installed and aimed so as to not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway. Fixtures with an aggregate rated lamp lumen output per fixture that does not exceed the rated output of a standard sixty-watt incandescent lamp, i.e., 1,000 lumens, are exempt from the requirement of this subsection.
[4] 
"Barn lights," also known as "dusk-to-dawn lights," where visible from other properties, shall not be permitted unless fully shielded.
(c) 
Control of nuisance and disabling glare.
[1] 
All lighting shall be aimed, located, designed, fitted, and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.
[2] 
Floodlights and spotlights shall be so shielded, installed and aimed that they do not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway or pedestrian way.
[3] 
Parking facility and vehicular and pedestrian way lighting (except for safety and security applications and all-night business operations) for commercial, industrial and institutional uses shall be automatically extinguished no later than one hour after the close of business or facility operation. When safety or security lighting is proposed for after-hours illumination, it shall not be in excess of 33% of the number of fixtures required or permitted for illumination during regular business hours.
[4] 
Illumination for signs, billboards, building facades and/or surrounding landscapes for decorative, advertising or aesthetic purposes is prohibited between 11:00 p.m. and dawn, except that such lighting situated on the premises for a commercial establishment may remain illuminated while the establishment is actually open for business, and until one hour after closing.
[5] 
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.
[6] 
The illumination projected from any use onto a residential property shall at no time exceed 0.5 footcandle, measured line-of-sight from any point on the receiving residential zoning district.
[7] 
The illumination projected from any property to a nonresidential property district shall at no time exceed 1.0 footcandle, measured line-of-sight from any point on the receiving property.
[8] 
Externally illuminated billboards and signs shall be lighted by fixtures mounted at the top of the billboard or sign and aimed downward. The fixtures shall be designed, fitted and aimed to place the light output onto and not beyond the sign or billboard.
[9] 
Except for certain recreational lighting, fixtures meeting IESNA full-cutoff criteria shall not be mounted in excess of 20 feet above finished grade. Fixtures not meeting IESNA full-cutoff criteria shall not be mounted in excess of 16 feet above finished grade.
[10] 
The United States and the state flag shall be permitted to be illuminated from dusk until dawn. All other flags shall not be illuminated past 11:00 p.m. Flag lighting sources shall not exceed 10,000 lumens per flagpole. The light source shall have a beam spread no greater than necessary to illuminate the flag.
[11] 
Under-canopy lighting, for such applications as gas/service stations, hotel/theater marquees, or fast-food/bank/drugstore drive-ups, shall be accomplished using flat-lens full-cutoff fixtures aimed straight down and shielded in such a manner that the lowest opaque edge of the fixture shall be below the light source at all lateral angles. The average illumination intensity in the area directly below the canopy shall not exceed 20 maintained footcandles, and the maximum intensity shall not exceed 40 maintained footcandles.
(d) 
Installation.
[1] 
Electrical feeds for lighting standards shall be run underground, not overhead.
[2] 
Poles supporting lighting fixtures for the illumination of parking areas and located directly behind parking spaces, or where they could be hit by snow plows, shall be placed a minimum of five feet outside paved area or tire stops, or placed on concrete pedestals at least 30 inches high above the pavement, or suitably protected by other means approved by the Supervisor of the Office of Building and Construction or the Planning Department.
[3] 
Pole-mounted fixtures for lighting horizontal tasks shall be aimed straight down.
(e) 
Maintenance. Lighting fixtures and ancillary equipment shall be maintained so as to always meet the requirements of this chapter.
(4) 
Plan submission. Lighting plans, when requested by the Supervisor of the Office of Building and Construction or the Planning Department, shall be submitted for building permits, variances, administrative planning review and approval, Planning Commission review and approval of special use permits, and site plan review applications for review and approval.
(5) 
Compliance monitoring.
(a) 
Safety hazards.
[1] 
If the Zoning Officer, Supervisor of Building and Construction or any relevant City department judges that a lighting installation creates a safety hazard, the person(s) responsible for the lighting shall be notified and required to take remedial action.
[2] 
If appropriate corrective action has not been effected within 15 days of notification, the City of Binghamton may take appropriate legal action.
(b) 
Nuisance glare and inadequate illumination levels. When the Zoning Officer or Supervisor of the Office of Building and Construction or any relevant City department judges that an installation produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels or otherwise varies from this chapter, the City of Binghamton may cause notification of the person(s) responsible for the lighting and require appropriate remedial action
(6) 
Nonconforming lighting. Any lighting fixture or lighting installation existing on the effective date of this chapter that does not conform with the requirements of this chapter shall be considered as a lawful nonconformance. A nonconforming lighting fixture or lighting installation shall be made to conform with the requirements of this chapter when:
(a) 
Minor corrective action, such as reaiming or shielding, can achieve conformity with the applicable requirements of this chapter.
(b) 
It is deemed by the City of Binghamton to create a safety hazard.
(c) 
It is replaced by another fixture or fixtures, abandoned, or relocated.
(d) 
There is a change in use.
K. 
Odor. No land use or establishment shall be permitted to emit odorous gases or other odorous matter in such quantities as to be readily detectable without instruments at the property line of the lot from which they are emitted, either at ground level or habitable elevation. Any process involving creation or emission of any odors shall be provided with a secondary safeguard system, so control will be maintained if primary safeguard systems should fail.
L. 
Storage of unregistered and/or unlicensed vehicles. See Chapter 265, Housing and Property Maintenance, of the Code of the City of Binghamton, §§ 265-1 and 265-13H(1)(f).
M. 
Urban Village Overlay District, in addition to the other requirements in this chapter, shall include the following design guidelines.
(1) 
Public right-of-way "complete streets."
(a) 
Guiding principles: The public right-of-way is the term used to describe the publicly owned area between property lines. It can include a variety of elements, such as lanes for vehicle travel, parking, bicycling, walking areas, street furniture, bus stops, utility poles, planting strips with landscaping and trees, and signs. Streets must balance the needs of pedestrians, bicycles, transit, and the automobile in creating an attractive and viable neighborhood. Streets are for people first, commercial activity second, parking third, and through-traffic fourth. They should be "complete streets" which respect the pedestrian, bicycle, transit, automobile hierarchy. Urban streets are the stages on which the public life of the community is acted out. Streets are the most important and pervasive public space and common ground when it comes to making Urban Village Overlay District a destination. Likewise, visible caring and upkeep are critical to the vitality of urban street life.
(b) 
Recommendations:
[1] 
Sidewalks: The most profound way to change our streets is to change the balance between people and cars by seeking the widest possible sidewalks and calming traffic.
[2] 
Crosswalks: Crosswalks should favor pedestrian movement at all major intersections.
[3] 
Bike lanes: Where bike lanes are desired, it should be at the expense of a car lane or parking strip rather than at the expense of sidewalk width. Ideally, most streets in Urban Village Overlay District should be calm enough to allow bike traffic in car lanes rather than requiring a separate bike lane.
[4] 
Lighting: Lighting exists at two levels, street lighting and sidewalk lighting. Street lighting provides a base level of illumination. Sidewalk lighting provides lighting for pedestrians. Both should meet dark sky guidelines and define the street space. Sidewalk lighting should define the pedestrian space and be of pedestrian scale.
[5] 
Street trees: Trees should be consistently used to define the street space, provide shade in the summer, and create great environments for sidewalk cafes. The Binghamton Shade Tree Commission should be consulted for all street tree plantings.
[6] 
Transit stops: Transit stops should be provided with amenities, public services and proper signage to increase the use of public transportation.
(2) 
Parking.
(a) 
General.
[1] 
Where uses have different peak parking demands, shared parking agreements should be facilitated.
[2] 
Enclosed parking is encouraged. Parking lots are discouraged, but may be permitted when they adhere to design guidelines.
(b) 
Off-street parking.
[1] 
Parking areas should not front on pedestrian-oriented streets.
[2] 
Parking should be located at the rear of the principal building with access from a driveway or shared alley, if possible.
[3] 
If parking is located on the corner, parking shall be located to the rear of the structure.
[4] 
Parking otherwise visible from the street should be screened with a wall or screening compatible with the building design and in accordance with § 410-55 below. The City of Binghamton Planning Commission shall determine the effectiveness of the screening measures and their compatibility with the building.
(3) 
Retaining existing buildings.
(a) 
Background: The greenest building is the one already built, according to Carl Elefante, FAIA. The reuse of existing buildings is inherently sustainable. Preservation maximizes the use of existing materials and infrastructure, reduces waste, and preserves the historic character of older towns and cities. The energy embedded in an existing building can equal the embodied energy of maintenance and operation for the entire life of the building. Sustainability begins with preservation. Historic buildings were traditionally designed with many sustainable features that responded to climate and site. When effectively restored and reused, these features can bring about substantial energy savings. Taking into account historic buildings' original climate adaptations, today's sustainable technology can supplement inherent sustainable features without compromising the historic character.
(b) 
Guiding principles: The Urban Village Overlay District is intended to be a destination that attracts the community, visitors, workers and residents with these characteristics: unique, healthy, environmentally friendly and memorable. Retaining existing buildings supports each of these characteristics. Older buildings, properly maintained, enhance the uniqueness of the built environment and pedestrian scale; attract unique uses with architectural detail and small bay sizes; and conserve energy and natural resources (the greenest building is the one already built). Additionally, many people choose to visit and live in places that recognize the importance of saving the places that document our history and heritage with physical structures.
(c) 
Objectives.
[1] 
Recognize existing contributing (character/cultural heritage) buildings as an economic development asset in the Urban Village Overlay District.
[2] 
Develop means to revitalize and retain existing contributing (character/cultural heritage) buildings in the Urban Village Overlay District.
[3] 
Use adaptive reuse of existing buildings to further neighborhood goals: create vibrant, attractive housing options, and celebrate the Westside experience.
(4) 
Residential structures.
(a) 
Guiding principles: The character and quality of the Urban Village Overlay District is very dependent on internal flow and street patterns. This is necessary to create a neighborhood which encourages pedestrian circulation, reduces auto dependency and fosters interaction among neighbors. This approach to neighborhood creation will also foster the unity of the Urban Village Overlay District with a larger integrated community of the Westside Neighborhood.
(b) 
Residential walls and facades: The design, form and materials of walls and facades play an important role in determining a building's overall character. A major goal of the Urban Village Overlay District is to provide a clear and appropriate visual aesthetic for the area. The use of traditionally appropriate façade treatments and designs is a vital aspect of achieving this aesthetic.
[1] 
Large surface expanses on walls should be articulated with varied reveal patterns (control joints), material/texture/color changes, architectural detailing, changes in plane/direction of siding materials, or other means. These measures create distinct shadow patterns resulting in the increased perception of depth and variety.
[2] 
Materials that are inherently low maintenance and give a feeling of permanence such as brick, stone, concrete and concrete block are encouraged along the ground plane at pedestrian levels.
[3] 
Exterior walls and facades should include a combination windows, trellises, arcades, canopies, roof overhangs, awnings, recessed or projected stories, balconies, reveals, wainscots, varied materials and/or other architectural elements. This articulation contributes to a building's character, provides visual diversity, enhances pedestrian scale and can aid in climate control.
[4] 
Replacement windows should match existing openings, window styles and materials. If it is necessary to change window materials, traditionally appropriate materials should be used.
[5] 
Windows should be recessed from the surrounding exterior wall and finished with architecturally appropriate trim and sill details.
[6] 
Building facades should have a balance of solid and transparent surfaces.
[7] 
Wood and composite siding painted in historically appropriate colors is encouraged.
[8] 
"Plinth" blocks at building bases and corners in poured concrete, cut stone, or masonry are encouraged.
[9] 
Corrugated fiberglass or metal ("tin") panels are not allowed.
[10] 
Plywood, hardboard or dimensional lumber is discouraged, especially on the front façade.
(c) 
Residential accent materials: Accents and architectural details are features on buildings that provide added visual interest, emphasis, variety and quality in appearance.
[1] 
Brick masonry, high quality man-made stone and natural stone in medium to light earth toned colors may be appropriate for the first-floor of the building.
[2] 
The use of decorative columns, porch rails and spindles, decorative brackets, and other architectural ornamentation appropriate for the architectural style of the building is encouraged.
(d) 
Residential refuse and trash enclosures.
[1] 
Locate refuse container enclosures in rear and/or interior site yards to minimize their visibility from adjacent uses, streets and upper story uses.
[2] 
Refuse enclosure areas and enclosures should be six feet in height, should be architecturally compatible with the overall design theme of adjacent buildings using similar durable and non-combustible materials, textures, colors and form.
[3] 
The use of lattice or other roof structures should be incorporated into refuse enclosures design where possible.
(e) 
Residential structure orientation.
[1] 
Residential buildings should have pedestrian access and visual orientation to the adjacent roadways. Front entrances shall face the street.
[2] 
Residential buildings should be oriented on the site to create interesting and safe common open space areas that promote neighborly interaction.
[3] 
Special building configurations should be considered for corner lots because they have street frontage on two sides. It is important to address both of the streets on which the building abuts. Orientation of the primary façade should take into account the location of entries on adjacent lots and lots across the street, as well as adjacency to parks and other open spaces or urban design features. The driveway entrance on the street not orientation to the mirror street is preferred.
[4] 
Porches: The purpose of providing a porch is to create a buffer and human scale layer between the sidewalk and the house. It is also to provide a seating edge to the private dwelling in which people can choose to "see and be seen" along the neighborhood streets. It is recommended that the porch is raised eight inches to 12 inches at or above the adjacent grade. The porch can be integrated with second floor elements to provide balconies and decks. The front door must be the clearly visible from the street.
(f) 
Residential circulation and parking.
[1] 
Surface parking lots should be located away from the adjacent roadways and to the rear of the buildings. Parking is not allowed between the building and the street.
[2] 
All parking shall be in accordance with the City of Binghamton Zoning Code.
[3] 
In order to help reduce stormwater run-off, the use of permeable surface materials as approved by the City of Binghamton Engineering Department is encouraged.
(g) 
Residential landscaping.
[1] 
Front yards should consist of grass and include shrubs, low-plantings, and/or trees. Front yards should not be paved, except for areas required for driveways.
[2] 
Utility strips are located between the street curb and sidewalk within the public roadway right-of-way. These areas should be planted with grass. The planting of street trees is strongly encouraged.
[3] 
Tree species within utility strip should be installed per the recommendations of the City of Binghamton Shade Tree Commission.
[4] 
Tree placement should be coordinated with streetlights, utilities and entry drives.
[5] 
Trees should be located so as to preserve sight lines at intersections and near signage.
[6] 
Water-conserving plant materials should be used where practical.
[7] 
Clear sight lines should be maintained at entry drives and intersections per City standards.
[8] 
Decorative rocks, cobble, crushed rock, permanent wood chips or gravel are not to be in lieu of ground cover material; however they may be used as accent material to stabilize drainage swales and channels.
(h) 
Residential fencing.
[1] 
Front yard (includes side yard areas 10 feet behind front façade).
[a] 
Front yard fencing is discouraged. Front yard fences and side yard fences within the front yard setback should not exceed a height of three feet.
[b] 
Fences should be mainly constructed of stained wood, masonry and/or metal, other fencing materials must be consistent with the materials and architecture of the home.
[c] 
Chain link fencing is discouraged.
[2] 
Rear/side yard.
[a] 
If residential side and rear yard fences are used, they should not exceed six feet in height.
[b] 
Fences should be mainly constructed of stained wood, masonry and/or metal, other fencing materials must be consistent with the materials and architecture of the homes.
(i) 
Residential lighting: The lighting within the Urban Village Overlay District will have a major impact on the overall aesthetics and safety of the community. The lighting standards are intended to ensure a consistent level of light throughout the neighborhood without creating a nuisance effect. Each light standard and lamp type should be selected within the context of the entire community design objectives and with specific regard to the intended demands for its location. These lighting standards will provide a hierarchy of lighting effects which contribute to the overall cohesiveness of the community image. When used together with the other development guidelines, these standards will unify the project area.
[1] 
Light sources within a white color within the color temperature range of 2,700 to 4,500 degrees Kelvin are encouraged. Golden, yellow, blue, or reddish light sources should not be used. Blinking lights are not permitted.
[2] 
Light standards should be attractive to look at during daylight hours.
[3] 
Light sources should be located and directed to minimize glare to adjacent uses. Indirect wall lighting or "wall washing" is strongly encouraged rather than spot lighting from great distances.
[4] 
Building lighting should be carefully integrated into the building or concealed in the landscape as to hide the source at night and obscure the fixture in daylight.
[5] 
Light fixtures should not project above the façade or roofline of the building.
[6] 
Energy saving devices such as solar sensors and timers should be utilized. The use of energy efficient bulbs is encouraged.
[7] 
These guidelines do not apply to seasonal decorative lighting and emergency lighting, except that such lighting should not result in a disabling glare as set forth in § 410-24J of the Zoning Code.
[8] 
All exterior lighting must in all other respects conform to § 410-24J of the Zoning Code.
(5) 
Nonresidential structures.
(a) 
Guiding principles: To establish an effective and vibrant Urban Village Overlay District, it is necessary allow for a mixed-use neighborhood which balances residential and commercial uses. These design guidelines will help integrate nonresidential use structures into the area while still allowing for the creation of a mixed-use neighborhood.
(b) 
Nonresidential walls and façades: The design, form and materials of walls and facades play an important role in determining a building's overall character. A major goal of this guideline is to provide a balance between the residential character of the neighborhood and the desire for and requirements of commercial development.
[1] 
Large surface areas on exterior walls should be articulated to create distinct shadow patterns, depth, and variety. Wall surfaces should not exceed 250 square feet or have continuous runs greater than 50 linear feet without some form of articulation. At a minimum, wall surfaces should have clearly defined vertical divisions at approximately 15 to 30 foot intervals.
[2] 
Materials that are inherently low maintenance and give a feeling of permanence such as brick, stone, poured concrete and decorative concrete block are encouraged along the ground plane and at pedestrian levels.
[3] 
Exterior walls and facades, especially at ground level, should include windows, trellises, arcades, canopies, roof overhangs, awnings, recessed or projected stories, balconies, reveals, wainscots, varied materials and other architectural elements. This articulation contributes to a building’s character, provides visual diversity, enhances pedestrian scale and can aid in climate control. "Blank" walls are discouraged.
[4] 
Any articulation and/or detailing of exterior walls at ground level should be integrated with landscape features (trees, plants, walls, trellises and unique land forms) to ensure appropriate transition from ground to wall plane.
[5] 
Any redesign of existing structures for nonresidential uses should take into consideration any existing architectural elements or designs of the building in the new plans.
[6] 
For new construction. the minimum height of a ground floor commercial space should be a 15 feet measured from finished grade to the ceiling plate
(c) 
Nonresidential structure openings: Building openings refers to windows, doors, skylights, storefronts, and other interruptions/penetrations in a building façade. The character and quality of a building is highly influenced by the size, scale proportion, edge detail, material and color of these elements.
[1] 
Fabric awnings are encouraged on storefronts and windows. Awnings' shapes and colors must complement the overall building.
[2] 
Windows and/or doors located above the first level should be stacked over those on the first level.
[3] 
Ground floor window openings for new construction of nonresidential structures should be a minimum of 50% to 80% of the ground floor façade area. Second level and above windows should not exceed 50% of the total exterior wall surface.
[4] 
Ground floor window openings for formerly residential structures converted to nonresidential use should maintain the size, shape, and location of existing window openings.
[5] 
Windows should be recessed from the surrounding exterior wall and finished with an architecturally appropriate trim and sill details.
(d) 
Nonresidential utilities and services.
[1] 
For new construction of nonresidential use structures, the burying of utilities lines is strongly encouraged whenever possible.
[2] 
Locate refuse and recycling container enclosures in rear or interior side yards or parking lot landscape areas to minimize their visibility from adjacent uses, streets and upper story uses.
[3] 
Refuse and recycling collection areas and enclosures should be six feet in height, shall be architecturally compatible with the overall design theme of adjacent buildings, using similar durable and non-combustible materials, textures, colors and form.
[4] 
The use of trellis or other substantial roof structures should be incorporated into refuse and recycling enclosure's design where possible.
[5] 
Refuse recycling collection areas and enclosures should be heated for the convenience of users and refuse collection agencies while maintaining convenient connection from public right-of-way.
(e) 
Nonresidential energy conservation.
[1] 
Building and related structures are encouraged to provide ample shade and air circulation for pedestrian users in the hot summer months, as well as thermal mass walls for natural heating in the cool winter months. This can most easily be accomplished by planting shade trees in the utility strip and on the east and west sides of the structure.
[2] 
All buildings are encouraged to incorporate energy-efficient technologies, e.g., photovoltaic solar energy collection panels, and construction systems and technologies to provide the highest possible energy efficient buildings.
[3] 
The use of energy efficient lightbulbs is encouraged.
(f) 
Nonresidential structure orientation: A key ingredient for creating a pedestrian-oriented development in the guidelines is the creation of distinctive buildings within the core commercial/retail parcels. These buildings provide opportunities for retail, office, and other facilities to coexist in close proximity allowing residents to accomplish daily routines as a pedestrian rather than a motorist.
[1] 
Nonresidential buildings should have pedestrian access and visual orientation to the adjacent roadways and/or open-space features.
[2] 
Parking should be to the rear of the site with primary entrances oriented to public roadway. A secondary entrance off the rear parking lot is encouraged. This rear entrance is often an ideal location for an ADA accessible entrance.
[3] 
Special building configurations should be considered for corner lots because they have street frontage on two sides. It is important to address both of the streets on which the building abuts. Orientation of the primary façade should take into account the location of entries on adjacent lots and lots across the street, as well as adjacencies to parks and other open spaces or urban design features. The driveway may access either street, but orientation to the minor street is preferred.
[4] 
Commercial buildings should be oriented to maximize pedestrian linkages to adjacent transit stops.
(g) 
Nonresidential circulation and parking.
[1] 
Surface parking lots should be located away from the adjacent roadways and to the rear of the buildings.
[2] 
All parking shall be in accordance with the City of Binghamton Zoning Code.
[3] 
In order to help reduce storm water run-off, the use of permeable surface materials as approved by the City of Binghamton Engineering Department is encouraged.
(h) 
Nonresidential street tree planting.
[1] 
The intent is to create a heavy "canopy" over the sidewalk and to provide a visual buffer between residential and nonresidential uses. Yard trees should be located a minimum of 40 feet and a maximum of 60 feet from the sidewalk; in utility strips, trees should be located in the middle of the strip between the street curb and the sidewalk.
[2] 
Utility strips are located between the street curb and sidewalk within the public roadway right-of-way. These areas should be planted with grass. The planting of street trees is strongly encouraged.
[3] 
Tree species within utility strip should be installed per the recommendations of the City of Binghamton Shade Tree Commission.
[4] 
Tree placement should be coordinated with streetlights, utilities, and entry drives.
[5] 
Trees should be located as to preserve sight lines at intersections and near signage.
(i) 
Nonresidential lighting: The lighting within the guidelines will have a major impact on the overall aesthetics and safety of the community. The lighting standards are intended to ensure a consistent level of light throughout the project area without creating a monotonous effect. Each light standard and fixture type should be selected within the context of the entire community design objectives and with specific regard to the functional demands for its location. These lighting standards will provide a hierarchy of lighting effects which contribute to the overall cohesiveness of the community. When used together with the other development guidelines, these standards will unify the project area.
[1] 
Light sources with a white color within the color temperature range of 2,700-4,500 degrees Kelvin are encouraged. Golden, yellow, blue, or reddish light sources should not be used. Blinking lights are not permitted.
[2] 
Light standards should be attractive to look at during daylight hours.
[3] 
Light sources should be located and directed to minimize glare to adjacent uses and adjacent roadways.
[4] 
Shoebox style light fixtures are prohibited.
[5] 
Light standards should be located in planters on grade where possible. Large concrete footings that exceed 12 inches above grade are discouraged.
[6] 
Energy saving devices such as solar sensors and timers are strongly encouraged. The use of energy efficient bulbs is encouraged.
[7] 
Light fixtures should not project above the façade or roofline of the building.
[8] 
These guidelines do not apply to seasonal decorative lighting and emergency lighting, except that such lighting should not result in a disabling glare as set forth in § 410-24J of the Zoning Code.
[9] 
All exterior lighting must in all other respects conform to § 410-24J of the Zoning Code.
(6) 
General provisions. These guidelines shall not supersede any other applicable City of Binghamton Codes, Ordinances, or General Laws. All projects located within the Urban Village shall comply with any other applicable City of Binghamton Codes, Ordinances, or General Laws.
N. 
Evidence of conformity. With respect to any application for a building permit, Planning Commission review and approval of a special use permit and site plan, Administrative Planning Review, or variance and before a certificate of occupancy can be issued for any use, the Supervisor of Building and Construction or the Zoning Officer may require the applicant, at his or her own expense, to provide such evidence as he or she may deem necessary to determine whether or not the proposed use will conform to the performance standards set forth above and, in connection therewith, the Supervisor of Building and Construction or the Zoning Officer may obtain expert advice at the expense of the applicant, and payment in advance of the amount of such expense shall be a condition of further consideration of the application. Where appropriate, the Supervisor of Building and Construction or the Zoning Officer may require the installation, maintenance and operation by the applicant, at applicant's expense, of continuous recording instruments to demonstrate the operation or effect of operations of any machines, or devices used to control or lessen noise, vibration, glare, air pollution, water pollution, fire hazards or safety hazards.
O. 
Zoning Board of Appeals action. Upon receipt of the Zoning Officer's or Supervisor of Building and Construction's report on a violation of performance standards, the Zoning Board of Appeals shall hold a public hearing to consider the matter in accordance with § 410-94. Upon a finding of the Zoning Board of Appeals that a violation exists or that corrective action is necessary to prevent the recurrence of a violation, the operator of the violating facility shall be ordered to cease and desist; and all permits, zoning clearances of any other approvals for the operation shall be voided and terminated until such time as the corrective action is taken and such action approved by the Zoning Board of Appeals.
P. 
Tobacco sales near schools prohibited. The sale of tobacco and tobacco products (including but not limited to cigarettes, cigars, pipe tobacco, chewing tobacco and electronic cigarettes) is prohibited within 500 feet of any property boundary of any public or private elementary or secondary school, except upon appeal to the Common Council as provided herein.
(1) 
Common Council approval. Within 30 days, or such longer period as may be agreed upon by the applicant, of receipt and review of the written recommendations of the Planning Commission, the Common Council shall either deny the permit or, by ordinance duly adopted, approve the permit, with or without modifications to be accepted by the applicant as a condition of such approval. The failure of City Council to act within the aforementioned time period shall he deemed a final denial.
(2) 
Review by the Planning Commission. Before consideration of the Common Council, an applicant shall first submit an application to the Planning Commission for review, in accordance with the provisions of Articles VIII and IX of this chapter. The Planning Commission shall consider the application at the next available regularly scheduled meeting and thereafter forward to the Conmon Council its written recommendation within 30 business days following such meeting. In its report, the Planning Commission may recommend approval or denial.
(3) 
The provisions of this subsection shall not preclude the occupancy, maintenance, and occupancy of any tobacco retailer that existed lawfully prior to the effective date of this subsection. Such uses shall be subject to nonconforming use regulations in Article XII.