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HomeMy WebLinkAbout2007_4_4_Local_Law_No_5 Local Law No. 5 - 2007 This local law shall be known as the "Revised Illuminated Sign" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 —Purpose: The Town Board finds that the proliferation of illuminated signs throughout the Town has had a negative impact upon the appearance of the Town. This local law amends portions of Chapter 175 of the Code of the Town of Mamaroneck to add restrictions and to tighten the rules and regulations for illuminated signs. Section 2—Amendments to a current section of the Code of the Town of Mamaroneck: (a) Section 175-4 of the Code of the Town of Mamaroneck hereby is amended by repealing the definition of ILLUMINATED SIGN contained therein and substituting the following definition of ILLUMINATED SIGN in its place: "ILLUMINATED SIGN Any sign which (i) is illuminated by artificial light and either (ii) (a) is located outside of a building or structure or(b) is located within a building or structure but can be seen from outside that building or structure. A sign shall not be considered an illuminated sign within the meaning of article II of this chapter if it (1) is located within a building or structure, (2) is illuminated by an exterior source and (3) can be seen from outside that building or structure if such exterior source is not directed at or designed specifically to illuminate such sign." (b) Section 175-4 of the Code of the Town of Mamaroneck hereby is amended by adding the following definitions thereto: "EXTERIOR SOURCE Any source of artificial light originating from a location outside of a sign." "INTERIOR SOURCE Any source of artificial light originating from within a sign." Section 3 —Repeal of a current section of the Code of the Town of Mamaroneck: Subsection J. of section 175-7 of the Code of the Town of Mamaroneck hereby is repealed. Section 4 —Amendment to a current section of the Code of the Town of Mamaroneck: Section 175-12 of the Code of the Town of Mamaroneck hereby is repealed and the following is substituted in its place: "A. Illuminated signs shall not be permitted in any residential district. 2 B. (a) Illuminated signs located within a building or structure may be lit by either an exterior or an interior source but must be situated at least five (5) feet away from every window and glass door of that building or structure. In addition to free-standing signs, this subsection applies to machines that dispense products for sale and to display cases, racks and refrigerators that contain products for sale if illuminated signs are inextricably part of such machines, cases, racks or refrigerators. (b) This subsection shall not apply to signs, such as exit signs, that by law are required (i) to be within a building or structure and (ii) to be illuminated. Such signs, if lit by an interior source, may be situated anywhere within a building or structure except in such places where laws, other than this section, prohibit them from being situated. C. Illuminated signs located outside of a building or structure shall not be lit by an interior source. D. Illuminated signs and their exterior sources shall be situated so that the light emitted by such sign or its exterior source does not obscure a traffic signal from the vision of an operator of a motor vehicle driving toward such signal. E. Illuminated signs shall not flash, have lights that glow on and off whether randomly or in a sequence or pattern, contain words or numbers that stream across the sign, contain pictorial displays, be animated, swing, revolve or otherwise move. This paragraph shall not apply (i) to calendars, clocks or thermometers or(ii) to illuminated signs located within a building or structure. F. An illuminated sign shall not be lit after 11:OOPM (Prevailing Time) unless such sign advertises a business which, by law, is allowed to receive patrons after 11:OOPM (Prevailing Time) and such business is open to patrons after11:00PM (Prevailing Time). All illuminated signs for such business shall be extinguished when the business closes. G. Illuminated signs shall only contain words and numbers which (i) spell or set forth the name of the business for which such sign advertises, (ii) spell or set forth the street address of the business for which such sign advertises, (iii) spell or set forth the hours of operation of the business for which such sign advertises or (iv) show the date, time and/or outdoor temperature. H. The light emitted by an exterior source for an illuminated sign shall (i) be directed toward the sign, (ii) be oriented so that it is not emitted directly onto an adjoining property, the sidewalk or the street, (iii) be enveloped by an opaque shade for such length as is necessary so that except for the opening through which the light shines, the source of the illumination is entirely covered and (iv) have a maximum nighttime illumination level of twenty (20) foot candles when measured at a distance of twenty-five (25) feet at right angles from the face of the sign. L The type, capacity, quality and installation of the wiring or other equipment used to light an illuminated sign shall comply with all applicable codes, laws, ordinances and regulations. J. Any illuminated sign existing upon the effective date of this section that does not comply with this section shall be permitted to remain in its current location until the earlier of its removal 3 by the owner of the sign or March 31, 2009. Thereafter, such sign shall be removed and not replaced. While standing, such sign may not be enlarged or substantially altered. K. Subsections A, E, F and G of this section shall not apply to illuminated signs that honor or commemorate a religious event, holiday or season. L. This section shall not apply to illuminated signs that are erected to alert the public of an emergency. M. This section shall not apply to public utility companies, the United States of America, the State of New York, the County of Westchester, the Town of Mamaroneck, the Mamaroneck Union Free School District, the Villages of Larchmont, Mamaroneck or Scarsdale or any independent contractors engaged by any of them. Section 5 —Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 6 —Effective Date: This Local Law shall become effective upon filing with the Secretary of State. LL No._ -2007(Revised Illuminated Sign)-F approved 04-04-07