HomeMy WebLinkAbout1994_3_7_Local_Law_No_2 March 7, 1994
Local Law No. 1994
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SIGNS
ARTICLE I
1. PARKING LOTS.
Parking lots, including those used as accessories to retail
businesses which are to be operated or used after daylight hours,
shall be adequately illuminated, and the minimum illumination shall
be one-tenth (1/10) of. one (1) watt per square foot of parking area
distributed over the entire area, employing a minimum number of
poles and fixtures to meet these standards. Lights shall be
provided with reflectors arranged so that the illumination is
directed downward and away from adjacent buildings and any street
or highway which adjoins the parking lot. Shaded floodlights may
also be used on the premises, but, where used, such floodlights
shall not interfere with the traffic lights and signals on streets
or highways adjacent to the parking lots or impair the ability of
persons driving vehicles on such highways to safely operate such
vehicles.
2. SALES LOTS.
Every light used for the illumination of a lot used for the sale or
display of motor vehicles or the sale of other merchandise and
car-washing establishments shall be provided with an opaque shade
which shall extend downward or in the direction of the axis of the
bulb as far as the filament so as to entirely cover the bulb. All
lights shall be shielded so that no light will be transmitted
directly to adjoining property or to the street, except that the
sidewalk area immediately abutting the premises may be illuminated
by lights on the premises. Shaded spotlighting shall be arranged
as provided in Section 1.
3. TEMPORARY RELIEF PERMITS.
Whenever it has been adequately demonstrated to the Building
Inspector that compliance with the terms of this chapter cannot be
effectively and immediately made, the Building Inspector shall have
the authority to grant a temporary permit for the continued
operation of such nonconforming equipment but only in the event
that the owner has taken all necessary steps to secure compliance
with this chapter. Such temporary permit shall be issued for no
longer a period than three (3) months, at the expiration of which
period of time the owner holding such temporary permit shall be
deemed to be in violation of the provisions of this chapter.
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ARTICLE II
4. DEFINITIONS.
As used in this Article, the following terms shall have the
meanings indicated:
ACCESSORY SIGN - Any sign related to a residence, business or
profession conducted or to a commodity or service sold or
offered lawfully existing upon the premises where such sign is
located.
BAR - Town of Mamaroneck Board of Architectural Review.
AWNING SIGN - Any visual message incorporated into an awning.
BUILDING INSPECTOR or INSPECTOR OF BUILDINGS - The Inspector
of Buildings in the Town of Mamaroneck or other officer duly
authorized to perform his duties.
FRONT OR FACE OF A BUILDING - The general outer surface of the
building abutting or fronting upon any main street or main
public highway.
ILLUMINATED SIGN - Any sign illuminated directly or indirectly
by electricity, gas or other artificial light.
INTERIOR SIGN - Any sign, except address numbers, that is
affixed to or painted on the interior of a window or glass, or
any sign located within six (6) inches of the inside face of
the window or a door, which sign is designed to be visible
from .the exterior of the window or door.
NON-ACCESSORY SIGNS - Any sign unrelated to a business or
profession conducted or to a commodity or service sold or
offered upon the premises where such sign is located.
PERSON - One (1) or more persons, corporations, partnership,
associations, joint-stock companies, societies and all other
entities of any kind capable of being sued.
PROJECTING SIGN - Any sign which is erected or maintained over
any street, sidewalk, alley or highway within the Town of
Mamaroneck.
PYLON SIGN - An integral, non-structural architectural feature
normally at right angles to the wall which may be used for the
display of a sign(s) .
ROOF SIGN - A sign erected upon or above the roof of a
building but shall not include a pylon or other structure
which protrudes above the roof and is an integral part of the
building upon which the same is attached.
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SHADED LIGHT - Those lights provided with an opaque shade
' which shall extend downward, or in the direction of the axis
of the bulb, beyond the filament so no part of the filament
extends beyond the end of the shade opening.
SIGN - Any structure or part thereof or any device attached to
a building or painted or represented thereon which shall
display or include any letter, word, model, banner, pennant,
logo, insignia, device, trade flag, symbol or representation
which is in the nature of or is used as an announcement,
direction or advertisement for commercial purposes or
otherwise. A "sign" includes any message and any billboard,
neon tube, string of lights or similar device placed upon,
outlining, hung, painted upon or attached to part of a
building or lot but does not include the flag or insignia of
any nation or group of nations or of any governmental agency
or of any political, educational, charitable, philanthropic,
civic, professional, religious or like campaign, drive,
movement or event except when displayed in connection with a
commercial promotion.
STANDING SIGN - A sign not attached to a building commonly
referred to as ground, monument or directory sign, but not
including pole signs.
TEMPORARY SIGN - A sign which is designated to advertise or
announce a particular event or series of events, to solicit
political support or to announce the availability for sale of.
any type of property intended to be available for a limited
period of time.
WALL SIGN - A sign which is attached directly to or painted on
the building wall and is parallel to the building wall.
5. PERMIT REQUIRED.
After the effective date of this chapter and except as otherwise
herein provided, it shall be unlawful and a violation of this
chapter for any person to erect, construct, paint, alter, relocate,
reconstruct, display or maintain or cause to be erected,
constructed, displayed,or maintained within the Town of Mamaroneck
any sign or signs without first having obtained written permit from
the Building Inspector for such sign or signs and without having
complied with the provisions of this chapter.
6. EXEMPTIONS FROM PERMIT REQUIREMENT.
The following signs do not require a permit:
6-A. Signs of duly constituted governmental bodies, including
' traffic or similar regulatory devices and legal notices.
6-B. Flags or emblems of political, civic, philanthropic,
educational or religious organizations.
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6-C. Bulletin boards or signs not over sixteen (16) square feet in
area for public, charitable or religious institutions, where the
signs are located on the premises of said institution.
' 6-D. Memorial plaques, cornerstones historical tablets and th
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like.
6-E. Signs not visible off the lot upon which they are situated.
6-F. Up to two (2) professional nameplates which do not
individually exceed one (1) square foot in area.
6-G. Identification signs posted in conjunction with doorbells or
mailboxes, not exceeding a total of thirty (30) square inches in
surface area.
6-H. Signs required to be maintained or posted by law or
governmental order, rule or regulation.
6-I. Address signs. Not more than two (2) address signs shall be
permitted for each street frontage. No single permitted address
sign shall exceed two (2) square feet in surface area with a total
area for all allowable signs not to exceed four (4) square feet and
are to be located not less than five (5) feet back from the street
line. Address signs shall show only the numerical address
designations (in number or script) of the premises upon which they
are situated, except that residential address signs may include the
name of the family resident therein.
6-I(1) . The figure or figures comprising the number to be
displayed on a building or on a mailbox, lamp post or sign
pole hereunder shall be at least three (3) inches in height
and shall be placed on the front of said building or on a
mailbox, lamp post, or sign hereunder in a prominent and
conspicuous place and in such manner as to be plainly legible
from the center of the street at all times between sunrise and
sunset. The color of said figures shall be in sharp contrast
to the color of their background.
Provided, however, that so far as the purpose or intent of
this section is concerned, the front of a building shall be
construed as that side of the building which faces the street
on which the number or numbers shall be displayed on such side
of such building or premises.
6-I(2) . The numbers shall be so placed so that they will not
be obstructed by trees, shrubbery, porches or other extensions
of the building.
6-I(3) . Wherever practicable said number shall be placed near
some light or source of illumination so that it may be readily
seen at night.
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' 6-I(4) . Where the building upon which the number is to be
displayed is more than fifty (50) feet from the edge of the
right-of-way (whether improved or not) of the street or road
serving the building, the number shall be displayed on a
mailbox, lamp post, or sign readily visible from the road or
street and in no event further back than fifteen (15) feet
from said road or street right-of-way.
The display of any house number other than the number assigned
by the post office is expressly prohibited.
6-J. Cautionary signs which are less than thirty-six (36) square
inches in size, such as, but not limited to "danger, " "no
trespassing, " "alarm, " etc. No more than one (1) sign shall be
placed at the front of the house and no more than one (1) sign
should be placed upon any wall, with a maximum of six (6) signs
allowed.
6-K., Private traffic signs, including directional, regulatory,
warning or informational signs of a noncommercial nature which are
in the public interest, such as but not limited to "exit, "
"entrance, " "parking, " "one-way, " etc. Each such sign shall not
exceed three (3) square feet in area.
6-L. Signs giving the name of the person making alterations or
repairs to the premises upon which such sign is erected, but only
during the period of such repairs, shall be not more than six (6)
square feet in area and limited to one (1) sign for each lot or
plot and located on the building or, if standing signs, located not
less than the applicable minimum yard dimensions for structures as
set forth in the Zoning Ordinance. No permit is required.
6-M. Signs on premises during the period of new construction
giving the name of the architect, contractor or builder shall be
not more than six (6) square feet in area and limited to a maximum
of two (2) signs per plot and located on the building or, if
standing signs, located not less than the applicable minimum yard
dimensions as set forth in the Zoning Ordinance.
6-N. Block parties conducted pursuant to a permit issued by the
Town Clerk may have two (2) signs up to six (6) square feet in area
displayed for no longer than the day of the event and forty-eight
(48) hours prior thereto. No other block party signs are
permitted. ,
6-0. The number of the permit issued by the Building Department
must be displayed on all signs in letter of one (1) inch in height
at the bottom right hand corner of the sign.
' 7. RESTRICTIONS IN ALL DISTRICTS.
Sign prohibitions and restrictions. The following prohibitions and
general restrictions shall apply in all building zones.
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7-A. Only accessory signs shall be permitted.
7-B. Billboards shall be prohibited.
7-C. Roof signs shall be prohibited.
7-D. No sign or part thereof shall consist of pennants, ribbons,
streamers, balloons, spinners or other similar moving, fluttering
or revolving devices, except as part of limited special events,
grand openings and holiday season promotions as approved by the
Town Board. No such special event shall exceed a period of fifteen
(15) days and shall not be repeated for at least a one-hundred-
twenty-day interval thereafter.
7-E. No sign shall project above the parapet of a building.
7-F. No sign shall be erected in such a manner as to obstruct free
and clear vision for drivers nor 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 word "stop, " "look, " "danger" or any
other word, phrase, symbol or character or red, green or amber
illumination or reflection in such a manner as to interfere with,
mislead or confuse traffic.
7-G. No portable or temporary sign shall be placed on the front
face of any building or otherwise upon any property, improved or
unimproved, or public ways adjacent thereto except as provided in
14 herein.
7-H. Signs painted directly upon the surface material of a
building or other structure are prohibited.
7-I. Any permanent sign placed on a building or upon any property
containing flags, banners and/or any material which moves in any
way through operation of the wind and/or any mechanical device is
found by this Local Law to be objectionable and as a general
practice to be not in character with the community. However, it is
recognized that on rare occasions a flag, banner or other material
which can be movable by operation of the wind may be in character
with a particular architectural design. Therefore, the Board of
Architectural Review is empowered to grant special permits for
signs of such description provided there is a specific finding by
the Board of Architectural Review that the sign is for new
construction and that the particular sign is an integral aspect of
the architectural design of the new construction, which enhances
such new construction, and is in character with the general
surrounding community. Upon such findings the Board of
Architectural Review may grant a special permit which shall be
renewable every two years. Upon application for renewal the Board
of Architectural Review shall ascertain that the sign in question
has been well maintained and that it continues to be an integral
part of the architectural design of the property and is in
character with the surrounding community. This section shall not
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include signs containing flags, banners, etc. for special events as
set forth in 7-D.
7-J. Illuminated signs shall be non-flashing and shall employ only
light sources that are so located that no source of illumination is
exposed, except that neon signs or other exposed-glowing-glass-tube
type or exposed-light-source type signs or attachments that swing,
revolve or otherwise move or special fixture signs or devices, such
as signs with clocks, barometers, thermometers or other moving
indicators and signs with luminous paint or other metallic-sparkle-
type paint, existing as of the effective date of this chapter,
shall be permitted for the duration of their useful life but in no
event longer than two (2) years and shall not be replaced. If any
signs existing as of the effective date of this chapter are of the
flashing type, such signs so existing shall be removed or converted
to a non-flashing type of sign which may then be permitted for the
duration of their useful life as so converted but in no event
longer than two (2) years and shall not be replaced.
8. APPLICATION FOR PERMIT.
Any person desiring to procure a permit for a sign or signs shall
file with the Building Inspector of the Town of Mamaroneck a
completely filled-out sign application along with product and color
samples of all finishes and sign elements; 4" x 6" color
photographs of the site and adjacent parcels within fifty (50) feet
of the building, and eight (8) copies of the following, which shall
contain:
8-A. A scale drawing showing the lettering and pictorial matter
composing the sign, a description of the construction details of
the sign structure and the intensity and type of lighting to be
provided in accordance with Sections 13 A-F.
8-B. A location plan showing the position of the sign on the
building or premises.
8-C. Such other information as the Building Inspector may require
to show compliance with the provisions of this chapter.
8-D. The Board of Architectural Review shall review the
application for conformance with these additional standards:
8-1)(1) . Signs should be designed to be compatible with the
surroundings and appropriate to the architectural character of
the buildings on which they are placed. Sign panels and
graphics should relate with and not cover architectural
features and should be in proportion to them.
' 8-D(2) . Signs should be appropriate to the types of
activities they represent.
8-D(3) . Layout should be orderly and graphics should be of
simple shapes, such as rectangle, circle or oval.
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March 7, 1994
8-1)(4) . No more than two (2) typefaces should be used on any
one (1) sign or group of signs indicating one (1) message.
8-D(5) . The number of colors used should be the minimum
consistent with the design. Groups of related signs should
express uniformity and create a sense of harmonious
appearance.
8-D(6) . The use of sharply contrasting colors may be
prohibited if inconsistent with the character of the sign and
its surroundings. Signs on the same building should be
similar in color, size, shape and location.
8-1)(7) . Illumination should be appropriate to the character
of the sign and surroundings.
8-E. All applications for sign permits must be accompanied by a
filing fee of $25.00 for each sign.
8-F. Any person aggrieved by a decision of the Building Inspector
or the BAR relative to the provisions of this chapter may appeal
such decision, in writing, to the Zoning Board of Appeals as
provided in 16.
9. UNSAFE AND NONCONFORMING SIGNS.
9-A. Whenever it shall appear to the Building Inspector that any
sign has been constructed or erected or is being maintained in
violation of any of the terms of this chapter or is unsafe and
insecure or is in such condition as to be a menace to the safety of
the public, he shall thereupon issue or cause to be issued a
notice, in writing, to the owner, if the whereabouts of such owner
is known, informing such person of the violation of this chapter
or the dangerous condition of such sign and directing him to make
such alteration or repair thereto or to do such things or acts as
are necessary or advisable to place such structure in a safe,
substantial and secure condition and to make the same comply with
the requirements of this chapter within such reasonable time as
shall be stated in such notice. Upon failure to comply with such
notice within the time specified, the Building Inspector may cause
such sign or such part thereof as is constructed or maintained in
violation of this chapter to be removed and may charge the expense
of such removal to the person so notified; provided, however, that
nothing herein contained shall prevent the Building Inspector from
adopting such precautionary measures as may be necessary or
advisable in case of imminent danger to the public or to adjoining
property to place such sign in a safe condition, the expense of
' which shall be paid by the owner.
9-B. Every person maintaining a sign shall, upon vacating the
premises where the sign is maintained, forthwith remove such sign.
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9-C. Any nonconforming sign which becomes unsafe or is removed for
' any reason may not be replaced except by a sign conforming with
this chapter.
9-D. Signs existing as of the effective date of this chapter which
do not conform to the provisions hereof shall be permitted to
remain for the duration of their useful life but in no event longer
than two (2) years and shall not be replaced.
10. RESIDENTIAL DISTRICTS.
10-A. In residential districts, as established by the Zoning
Ordinance of the Code of the Town of Mamaroneck, no signs shall be
erected or maintained except the following:
10-A(1) . Signs advertising the sale or rental of property on
which they are located shall be not more than three (3) square
feet in area and limited to one (1) sign for each lot or plot
and located on the building or, if standing signs, set back
from the street so as to be located not less than the
applicable minimum yard dimensions for structures, as set
forth in the Zoning Ordinance.
10-A(2) . Signs advertising the sale of lots in a subdivision
approved by the Planning Board of the Town of Mamaroneck
consisting of two (2) or more lots shall be not more than six
' (6) feet wide or four (4) feet high and mounted as a standing
sign such that the top shall not be higher than ten (10) feet
above the ground upon which it is situated. Such signs shall
be limited to one (1) sign for each street on which the
subdivision has frontage and located within the subdivision
and not less than the applicable minimum yard setback
dimensions for structures as set forth in the Zoning
Ordinance.
10-B. The signs listed in this section must be located on the
premises to which they pertain.
11. BUSINESS AND LIGHT INDUSTRY DISTRICTS.
In business, service business, mixed business, urban renewal, and
light industry districts, as established by the Zoning Ordinance of
the Code of the Town of Mamaroneck, no sign shall be erected or
maintained except the following signs and unless such signs comply
with the following provisions, but any sign permitted in a
residential district shall be permitted in business and light
industry districts:
11-A. A wall sign which shall not extend more than twelve (12)
inches from such exterior building wall or face.
11-B. The maximum vertical dimension or height of such sign as
permitted in 11-A above shall be thirty-two (32) inches, except
that the maximum height of lettering or .pictorial matter shall not
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exceed twenty-four (24) inches unless such sign is composed
entirely of separate letters attached directly to the wall of a
building, in which case the letters shall not exceed thirty-two
(32) inches in height. The maximum horizontal dimension or length
of such sign shall not exceed the length of the street frontage of
the business establishment upon which such sign is erected or
maintained, but no sign shall exceed fifty (50) feet in length on
any street frontage for the same business. In no case, however,
regardless of the size of lettering or frontage of the property,
may a sign exceed one hundred (100) square feet. The lower edge of
such sign shall not be located above the level of the floor of the
second story of the building upon which the sign is placed or
maintained, and no such sign shall extend beyond the top or ends of
the building surface upon which it is placed or otherwise attached.
More than one (1) sign for each business establishment is
permitted, provided that the combined signs do not exceed the
maximum limitations for a single sign for each frontage. No sign
shall be erected on any side wall of a building.
11-C. One (1) two-sided standing sign of an overall outline area
of not more than thirty (30) square feet per sign face which may
refer to any single business enterprise whose building or part
thereof is seventy-five (75) feet or longer, measured parallel to
the street. For a plot having over one hundred fifty (150) feet in
frontage, a maximum of two (2) standing signs will be allowed. A
' standing sign shall be oriented to generally face the street to
which it is adjacent, and all parts thereof shall be back from the
street lines. No part of any directory or monument sign shall be
more than six (6) feet above the ground subject to the provisions
of the Zoning Ordinance relating to visibility at intersections.
Said sign shall not use guy wires for support. Pole signs existing
as of the effective date of this Chapter may remain in place so
long as the current occupant continues to occupy the premises to
which the sign is related and such sign may continue as long as it
is kept in good repair, as a legal non-conforming sign. However,
any alterations to the premises requiring a building permit, even
in the case of existing occupant, shall automatically require the
removal of any existing non-conforming pole signs relating to such
occupancy. In no event shall a non-conforming pole sign be allowed
longer than 4 years.
11-D. Signs mounted on a pylon, which is an integral part of a
building but not constituting a building wall, may be considered as
and substituted for standing signs as permitted in 11-C above,
except that signs on a pylon shall not extend beyond the top or
edges of the pylon and the height of the top of such signs shall
not be higher than the height of the building permitted under the
Zoning Ordinance. Pylon signs existing as of the effective date of
this Chapter may remain in place so long as the current occupant
continues to occupy the premises to which the sign is related and
such sign may continue as long as it is kept in good repair, as a
legal non-conforming sign. However, any alterations to the
premises requiring a building permit, even in the case of existing
occupant, shall automatically require the removal of any existing
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non-conforming pylon signs relating to such occupancy. In no event
shall a non-conforming pylon sign be allowed longer than 4 years.
11-E. No interior sign shall be erected or maintained in the
window of a building which is visible from outside except as
follows:.
11-E(1) . One (1) permanent, durably constructed and approved
sign no greater than twenty percent (20996) of the window area
or eight (8) square feet, whichever is smaller.
11-E(2) . One (1) permanent sign indicating the hours of the
establishment not greater than one (1) square foot in area.
11-E(3) . No window signs shall be so arranged as to prevent
the viewing of displays or the interior of the space, except
for temporary use of window space for town or civic functions.
11-F. Signs identifying the builder or contractor in connection
with buildings under construction for which a building permit has
been issued and is in effect, but only during the period of
construction, not more than thirty-two (32) square feet in size and
located on the building as provided for in 11-A and B of this
section, or, if standing, not less than twenty-five (25) feet back
from the street line and height not to exceed ten (10) feet.
11-G. No sign permitted in 11-A through F, inclusive, of this
section shall face any adjoining lot in a residential zone.
11-H. At the entrance of buildings with business establishments
above the first floor, nameplates of uniform design and appearance
at the entrance of each such building and not more than a total of
three (3) square feet and eighteen (18) inches in height may be
mounted at the sides of such entrance, provided that they are
placed flat against the wall adjacent to the entrance.
11-I. Signs that otherwise comply with appropriate sections of
this chapter may bear either the name of the proprietor of the
business conducted, the business phone number, the nature of the
business, the goods sold or the services rendered on the premises,
or any or all of them.
ii-J. Signs that otherwise comply with the appropriate sections of
this chapter may be attached flat and parallel upon the wall of the
building and permitted to extend over a public sidewalk, alleyway,
highway or street, provided that such sign shall not project more
than twelve (12) inches from the face of the building, and, if
externally illuminated, then shields, hoods or arms for such
illumination shall not project more than two (2) feet from the
building.
11-K. Any sign now or hereafter existing which no longer
advertises bona fide business conducted or a product sold shall be
taken down and removed by the owner, agent or person having the
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chapter becomes effective may continue for a period of thirty (3 0)
days thereafter. Nothing contained in this section shall apply to
the regulations for illuminations of parking lots and other spaces
'for the sale or display of motor vehicles and other goods and
automobile-washing establishments as contained in 1 through 3,
inclusive, of this chapter.
12-F. A sign illuminated by electricity or equipped in any way
with electric devices or appliances shall conform, with respect to
wiring and appliances, to the regulations of the New York Board of
Fire Underwriters and shall bear the stamp of a legal inspection
agency.
13. TEMPORARY SIGNS.
The erection, installation or maintenance of temporary signs, as
defined in 4, is hereby prohibited, except that the Building
Department may grant special permission for the maintenance of the
following signs:
13-A. A temporary sign not exceeding sixteen (16) square feet in
area which is erected by a municipal, charitable or nonprofit
organization is permitted for a period not to exceed thirty (30)
days. A temporary sign not exceeding sixteen (16) square feet in
area which is erected in a business zone by a political
organization is permitted for a period not to exceed thirty (30)
days.
13-B. The name and address of the sponsor and person responsible
for removal are to be identified.
13-C. Temporary interior signs announcing special sales or events
shall be permitted in a business district. Such signs shall cover
not more than twenty-five percent (250) of the window area to which
they are affixed and shall be removed within fifteen (15) days.
14. SAFETY.
14-A. No signs shall be erected in such a manner as to obstruct
free egress from any window, door or fire escape or so as to become
a menace to life, health or property.
14-B. All signs affixed to any wall or building shall be securely
fastened thereto.
14-C. All signs illuminated by electricity shall conform with
respect to wiring and appliances to the provisions of Chapter 106,
Fire Prevention and Building Construction, of the Code of the Town
of Mamaroneck relating to electrical control.
15. VARIANCES.
The Zoning Board of the Town of Mamaroneck may, in appropriate
cases and after public hearing and subject to appropriate
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