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HomeMy WebLinkAbout1988_9_22_Local_Law_No_6 ✓ (Please Use this Form for Filing your Local Law with the Secretary of Slate) Text of lain should be given as amended.Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Mamatoneck Townof ....... ............................. yaw Local Law No. .........6. of the year 1988........ Alocal law anti_ted "signs" .................................................................. (Insert OEIC) Be it enacted b} the .................... Town.1Board ................................. of the (Name of Legis1whe Bad)-) t�'tflPfY�f� CJiK] Of Atamaronec[c as follows: Town ........................................................................ (see attached pages) (If additional space is needed,please attach sheets of the same size as this and number each) (t) r LOCAL LAW #6 - 1988 ARTICLE V SIGNS §14-28. 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. 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 street or 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 af- fixed 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. NONACCSSSORY SIGNS- Any sign unrelated to a business or pro- fession conducted, or to a commodity or service sold or of- fered, upon the premises where such sign is located. PERSON - One (1) or more persons, corporations, partnerships, 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. ROOTS 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. 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, { -1- insignia, device, trade flag, symbol or representation which is in the nature of or which 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. 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. WAU SIGN - a Sign which is attached directly to or painted on the building wall and is parallel to the building wall. §14-29. Permit Required. A. After the effective date of this local law and except as otherwise herein provided, it shall be unlawful and a violation of this local law 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 local law. B. Exemptions from permit requirement. The following signs do not require a permit: 1. Signs of duly constituted governmental, bodies, including traffic or similar regulatory devices and legal notices. 2. Flags or emblems of political, civic, philanthropic, educational or religious organizations. 3. 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. 4. Memorial plaques, cornerstones, historical tablets and the like. 5. Signs not visible off the lot upon which they are situated. -2- 6. Up to two (2) professional nameplates which do not individually exceed one (1) square foot in area. 7. Identification signs posted in conjunction with doorbells or mailboxes, not exceeding a total of thirty (30) square inches in surface area. 8. Signs required to be maintained or posted by law or governmental order, rule or regulation. 9. Address signs not more than (1) address sign shall be permitted for each street frontage. No permitted address sign shall exceed two (2) square feet in surface area located not less than five (5) feet back from 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. 10. Cautionary signs which are less than one (1) foot square in size, such as but not limited to "danger," "no trespassing," etc. 11. Private traffic signs, including directional, regulatory, warning or informational signs of a noncommercial nature iwhich 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. 12. 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 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. 13. 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 ox, if standing signs, located not less than the applicable minimum yard dimensions as set forth in the Zoning Ordinance. 14. Block parties conducted pursuant to a permit issued by the Town Clerk may have two signs up to six (6) square feet in area displayed for no longer than the da} of the event and forty-eight hours prior thereto. No other block party signs are permitted. C. Sign prohibitions and restrictions. { -3- I The following prohibitions and general restrictions shall apply in all building zones. 1. Only accessory signs shall be permitted. 2. Billboards shall be prohibited. 3. Roof signs shall be prohibited. 4. Except for holiday seasons, grand openings or designated special events as approved by the Town Board, no sign or part thereof shall consist of pennants, ribbons, streamers, balloons, spinners or other similar moving, fluttering or revolving devices. No such special event shall exceed a period of fifteen (15) days and shall not be repeated for at least a one hundred twenty (120) day interval thereafter. 5. No sign shall project above the parapet of a building. 6. 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. 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 §14-35-H herein. 8. Signs painted directly upon the surface material of a building or other structure are prohibited. §14-30 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, which shall contain: 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 he provided. B. A location plan showing the position of the sign on the building or premises. C. Such other information as the Building Inspector may require to show compliance with the provisions of this local law. -4- f D. The Building Inspector shall review the application for conformance with these additional standards. 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. 2. Signs should be appropriate to the types of activities they represent. 3. Layout should be orderly and graphics should be of simple shapes, such as rectangle, circle or oval. 4. No more than two typefaces should be used on any one sign or group of signs indicating one message. 5. The number of colors used should be the minimum consistent with the design. 6. Illumination should be appropriate to the character of the sign and surroundings. 7. Groups of related signs should express unformity and create a sense of harmonious appearance. B. Any person aggrieved by a decision of the Building Inspector relative to the provisions of this local law may appeal such decision in writing to the Zoning Board of Appeals as provided in §14-37. §14-31. unsafe and Non-conforming signs. 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 local law 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 local law 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 local law 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 local law 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 f -5- y 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. B. Every person maintaining a sign shall, upon vacating the premises where the sign is maintained, forthwith remove such sign. C. Any nonconforming sign which becomes unsafe or is removed for any reason may not be replaced except by a sign conforming with this local law. D. Signs existing as of the effective date of this local law 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 years and shall not be replaced. §14-32. Residential districts. A. In residential districts, as established by the Zoning Ordinance of the Town of Mamaroneck, no signs shall be erected or maintained, except the following: 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. 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 mare 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 set back dimensions for structure as set forth in the Zoning Ordinance. B. The signs listed in this section must be located on the premises to which they pertain. 514-33. Business districts and light industry districts. In business districts and light industry districts, as established by the Zoning Ordinance 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: A. A wall sign which shall not extend more than twelve (12) inches from such exterior building wall or face. E l -6- B. The maximum vertical dimension or height of such sign as permitted in Subsection A above shall be thirty-six (36) inches, except that the maximum height of lettering or pictorial matter shall not 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-six (36) 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. 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 as herein prescribed. C. One two-sided standing sign of 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 single business use on a plot having over one hundred-fifty (150) feet in frontage, two (2) standing signs will be allowed. A standing sign sball• be oriented to generally face the street to whneh it is adjacent, and all parts thereof shall be back of the street lines. No part of any standing sign shall be more than fifteen (15) feet above the ground upon which the sign is located. Said sign shall not use guy wires for support. 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 Subsection 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. E. No interior sign shall be erected or maintained in the window of a building which is visible from outside except as follows: 1. One permanent, durably constructed and approved sign no greater than 20 percent of the window area or eight square feet, whichever is smaller. 2. One permanent sign, indicating the hours 'of the establishment not greater than 1/2 square foot in area. 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. { -7- 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 forty-eight (48) square feet in size and located on the building as provided for in Subsections A and B of this section, or, if standing, to be mounted as provided for in Subsection C of this section, but not less than twenty-five (25) feet back of the street line. G. No sign permitted in Subsections A through G inclusive of this section, shall face any adjoining lot in a residential zone. H. At the entrance of buildings with business establishments above the first floor, name plates 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. I. Signs that otherwise comply with appropriate sections of this local law 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 J. Signs that otherwise comply with the appropriate sections of this local law 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 illuminated, then shields, hoods, or arms for such illumination shall not project more than two (2) feet from the building. 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 beneficial use of the building or structure upon which such sign may be found , within ten (10) days after written notification from the Building Inspector, and, upon failure to comply with such notice within the time specified in such order, the Building Inspector is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building or structure to which such sign is attached. L. Awning signs shall not project from an awning. Graphics may be painted or affixed flat to the surface of the front or sides, and shall indicate only the name and/or address of the enterprise or premises. Awning graphics shall be a single -line of lettering not exceeding six (6) inches in height, but if over, three (3) inches in height shall be debited against the permitted wall sign surface area. 514.34. Office building districts. 1 -8- a. { No sign shall be erected or maintained in the Office Building Districts, OB-1 and OB-2, as established by the Zoning Ordinance of the Town of Mamaroneck, except the following, but any sign permitted in a residence district shall be permitted in office building districts: A. Signs announcing the name of the occupant' or occupants of the building not more than thirty (30) square feet in size and limited to one (1) for each building and located on the exterior of the building. B. Standing signs, announcing the name of the occupant or occupants of the building, erected on the premises shall be permitted as provided for in §14-33C of this local law, except that such standing'signs shall be not less than fifteen (15) feet from any street line. C. Nameplates as provided for in §14-33H shall be permitted. 514-35. Illuminated signs, special signs, temporary signs and illuminations of buildings. A. No illuminated signs shall permitted in any residential districts. B. No exterior signs on any building or premises shall be ( illuminated after 12:00 midnight except on those places of business whish shall remain open after 12:00 midnight, and they shall be extinguished at the time of closing of such business. C. Illuminated signs shall be nonflashing 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 of 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 local law, 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 local law are of the flashing type, such signs so existing shall be removed or converted to a nonflashing 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. D. No illuminated sign or light-producing device shall be so located as to be in the direct line of vision to and beyond a traffic light from any point in the street serviced by such traffic light. E. Signs having wholly or partly illuminated surfaces shall have a maximum nighttime illumination level of twenty (20) foot-candles measured at a distance of twenty-five (25) feet at right angles from the face of the sign. -9- E F. No ornamental lighting device attached to or used in connection with exterior parts of a building shall, be permitted, except that such lighting device existing as of the date this local law becomes effective may continue for a period of thirty (30) 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 §§14-52 through 14-56, inclusive, of the Building Code of the Town of Mamaroneck. G. 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. H. The erection, installation or maintenance of temporary signs, as defined in §14-28 is hereby prohibited, except that the Building Department may grant special permission for the maintenance of the following signs: 1. 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 orginization is permitted for a period not to exceed thirty (30) days. 2. The name and address of the sponsor and person responsible for removal are to be identified. 3. Temporary interior-signs announcing special, sales or events shall be permitted in a business district. Such signs shall cover no more than twenty-five percent (25%) of the window area to which they are affixed and shall be removed within fifteen (15) days. §14-36. Safety. A. No signs shall be erected in such a manner as to obstruct free egress from any window, door or fire excape, or so as to become a menace to life, health or property. B. All signs affixed to any wall or building shall be securely fastened thereto. C. All signs illuminated by electricity shall conform with respect to wiring and appliances to the provisions of the Building Code of the Town of Mamaroneck relating to electrical control. §14-37. Variances. i -10- The Zoning Board of the Town of Mamaroneck may, in appropriate cases and after public hearing and subject to appropriate conditions and safeguards, vary or modify the application of the sign regulations prescribed in this local law in harmony with the general purpose and intent as follows: A. The Zoning Board may permit signs to be erected or maintained which do not comply with the regulations herein prescribed for business and light industry districts or projecting signs, provided that the Zoning Board of the Town of Mamaroneck determines that the applicant is entitled to relief using the same rules for granting variances as govern the granting of area variances under the Town Zoning ordinance. B. The Zoning Board may permit standing signs to be erected and maintained upon vacant property or open unoccupied areas; provided, however, that such signs so permitted shall not exceed the equivalent of sign space allowed under the regulations prescribed for the district within which the sign is located. C. Any variance granted shall be limited to a period not to exceed two (2) years from the date granted, with the right to appeal to the Zoning Board of the Town of Mamaroneck for renewal. The foregoing variance powers shall not be deemed to limit the general variance powers of the Zoning Board of the Town of Mamaroneck allowed or provided for in the Building Code of the Town of Mamaroneck and shall be deemed in addition thereto. §14-37.1. -Penalties. In addition to all other remedies permitted at law or equity, any person who shall fail to comply with any of the provisions of this Local Law shall be subject to prosecution therefore in the Town Court and upon conviction shall be liable to a fine not to exceed $250.00 or imprisonment for a period not to exceed five days, or both. Each week's continued violation shall constitute a separate violation. §14-37.2. 5everability If any section, subsection, sentence, clause, phrase or other .part of this ordinance is, for any reason, held by any court of jurisdiction to be invalid, such decisions shall not affect the validity of the remaining portion of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase and other parts thereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses, phrases or other parts be declared invalid. 514-37.3. 'Effective Date This law shall become effective immediately. { -11- i{ (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicable.) 1. 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto,designated as local law No. ..... of 19,8...... opt . of the CW of .44W Pneck,,, was duly passed by the ...Tpwn$9ara,,,, ,,,,, ,,,,,. Town (Name of Legislative Body) on AP.Gi',>nb V.A......... 19 88,...:in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,* or repassage after disapproval.) I hereby certify that the local law annexed hereto,designated as local law No. ........, of 19........ County of the city of ............. was duly passed by the ........... ...... ..... ... .......... Town (Name of Legislatke body) Village not disapproved on............................. 19........ and was approved by the ............................ repassed after disapproval Elective crier Pxecuti,a orreet• and was deemed duly adopted on .................................. 19 ......... in accordance with the applicable provisions of law, 3. (Final adoption by referendum.) I hereby certify that the local]am-annexed hereto,designated as local law No. ........ of 19........ County of the City of ................ was duly passed by the ........... .. ........ Town (Nameof Legislative body) Village not disapproved ( on ............................. 19........ and was approved by the............................ repassed after disapproval Eltethe Chief Eaccud,e officer, on ..... ............................ 19 .......... Such local law was submitted to the people by reason of a mandatory permissive referendum, and received the affirmative vote of a majority of the qualified electors voting general thereon at the special election held on .............................19 ......... in accordance with the applicable annual provisions of law. 4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto,designated as local law No. ........ of 19........ County City of the Town of ................ was duly passed by the ........... .... ..... .......... Village (Name of Legislative body) not disapproved on............................. 19........ and was approved by the............................ repassed at disapproval Elective Chief kxecufsce officer' on .. ....... ... .... ........ .... 19 .........Such local law was subject to a permissive referendum and no valid petition requesting such referendum was filed as of I.............. . ...... .. ..... 19 .. ..... in accordance with the applicable provisions of law. 'Elective Chief Executive Officer means or includes the chlef executive officer of a county elected on a countywide basis or,fl there be none,the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town where such officer Is vested with power to approve or veto local laws or ordinances. (Z) 5. (City local Ian•concerning Charter revision proposed by petition.) hereby certify that the local law annexed hereto,designated as local law No. ........ of 19........ of the City Of ...................... .. having been submitted to referendum pursuant to the provisions of 137 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the special general election held on ............ •••......... 19.........became operative. 6. (County local law concerning adoption of Charter.) 1 hereby certify that the local law annexed hereto,designated as local law No. ....... of the County of ......................State of New York,having been submitted to the£lecto9rs at the General Election of November .. ..,19......,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (If any-other authorized form of final adoption has been followed, please provide an appropriate certifica- tion.) 1 further certify that 1 have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph.............above. Clerk of the fop n dfx•]ti6J'r Cleat,or Date: October 4, 1988 (Seal) (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF...Westchester 1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all Proper proceedings have been had or taken for the enactment of the local law annexed hereto. Edward Lieberman signature ..•.•............ Course] ................Tide........................ Date:October 4, 1988 * of Mamaroneck Town (3)