HomeMy WebLinkAbout1985_2_27_Local_Law_No_3 LOCAL. LAW NO. '3 .l 7 8 5
"Local Law for the enforcement and administration
of the New York State Uniform Tire Prevention
and Building Code"
Section 1. Purpose
This local law is adopted for the purposes of implementing the administration
and enforcement of the New York State Uniform fire Prevention and Building Code.
Section 2. Building Inspector
(a) The Town Board shall appoint a Building Inspector who shall be either an
architect, engineer, or person who has qualified according to the rules and regu-
lations for Civil Service in the County of Westchester and who shall serve and
hold office at the pleasure of the Town Board.
(b) The Town Board shall appoint, from time to time, such deputies and assis-
tants to the Building Inspector as may be deemed appropriate, who shall also serve
at the pleasure of the Town Board and wh6 shall act in the place and stead of the
Building Inspector in his absence.
(c) The Building Inspector shall have all powers, duties, and authority
provided for in Town Law Section 138 and the other provisions of State Law and
any other laws, ordinances, codes, or regulations of the Town of Mamaroneck.
Section 3. Department Records and Reports
(a) The Building Inspector shall keep permanent official records of all
transactions and activities conducted by him, including all applications re-
ceived, plans approved, permits and certificates issued, fees charged and col-
lected, inspection reports, all rules and regulations promulgated by him with the
consent of the Town Board, and notices and orders issued. All such records
shall be public records open to public inspection during normal business hours.
All plans and records pertaining to buildings or structures or appurtenances
thereto shall be retained as long as the building or structure referred to in
such plans and records is in existence.
(b) The Building Inspector shall, annually, submit to the Town Board a
written report and summary of all business conducted by the Building Department,
including approvals, permits and certificates issued, fees collected, orders and
notices promulgated, inspections and tests made, and appeals or litigation Pend-
ing or concluded.
Section 4. Application for Building Permit
(a) No person, firm, or corporation shall coimnence• the erection, construction,
enlargement, alteration, improvement, conversion, or change in the nature of the
occupancy of any building or structure, or cause the same to be done, without
first obtaining a separate building permit from the Building Inspector for each
such building or structure, except that no building permit shall be required for
the performance of ordinary repairs which are not structural in nature.
(b) Ordinary repairs shall not include the cutting away of any wall, par-
tition, or portion thereof,' the removal or cutting of any structural beam or
bearing support, the removal or change of any means of ingress or egress, or
the rearrangement of parts of a structure affecting exit requirements.
(c) Applications for a building permit shall be made to the Building Inspec-
tor on forms provided by the Building Inspector and shall contain the follow-
ing information:
(1) A survey showing the map reference,. the dimensions, locations
with reference to any streets adjoining said property on which the proposed
worts is to be done and the location thereon of all existing and proposed struc-
tures included in the application.
(2) A statement of the use and occupancy of all parts of the land and
of the building or structure.
(3) The estimated total cost of the entire proposed work.
(4) The full name and address of the owner and of the applicant, and
the names and addresses of their responsible officers, if any of them is a
corporation, and the name and address of the owner's authorized agent, if any.
(S) A brief description of the work proposed to be done.
(6) Plans and specifications in triplicate as set forth in (d) of
this section.
(7) Such other information as may be required by the
Building Inspector to establish and determine whether the proposed worts complies
with the requirements of the applicable building laws, ordinances, and regu-
lations.
(8) Applications shall be made by the owner or lessee, or the agent
of either, or by the architect, engineer, builder, or contractor employed in
connection with the proposed work. Where the application for a building permit
is made by a person other than the owner, it shall be accompanied by an affidavit
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of the owner that the proposed work is authorized by the owner and that the
applicant is authorized to make such application.
I (d) Each ODUlication for a building permit shall be accompanied by three-
sets of plans and specifications (except in all cases involving buildings
and structures to be occupied as one-family residences, only two copies will
be required), including a survey drawn to scale showing the location and size
of all proposed construction, all existing structures on the site, the nature
and character of the work to be performed and the materials to be used, distance
from lot lines, the relationship of structures to structures on adjoining
property, the widths and grades of adjoining streets, walks, or alleys,
and where required by the Building Inspector, details of computations, stress
diagrams, and other essential technical data. The seal of a licensed archi
tect or a licensed professional engineer shall be affixed to said plans. The
Building Inspector may waive the requirements for filing plans and specifica-
tions for minor alterations and issue a building permit so stating. The
Building Inspector may waive the requirement for filing plans in case the
cost of construction is less than $500.00. Amendments to the application or
to the plans and specifications accompanying the same may be filed at any
time, prior to the commencement of any work which varies from the plans and
specifications approved by the Building Inspector. Any such amendment or
change in the plans must be approved by the Building Inspector in writing
prior to the commencement of said work.
Section 5. Issuance of Building Permit
(a) The Biifkdirfg Inspector shall examine or cause to be examined all ap-
plications for permits and the plans, specifications, or other documents
filed therewith. All applications shall either be approved or disapproved
within a reasonable time,
(b) Upon approval of the application and payment of the appropriate fees,
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-all.-sets of-plans and specifications shall be endorsed with the work "Approved".
one set of approved plans and specifications shall be reta=ined in the files of
the Building Department, one set shall be returned to Lite applicant together
with the building permit and shall be kept at the building site, open to in-
spection by the Building Inspector or his authorized representative at all rea-
sonable times. The third set (if any) of plans and specifications shall remain
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With the Building Inspector for the use of any other department of the T051rn.
(c) If the application, together with plans, specifications, and other
documents filed therewith, describe proposed work which does not conform to
all of the requirements of the applicable building and zoning regulations,
the Building Inspector shall disapprove the same in writing. Applicant may
then appeal any such decision in accordance with the provisions of the Zoning
Ordinance and the provisions of this Code.
Section 6. Performance of work under Building Permit
(a) A building permit shall be effective to authorize the commencement
of work in accordance with the application, plans, and specifications on which
It is issued for a period of one (1) year after the date of its issuance. The .
Building-Inspector may, for good cause shown, allow a maximum of two (2) ex-
tensions of the building permit for a period not exceeding six months for
each extension. However, .any application for an extension of a building per-
mit must be made prior to the expiration of the original permit or any exten-
sion thereof.
(b) The issuance of the building permit shall constitute authority to
the applicant to proceed with the work in accordance with the approved plans
and specifications and in accordance with the applicable building laws, ordi-
nances, or regulations. All work shall conform to the approved application,
plans, and specifications except that no building permit shall be valid inso-
far as it authorizes the performance of work or the use of materials which are
not in accordance with the requirements of the applicable building regula-
Lions and zoning ordinances.
Section 7. Revocation of Building Permit
( The Building Inspector may revoke a building permit theretofore issued
and approved in the following instances:
(a) where he finds that there has been any false statement or misrepre-
sentation as to a material fact in the application, plans, or specifications
on which the building permit was based.
(b) adhere he finds that the building permit was issued in error and
should not have been issued in accordance with applicable provisions of law.-
(c)'idhere he finds that the work performed under the permit is not being
prosecuted in accordance with the provisions of the application, plans, or
specifications.
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(d) Where the person to whom a building permit has been issued fails
or refuses to comply with a Stop Order issued by the Building Inspector.
(e) There the person to whom a building permit has been issued fails
or refuses to allow the Building Inspector and/or his designated Deputies
entry onto the building or property for the purpose of inspecting the work
during reasonable working hours.
Section 8. Stop Orders
Whenever. the Building Inspector has reasonable grounds to believe that
work on any building or structure is being prosecuted in violation of the
provisions of the State Building Code, this local law, or other applicable
ordinances, rules or regulations, -or not in conformity with the provisions
of an application, plans, or specifications on the basis of which a build-
ing permit was issued, .or in an unsafe and dangerous manner, the Building
Inspector shall notify the owner of the.property or the owner's agent to
suspend all-huilding activities until the Stop Order has been rescinded or
modified. Such order and notice shall he in writing, shall state the condi-
tions under which the work may be resumed, and may be served upon the person
to whom it is directed either by delivering it personally to that person, or
[ by posting the same upon a conspicuous portion of'the building where the work
is being performed and sending a copy of the sanie to him by certified mail
at the address set forth in the application for permission far the construc-
tion of such building.
Section 9. Right of Entry
The Building Inspector and such deputies and such assistant building
inspectors as (nay he appointed by the Town Board, upon showing the
proper credentials and in the discharge of their duties, shall be permitted
to enter upon any building, structure, or premises without interference
during reasonable working hours.
Section 10. Certificate of Occupancy
(a) No building hereafter erected shall be used or occupied in Otole or
in part--until a Certificate of Occupancy shall have been :issued by the Build-
ing Inspector.
(b) No building hereafter enlarged, extended, or altered, or upon which
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other work has been performed which required the :issuance of a building per-
mit and which has been occupied during such enlargement, extension, altera-
tion, of othor work, shall be occupied or used for more than thirty (30)
days after the completion of the alteration or other work unless a Certifi-
cate of Occupancy shall have been issued by the Building Inspector.
(c) No building hereinafter enlarged, extended;or altered or upon which
other work has been performed pursuant to a building permit may be occupied,
unless occupied during the work being performed as provided in Subsection (b)
above until such time as a Certificate of Occupancy shall have been issued
by the Building Inspector.
(d) No change shall be made in the use of an existing building unless
a Certificate of Occupancy authorizing such new use shall have been issued
by the ]Building Inspector.'
Section 11. Inspection Prior to Issuance of Certificate of Occupancy
(a) The owner or his agent shall snake application for a Certificate of
Occupancy, Accompanying this application and before the issuance of a Certi-
ficate of Occupancy, there shall. be filed with the Building Inspector an
affidavit of the registered architect or licensed professional engineer who
filed the original plans, or of the registered architect or .Licensed proEes--
sional engineer who supervised the construction of the work, or of the super-
( intendant of construction who supervised the work, and who, by reason of his
experience, is qualified to superintend the work for which the Certificate
Of Occupancy is sought. This affidavit shall state that the deponent has
examined the approved pans of the structure for which a Certificate of Occu-
pancy is sought, that the structure has been erected in accordance with ap-
proved plans, and as erected, complies with all laws, rules, and regulations
governing building construction, or as varied by a variance which has been
legally authorized. Such variances and qualifying conditions imposed there-
with, if any, shall be specified in the affidavit.
(b) In instances where the Building Inspector has determined (pursuant
to Section 4 (d) of this local law) that a requirement for filing of plans
shall be waived, then the owner or contractor performing the work for the
owner to whom the permit has been issued shall submit an affidavit as is set
forth in Subdivision (a) hereinabove.
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(c) No Certificate of Occupancy shall be issued for any new construe-
tion where, as part of the permit, it is required that the building or other
structure be located on the property for the purpose of demonstrating corn--
( pliance with such setback requirements of the Zoning Ordinance, unless and
until an "as built" survey is submitted, signed and sealed by a surveyor
licensed in the State of New York showing the location of the building or
Other structure on the property and the distances of the building or other
structure from property lines or other structures as may be required by the
Zoning Ordinance to demonstrate compliance with setback requirements in the
Zoning Ordinance of the Toren of Mamaroneck. No.Certificate of Occupancy
shall be issued until such survey has been reviewed by the Building Inspector
and the Building Inspector has determined that, according to such certified
survey, the building or other structure complies with all requirements for
setbacK set forth in the Zoning Ordinance of the Town of Mamaroneck..
(d) Before issuing 'a Certificate'of Occupancy, the Building Inspector
shall examine or cause to he examined all buildings, structures, and sites
for which an application has been filed for a building permit to construct,
enlarge, alter, repair, or change the use or nature of occupancy, and may
conduct such inspections as are deemed appropriate from time to time during
and upon completion of the work for which a building permit has been issued,
There shall be maintained in the Building Department a record of all such
examinations and inspections, together with a record of findings of viola-
tions of the law.
Section 12. Issuance of Certificate of Occupancy
(a) When and after final inspection it is found that the proposed work
has been completed in accordance with the applicable laws, ordinances, rules
and regulations, and also in accordance wit0 the application, plans, and
specifications filed in connection with the issuance of the building permit,
the Building Inspector shall issue a Certificate of Occupancy upon the form
provided by him. LE It is found that the proposed work has not been properly
completed, the Bullding Inspector shall not issue a Certificate of Occupancy
and shall order Iho work r_amplK ed in conformity with the building permit and
in conformity wl i h 1 ho Olipl "Ohle building; regulations.
(b) A C.'erl l f l lace Of Occupancy shall be issued where appropriate within
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thirty (3Q). days afLur written application therefore is wade.
(c) The Certificate of Occupancy shall certify that the work has been com-
pleted and that the proposed use and occupancy is in conformity with the pro-
visions of the applicable building laws, ordinances, rules and regulations
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and shall specify the use or uses and the extent thereof to which the build-
ing or structure or its several parts may be put.
Section 13. Temporary Certificate of 4ccupa_ncy
Upon request, the Building Inspector may issue a temporary Certificate of
occupancy for a building or structure, or part thereof, before the entire work
covered by the building permit shall have been completed, provided such por-
tion or portions as have been completed may be occupied safely without endan-
gering life or the public health or welfare. A temporary Certificate of Occu-
pancy shall remain effective for a period not exceeding three (3) months from
its date of issuance. For good cause, the Building Inspector may allow a
maximum of two (2) extensions for periods not exceeding three (3) months each.
Section 14. Tests
Whenever there are reasonable grounds to believe that any material, con-
struction, equipment, or assembly does not conform with the requirements of the
{ applicable building laws, ordinances, or regulations, the Building Inspector
may require the same to be subjected to tests in order to furnish proof of
such compliance. Any such tests required by the Building Inspector shall be
performed at the expense of the applicant.
Section 15. Liability for Actions
No memba r of the Town Board, or any representative, board or commission,
appointed by the Town Board, or the Building Inspector, or their subordinates,
r acting in good faith and without malice, shall be liable for damages by rea-
son of anything done in any action or proceeding instituted under any provi-
sion of this local law or by reason of any act or omission in the performance
of their official duties.
Section 16. Penalties for Violation
(a) It shall be unlawful for any person, firm, or corporation to construct,
alter, repair, move, demolish, equip, use, occupy, or maintain any building or
structure or portion thereof in violation of any provision of this local law
or to fail in any manner to comply with a notice, directive, or order of the_
Building Inspector, or to construct, alter, or use and occupy any building or
structure or part thereof in a manner not permitted by an approved building
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permit or Certificate of Occupancy.
(b) Any person who shall fail to comply with a written order of the Build-
ing Inspector within the time fixed for compliance therewith, and any owner,
builder, architect, tenant, contractor, subcontractor, construction superin-
tendent, or their agents or any other person taking part or assisting in the
construction or use of any building, who shall violate any of the applicable pro-
visions of this local law, or any lawful order, notice, directive, permit, or
certificate of the Building Inspector made thereunder, shall be guilty of a
misdemeanor which shall be punishable by a fine of not more than live Hundred
($500.00) Dollars or thirty (30) days in jail, or both. Each day that a viola-
tion continues shall be deemed a separate misdemeanor.
(c) Any violation of this local law is a misdemeanor. Such violation
shall also subject any person violating the same to a civil penalty in the
sum of One Hundred ($100.00) Dollars, recoverable in a civil action.brought
by, or on behalf of, tie Town of Mamaroneck. When a violation of any-part
of the provision of this local law is continuous, each twenty-four (24) hours
thereof shall constitute a separate and distinct violation.
(d) Appropriate actions and proceedings may be taken at law or in equity
to prevent unlawful construction or to restrain, correct, or abate a viola-
tion or to prevent illegal occupancy of a building, structure, or premises
or to prevent illegal acts, conduct, or business in or about any premises; and
these remedies shall be in addition to the penalties prescribed in the pre-
ceding Section. .
Section 17. Schedule of Tees
Such fees shall be charged as are, from time to time, adopted by resolu-
tion of the Town Board for the issuance of permits and Certificates of Occu-
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pancy and for inspections.
Section 18. Existin Encroachments
Parts of buildings which already project beyond the building line may
be maintained as constructed provided the Building Inspector of the Town of
Mamaroneck has certified that the maintenance of such encroachment shall not
in any way endanger the public or adjoining properties.
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Section 19. Rood Shin�les
The use of wood shingles on roofs and parapets is expressly prohibited
on any and all buildings intended for human occupation anywhere within the
Town. The only exceptions are public sheds in publ'c parks and such other
structures as the Town Board may, after public notice and hearing, permit in
Special or exceptional cases which do not endanger public health or safety.
Wood shingles are permitted, however, as siding on single family dwellings
and as siding on one-- and two-story attached, fire separated, single--family
dwelling units.
Section 20. Electrical Control
Since there is danger to life and property inherent in the use of elec-
trical energy, this local law sball regulate the design, installation, altera-
tion, replacement, maintenance, repair, and inspection of wiring for electric
light, power, heat, signal systems, and other uses operating in excess of
fifty (50) volts and the installation of all electrical equipment and apparatus
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operating in excess of fifty (50) volts located in or on any real property in
the Town of Mamaroneck, County of Westchester, State of New York.
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{ (a) National Code adopted. All electrical installations heretofore men-
tioned shall be made in conformity with the requirements of the National
Electrical Code except when the provisions of this local law or any other local
law, ordinance, or building code of the 'down of Mamaroneck shall prescribe dif-
ferently, in which event compliance with the provisions of such local law, ordi-
nance, or building code shall be recognized as proper compliance with this
local law. The requirements of the National Electrical Code shall be those
known as "National Fire Protection Association Pamphlet No. 70," as approved
and adopted by the American Standards Association.
(b) Inspector. The Chief Inspector and each of the duly appointed Inspec-
tors of the New York Board of Fire Underwriters Electrical Bureau are hereby
authorized and deputized as agents of .the Town of Mamaroneck to make inspec-
tions and reinspections of all electrical installations heretofore and here-
after described and to approve or disapprove the same. In no event, however,
will the cost or expense of such inspections and reinspections be a charge
against the Tom of Mamaroneck. Whenever reference is hereinafter made to the
"Inspector," such reference shall be to the aforesaid Chief Inspector or to
any of said duly appointed Inspectors of the New York Board of Fire Underwriters.
(c) Duties of the Inspector. It shall be. the duty of the Inspector upon
making an inspection or reinspection of any electrical installation in or on
real property in the Town of Mamaroneck to issue a written report to the Build-
ing Inspector, whose duty it shall be to enforce all the provisions of the
Electrical Code. The Inspector shall make inspections and reinspections of
electrical installations, devices; appliances, and equipment in and on proper-
ties in the Town of Mamaroneck upon the written request of an authorized
official of the Town of Mamaroneck, upon the written request of the owner of
a building in the Town of Mamaroneck or his electrical contractor, or upon his
own volition. In the event of an emergency, it is the duty of the Inspector
to make electrical inspections upon the oral request of an authorized official
of the Town of Mamaroneck. It shall be the duty of the Inspector to furnish
written reports'of all inspections to the Building Inspector or to the proper
officials of the Town of Mamaroneck and to" the wne.cs and/or Lessees of property
{ where defective electrical installations and equipment are found upon inspection.
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_ He shall authorize the issuing of a certificate of compliance when electrical
Installations and equipment are in conformity with the Electrical Code. He
shall send a copy of said certificate Of compliance to the Clerk of the Town
of Mamaroneck, to the owner, lessee or electrical contractor involved, or to
any official designated to receive such certificates or reports.
(d) Violations of the code
(1) It shall be a violation of the Electrical Code for any person,
firm, or corporation to install or cause to be installed or to alter or repair
electrical wiring for light, heat, or power in or on properties in the Town of
Mamaroneck until an application for inspection has been filed with the New
York Board of Fire Underwriters. It shall be a violation of the Electrical
Code for a person, firm, or corporation to connect or cause to be connected
electrical wiring for light, heat, or power in or on premises in the Town of
Mamaroneck to any source of electrical energy supply prior to the issuance
of a temporary or a final certificate of compliance by the New York Board of
Fire Underwriters Electrical, Bureau.
(2) Any person, firm, entity or corporation, and/or principal of a
corporation found to be in violation of any provision of this local law shall
( be guilty of an offense and, upon conviction thereof, be fined in an amount
not exceeding two hundred fifty dollars (,5250.00) for each violation and/or
up to fifteen (15) days imprisonment for the active officer. Each week in
which such violation shall continue shall be deemed a separate offense.
(3) In the event that any person, firm, entity or corporation, and/or
Principal of a corporation shall continue a violation, and the Town Board
shall make a finding that such violation is detrimental to the health, safety,
or general welfare of the inhabitants of the Town, then the Town Board may
direct the Town's Attorney to apply to the Supreme Court for relief, directing
that the violation be corrected or removed and that all costs and expenses
incurred by the Town of Mamaroneck in connection with such proceeding, in-
cluding the actual cost of correction or removal of the condition causing
the violation; shall be assessed against the offender and shall be added to
the next year's tax roll and become a lien against said property. The Town
Board may direct, ,by resolution, that the Town may correct violations creat-
ing emergency conditions of danger by forthwith entering the property and
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correcting the violation and assessing the cost of same to the violator as
set forth above.
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(e) Code not applicable in certain cases. The provisions of the Elec-
trical Code shall not apply to electrical installations in railway cars, auto-
motive equipment, or the installations or equipment employed by a railway,
( electrical, or communication utility in the exert#se of its function as such
utility and located outdoors or in buildings used exclusively for that purpose,
The Electrical Code shall not apply to any work involved in the manufacture,
assembly, test or repair of electrical machinery, apparatus, materials and
equipment by a person, firm, or corporation engaged in electrical maaufackur_
ing or repair as its principal business, It shall not apply to any building
which is owned or leased in its entirety by the government of the United States
or the State of New York.
(f) No waiver or assumption of liability. The Electrical Code shall not
be construed to relieve from or lessen the responsibility of any person own-
ing, operating, controlling, or installing any electrical miring, devices,
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appliances, or equipment for loss of life or damage to a person or property
caused by any defect therein, nor shall the Town of Mamaroneck or the New York
Board of Fire Underwriters be deemed to have assumed any such liability. by
reason of any inspection made pursuant to the Electrical Code.
Section 21. Outdoor Advertising Signs
(a) Definitions
SIGN or SIGNS -- Any matarial or structure, or part thereof, composed of
lettered or pictorial matter or neon which lettered or pictorial matter is
placed which is used outside of or on the exterior of any building for dis-
play Of an advertisement, announcement, notice, directional matter or name, and
includes signs, billboards, signboards, illuminated signs, or ground signs, but
does not include signs erected and maintained pursuant to and in discharge
Of any governmental function.
FRONT or FACE OF A BUILDING •-- The general outer surface of the build-
ing abutting or fronting upon any street or public highway.
PROJECTING SIGN - Any sign which is erected or maintained over any
street, sidewalk, alley, or highway within the Town of Mamaroneck.
PERSON -- One (1) or more persons, corporations, partnerships, associa-
tions, joint-stock companies, societies, and all other entities of any ]rind
capable of being sued.
BUILDING INSPECTOR or INSPECTOR OF BUILDINGS - The Inspector of Build--
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ings in the Town of Mamaroneck or other officer duly authorized to perform
his duties.
RDOF 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.
STANDING SIGN -- Means a sign not attached to a building.
(b) Permit required.
After the effective date of this local law and except: as otherwise herein
provided, it shall be unlawful and a violation of this ordinance for any per-
son to erect, construct, paint, alter, relocate, reconstruct:, display, or main_
taro or cause to be erected, constructed, displayed, or maintained within the
Town of Mamaroneck any sign or signs without first having obtained a written
permit from the Building Inspector for such sign or signs and without having
complied with the provisions of this ordinance.
(c) 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;
(1) A scale drawing showing the lettering and pictorial matter com-
posing the sign, a description of the construction details of the sign strue-
Cure, and the intensity and type of lighting to be provided; a location plan
showing the position of the sign on the building or premises; and such other
information as the Building Inspector may require to show compliance with the
provisions of this ordinance.
(d) Unsafe and unlawful signs.
(1) 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 ordinance 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 Violati-on of this ordinance
or the dangerous condition of Such sign and Meeting him to make such altera-
tion or repair thereto or to do such things or acts as are necessary or ad-
visable to place such structure in a safe, substantial, and secure condition
and to make the same comply with the requirements of this ordinance within
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such reasonable time as shall be stated in such notice. Upon failure to com-
ply with such notice within the time specified, the Building Inspector may
cause such sign or such part thereof as is constructed or maintained in viola-
tion of this ordinance to be removed and may charge the expense of such re-
moval to the person so notified; provided, however, that nothing herein con-
tained 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.
(2) Every person maintaining a sign shall, upon vacating the premises
where the sign is maintained, forthwith remove such sign.
(e) Regulation of signs in residential districts
In residential districts, as established by the Zoning Ordinance of the
Town of Mamaroneck, no signs shall be erected Or maintained, except the fol
lowing;
(1) Signs stating the naute of the owner or occupant of the premises,
or his profession or occupation, or the street number of the premises, or
notice of vacancy of apartments. Such signs are to be not more than one (1)
square foot in area and limited to one (l.) sign per lot or plot located not
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less than five (S) feet back from the street line. No permit required.
(2) Signs advertising the sale or rental of property on which they
are located 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 stand-
ing signs, located not less than the applicable minimum yard dimensions for
structures, as set forth in the ZoninZ Ordinance.
(3) 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 (y) 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 an which the subdivision has frontage
and located within the subdivision and not less than the applicable minimum
yard dimensions for structure as set forth in the Zoning Ordinance.
(4) Signs giving the name of the person malting alterations or re-
pairs to the premises upon which such sign is erected, but only during the
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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 dimen-
sions for structures as set forth in the Zoning Ordinance. No
Permit required.
(S) 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 ttao (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. No
Permit required.
(6) Signs customarily incident to churches and places of worship.
(7) The signs listed in this section must be located on the premises
to which they pertain, There shall be no roof or projecting signs.
(f) Regulation of signs in 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:
(1) A sign attached to the wall of a building, which sign shall
advertise only the business conducted on the premises, may be placed only
upon the front or face of a building as defined in this ordinance, and must
be constructed and maintained flat or parallel with the building wall to
which it is attached, and shall not extend more than eighteen (18) inches
from such exterior building wall.
-(2) The maximum vertical dimension or height of such sign as per-
mitted in Subdivision (1),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 dimen-
sion 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
j the same business, The lower edge of such sign shall not be located above the
r-
16
leval of the floor of the second story of the building uppn 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
f
the combined signs do not exceed the maximum lipiitations for a single sign
as herein prescribed,
(3) No roof,sign shall be permitted in a business district or light
industry district.
(4) One (1) standing sign of overall outline area of not more than
thirty (30) square feet per sign which may refer to any single business enter-
prise 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 shall be oriented to generally face the street to
which it is adjacent, and all parts thereof sha11 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.
(5) Signs mounted on a pylon, which i.s an integral part of a build-
ing but not constituting a building wall, may he considered as, and Substi-
tuted for, standing signs as permitted in (4) 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.
(6) Necessary entrance or directional signs for required parking
areas not more than five (5) square feet in size located on the exterior
of the building, which shall be placed as provided for in Subsection 22(f)(1)
Of this section. Such signs may also be standing signs but must be located
back of the street lines.
(7) 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 Subsection 22(f)(1) and (2) of this. section, or, if standing, to be
mounted as provided for in Subsection 22(f)(4) of this section, but not less
than twenty--five (25) feet back of the street Line,
(8) No sign permitted under Subsection 22(f)(1) through (7), in-
clusive of this section, shall face any adjoining lot in a residential zone.
(9) 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 eighteen (18) inches in
height may be mounted at the sides of such entrance, provided they are placed
flat against the wall adjacent to the entrance.
(10) Signs that otherwise comply with appropriate subdivisions of
this ordinance may bear either the name of the proprietor of the business
conducted, the nature of the business, the goods sold or the services ren-
dered on the premises, or any or all of them
(11) Signs that otherwise comply with the appropriate subdivisions
of this ordinance 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 eighteen (18)
inches from the face of the building, arid, if illuminated, then shields, hoods,
or arms for such illumination shall not project more than two (2) feet from
the building.
(12) Any sign now or hereafter existing which no longer advertises
a bona fide business conducted or a product sold shall be taken down and re-
moved by the owner, agent, or person having the beneficial use of the build'
Ing 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 Inspec-
tor is hereby authorized to cause removal of such sign, and any expense inci-
dent thereto shall be paid by the owner of the building or structure to which
such sign is attached.
(g) Regulations of signs in office building districts.
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 Mama-
roneck, except the following, but any sign permitted in a residence district
shall be permitted in office building districts:
(1) 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.
(2) Standing signs,announcing the name of the occupant or occupants
of the.building, erected on the premises shall be permitted as provided for
in Subsection 22(f) (4) of this ordinance, except that such standing signs
-- 18 --
shall be not less than ,fifteen (15) feet (rota any street line,
(3) Necessary entrance, exit, or directional signs for required
parking areas not more than five (5) square feet in size located on the ex-
terior of the building, or standing signs, which standing signs must lie back
of the street line.
(4) No roof signs or projecting signs shall be permitted on any
building in any office building district.
(5) Name plates as provided for in Subsection 22(f)(9) shall be
permitted.
(h) Illuminated signs, special signs and illumination of buildings.
(1) No illuminated signs shall be permitted in any residential
districts.
(2) No exterior signs on any building or premises shall be illumina-
ted after 12:00 midnight except on those places of business which shall remain
open after 12:00 midnight, and they shall be extinguished at the time of
closing of such business.
(3) 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-Cube 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 ordi-
nance, shall be permitted for the duration of their useful life, but in no
event longer than five (5) years and shall not be replaced. If any signs
existing as of the effective date of this ordinauce 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 five (5) years, and shall not be
replaced.
(4) 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.
(5) Signs having wholly or partly illuminated surfaces 'shall have
a maximum nighttime illumination level of twenty (20) foot candles measured
19-
at a distance of twenty-give (25) feet at right angles from the face of the
sign,
(b) No ornamental, lighting device attached to or used in connection
I
with exterior parts of a building shall he permitted; except that any such
lighting device existing as of the date this ordinance becomes effective may
continue for a period of thirty (30) days thereafter, Nothing contained in
this subdivision shall apply to the regulations for illumination of parking
lots and other spaces for the sale or display .of motor vehicles and other
goods and automobile washing establishments as contained in Section 25(a)
through Section 26, inclusive, of the Building Code of the Town of Mamaroneck.
(7) Except as specifically permitted in this ordinance, neon or
glowing glass--tube type lightiiig,.signs with parts or attachments that swing,
revolve, or otherwise.move, signs with clocks, barometers, thermometers, or
other moving indicators, signs with luminous paint or with metallic-sparkle
type paint, or other neon or glowing glass-tube type lighting, or any inter-
mittent or flashing lighting on or about the exterior of a building for any
purpose, is prohibited.
(i) General safety provisions
. (1) 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.
(2) All signs affixed to any wall or building shall be securely
fastened thereto.
(3) 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.
(j) Variances.
The Town 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:
(1) Permit signs to be erected or maintained which do not colfiply
With the regulations herein prescribed for business and light industry dis-
tricts or projecting signs, provided the Town Board of the Town of Mamaroneck
{
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determines that the applicant is entitled to some relief and that such relief
will not be detrimental to the neighborhood in which the sign is located,
(2) permit standing signs to be erected and maintained upon vacant
property or open unoccupied areas, provided,however,:/that such signs so per-
mitted shall not exceed the equivalent of sign space allowed under the regula-
tions prescribed for the district within which the sign is located.
(3) 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 Town
Board of the Town of ,Mamaroneek for renewal. The foregoing variance powers
shall not be deemed to limit the general variance powers of the Town 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.
Section 22. Excavations
(a) Temporary support.
Until permanent support has been provided, all excavations shall be safe-
guarded and protected by the person causing the excavations to be made, to avoid
all danger of injury or property damage. Where necessary, such excavations
shall be retained by temporary retaining walls, sheet piling and bracing,
or other approved method to support the adjoining earth.
(b) Examination of adjoining property.
Before any excavation or demolition is undertaken, permission to enter
upon adjoining property for the purpose of physical examination shall be af-
forded by the owner and tenants of such adjoining property to the person under-
taking the excavation or demolition, prior to the commencement and at rea-
sonable periods during the progress of the work.
(c) Notice to the Building Inspector.
If the person who causes an excavation to be made or an existing structure
to be demolished has reason to believe that an adjoining structure is unsafe,
that person shall forthwith report in writing to the Building Inspector. The
Building Inspector shall inspect such premises, and if the structure is found
unsafe, the Building Inspector• shall order it repaired as provided in the
Town of Mamaroneck Unsafe Buildings Law.
(d) Responsibility of adjoining owner.
The person making or causing an excavation to be made shall, before
f
starting the work, give at least a one-week notice in writing to the owner of
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each neighboring building or structure, the safety of which may be affected.
After receiving consent to enter a building, structure, or premises, such per-
son shall make the necessary provisions to protect it structurally and to in-
.sure it against damage by the elements which may epsue from such excavation.
If license to enter is not afforded, then the adjoining owner shall have the
entire responsibility of providing both temporary and permanent support of
his premises at his own expense. For that purpose, the adjoining owner shall
be afforded permission, when necessary, to enter the property where the excava-
tion is to be made.
(e) Excavations for other than construction purposes.
Excavations made for the purpose of removing soil, earth, sand, gravel,
rock, or other materials shall be performed in such a manner as will prevent
injury to neighboring properties or to the streets which adjoin the lot where
such materials are excavated and to safeguard the general public health and
welfare.
(f) No excavation may take place unless all permits required by law are
obtained.
i
{
Section 23. Family Swimming Pools
(a) Definitions
For the purpose of this local law, the terms used herein are described
as follows:
SWIMPIING POOL --- Any private pool, whether permanently constructed or
of the portable Cype, having a depth of more than eighteen (18) inches below
the level of the surrounding land, or an above-surface pool, having a depth
of more than two (2) feet or an area of one hundred fifteen (115) square feet
or greater, designed, used, and maintained for swimming or bathing purposes
by an individual for use of members of his household and guests, whether
located indoors or on the applicant's land as an accessory use to a residence,
and shall include all buildings, structures, equipment, and appurtenances
thereto.
14ADING POOL -- A portable or permanent pool, container, device, or struc-
ture manufactured and sold as a wading pool or play pool, or so placed upon
the ground that when filled with water, it is suitable for or is used as a
swimming, wading, or play pool for children and the depth of which is two
(2) feet or less.
(b) Conditions for accessory use.
(1) A swimming pool may be permitted in any zoning district only
as an accessory structure to a principal building used for residential pur-
poses and shall he located on the same lot with the principal building. said
pool shall be for the exclusive use of the occupants of the principal build-
ing and their guests. _
(2) A swimming pool may be permitted in any zoning district when
said use is not an accessory structure to a principal building used for resi-
dential purposes only upon application to Zoning Board of Appeals in accord
with this ordinance.
(c) Building Permits.
No person shall construct, build, erect, or enlarge a swimming pool until
he shall have first obtained a permit therefor.
(d) Application for permit.
Each application for a building permit to construct, build, erect, alter,
or enlarge a swimming pool shall be accompanied by plans in sufficient detail
i
to show:
(1) Topographical survey of the property on which the pool is to be
placed, showing location of pool in relation to all property lines mid Wier
buildings and appurtenances on the lot.
(2) Pool dimensions, depth, volume in gallons: cross sections.
(3) Waste disposal system.
(4) Pool equipment showing details of filters, pump, chlorinator
strainers, hair and lint interceptors.
(5) Drains and drainage from pool structure to a sanitary sewer.
(6) Location of fence and screening around pool.
(7) Estimate of .cost of said pool.
(e) Requirements for issuance of permit.
No permit shall be issued under the provisions of this local law unless
the proposed swimming pool or the alterations to an existing swimming pool
shall comply with the following requirements:
( (1) Location. The edge of any swimming pool, deck, or walk shall
not be constructed, installed, located, maintained, or operated within:
a. Fifteen (15) feet of any side yard lot line, accessory
structure, principal structure, or accessory structure attached thereto.
b. Twenty (20) feet of any rear lot line.
c. The required front or side yards of any residential property.
d. Twenty-five (25) feet of a septic tank or leaching field.
(2) Construction. All materials used in the construction of any
swimming pool shall be of durable quality, as determined by the Building In-
spector, and waterproof, and so designed as to facilitate emptying and clean-
ing the bottom and sides of the pool. Pool sides shall be smooth and free
from cracks and open joints and be light in color. ]Inlets shall be so located
and spaced as to insure satisfactory dispersion of inflowing waters throughout
the pool and to permit the draining,- cleaning, and disinfection of the bottom
and sides. Sand, earth, or wooden bottoms are prohibited. They shall,be so
constructed that the area adjacent thereto shall pitch away from the pool,and
the top of the pool coping shall be at least two (2) inches above the surface
of the area surrounding the pool deck.
� Z4 -
(3) slater supply. There shall be no cross connections between the
piping system of a swimming pool and potable water system, If water is sup-
plied from a potable water system, the inlet or fill pipe shall be located
at least six (6) inches above the overflow level of such pool.
(4) Drainage. There shall be provided at least one (1) metal-
grated outlet for the drainage of pool water through the use of the filter
Pump or otherwise and for backwash water disposal. Such outlet shall have
an area of openings at least four (4) times the cross-sectional. area of the
required drainpipe, and the drainpipe shall. he equipped with a gate valve
located outside the walls of the pool. The drain outlet and drain piping
therefrom shall be of such size as to permit the pool to be completely drained
in a period. of twelve (12) hours for private family-use pools, and of four (4)
hours for other pools, but shall be not less than three (3) inches in size.
(5) Enclosure. Every swimming pool having a depth of eighteen (18)
inches below the level of the land surrounding the pool, or, in the case of
above-surface pools, having a depth of more than two (2) feet or an area of
one hundred fifteen (115) square feet or greater shall., within sixty (60)
days from the enactment of this ordinance, be completely surrounded by a
fence ar wall of substantial construction, as determined by the Building In-
spector, not less than four (4) feet and not more than six (6) feet in height.
Such portion of fencing over four (4) feet in height must be located within
twQnty-five (25) feet from said pool and not extend into any side or front
yard. The fence shall be. so constructed as not to have openings, holes, or
gaps larger than two (2) inches in any dimension. A dwelling or accessory
building may be used as part of such enclosure. All gates or doors opening
through such enclosure shall be equipped with a self-closing and self-latching
device, for keeping the gate or door securely closed at all times. All gates
shall be at the same height as the fence. An aboveground pool with no part
of its side-wall height less than four (4) feet above ground and so constructed
by the manufacturer that the vertical sides are smooth, sheer, and do not pro-
vide any means for intermediate foot- or hand-holds shall be exempt from the
full provisions of the above fence requirements. However, a full height fence
with self-closing, self-locking gate capable of being locked with its latch
located only on the inside of the gate shall enclose the ladder area not less
than four (4) feet in width and four (4) feet in depth, and the ladder shall
remain permanently therein. Aboveground pools provided with foot- or hand-
holds (draw-handed) and aboveground pools less than four (4) feet side-wall
- 25 -
height above ground are not exempt from the full fencing requirements.
(6) Screening. Screening as is deemed necessary by the Building
t Inspector may be required by him.
(7) Lighting And wising. Lights used to illuminate any swimming
pool shall be so arranged and shielded as to reflect light away from adjoin-
ing premises. Electrical fixtures, wiring, and installation therefor used
in connection with the swimming pool shall conform to the National board of
Tire Underwriters for Electrical Wiring and Apparatus. All wiring for such
installation shall be underground.
(8) Disposition of waste water. - All waste water shall be discharged
into a public storm drain, sanitary sewer, or drainage ditch, brook, or stream.
Where waste water, cannot be disposed of because of the lack of the above
mentioned facilities, it shall be disposed of by means of a dry well or series
of wells, provided that such waste water, will not overflow in any instance
onto abutting property or flood existing leaching fields of a septic tank system.
(9) Filtering, sterilizing, and auxiliary equipment. Filtering, steri-
lizing, and auxiliary equipment shall be adequate to maintain the sanitary
quality of pool water during each period the pool is in use. Equipment con-
taining gases or disinfectants capable of giving off irritating, toxic, or
flammable fumes shall be located in ventilated rooms or structures. All rooms
or structures shall be well lighted and equipped with safeguards in case of
chlorine leaks. All equipment shall be so constructed or doused so that it
may be used without causing any noise or disturbance to persons residing adja-
cent to or near the pool.
(10) Diving boards. No diving board or platform shall be used or
installed in connection with any swimming pool having a depth of less than
eight (8) feet. In swimming pools of eight (8) feet to eleven (11) feet in
depth, diving boards may be installed for use in the deep area, provided that
they are not more than three (3) feet above water level. In pools over eleven
(11) feet in depth, standard diving towers may be installed for use in the
deep area.
(f) Abandoned swimming pools.
If any swimming pool shall be abandoned or permanently discontinued, it
shall be filled in, regraded or dismantled, and removed from property. All
required enclosure fencing over four (4) feet in height shall be altered or
- 26 -
taken down to comply with this code.
(g) Inspection
After a permit has been issued under the provisions of this ordinance,
{
all work thereunder shall be subject to inspection by the Building Inspector
at all times until completion to ascertain that all provisions of this ordi-
nance and all. provisions of the application are being complied with. The
Inspector shall have the authority to stop any part of the work being done
under any permit which is not issued in conformity with the application of the
permit or with the provisions of this ordinance.
(h) Wading pool requirements.
No person shall leave a wading pool uncovered and unattended in such a
location or in such a manner as to create a hazard to children living in the
neighborhood. No wading pool shall be located in the required'frout or side
yards on any property.
Section 24. Outdoor Illumination
(a) Parking lots.
Parkin; lots, including those used as accessory 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.
Lights shall be provided with reflectors arranged so that the illumination is
directed downward and away from adjacent buildings at 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 com-
fort of adjacent residents, the traffic lights and signals on streets or
highways adjacent to the parking lots, or impair the ability of persons driv-
ing vehicles on such bighways to safely operate such vehicles.
(b) Sales lots.
Every light used for the illumination of a lot used for the sale or dis-
play of motor vehicles or the sale of other merchandise, if permitted by the
Zoning Ordinance, 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 may extend so as to entirely cover the bblb.
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 imme-
27 -
diately-abutting the premises may be illuminated by lights on the premises.
Shaded spotlighting shall be so arranged that the lighting is projected in a
dotnward direction. All lights or lighting standards or fixtures shall be
entirely within the lot lines of the premises.
(c) Signs.
All signs used on or in connection with parking lots, lots used for the
sale of motor vehicles and other goods, and automobile--washing establishments
shall comply with the provisions of the Building Code and Zoning Ordinance
with respect to signs.
(d) Certificates of Inspection.
It shall be the duty o€ the Building Inspector to make an annual inspec-
tion of alI parking lots and motor vehicle sales lots in the Town of Mama--
roneck outside of the villages to which this local law applies, and to issue
a certificate of inspection to the owner of each such parking lot and motor
vehicle sales lot so inspected, provided that it meets with standards estab-
lished in this local law, such certificate shall be authorization for the
continued operation of such parking lot and motor vehicle sales lot. Failure
to possess a proper certificate of inspection shall be considered to be a vio-
lation of this local law. The fees to be charged by the Building, Inspector
I
for this issuance of the certificate under this local. law shall be as set
forth in the fee schedule.
(e) Temporary relief permits.
Whenever it has been adequately demonstrated to the Building Inspector
that compliance with the terms of this local law 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 equip-
ment, but only in the event that the owner has taken all necessary steps to
secure compliance with this local law, 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 vio-
lation of the provisions of this local law.
Section 25. penalties for Offenses
Except as otherwise provided in Section 15, any person violating any of
the provisions of this local law, as the same may be from time to time amended,
for which no other penalty is provided, shall be guilty of a misdemeanor
28 -
punishable by imprisonment for not more than one (1) year or by a fine of not
more than Five Hundred ($500.) Dollars, or both. Any abatement hereinbefore
provided for shall be in addition to any penalties pr.escribed in this section.
�Section 26. A eals
Any person, firm, or corporation aggrieved by any order, ruling, direc-
tion, or determination of the Building Inspector, or upon any failure of the
Building Inspector to approve within sixty (60) days after a completed appli-
cation for permission for the construction of a building or structure pur-
suant to the provisions of the State Building Code or plans and specifications
submitted with any such application, may apply to the State Building Construc--
Lion Board of Review thereof,' pursuant to the provisions of the Executive Law
and the rules and regulations adopted hereafter by such Board of Review or
the State Building Code Council. An application shall not be considered a
completed application until all necessary forms, documents, and fees have been
submitted to the Building Inspector and after the application has been sub-
mitted for review to the Zoning Board, Planning Board, Architectural Review
Board, or any other board or commission which the laws and ordinances of the
Town of Mamaroneck require to review said application prior to the issuance
E. of a building permit.
Section 27. Partial Invalidity
If any term, part, provision, section, subdivision, or paragraph of this
law shall be held unconstitutional, invalid, or ineffective in whole or in
part, such determination shall not be deemed to invalidate the remaining
terms, parts, provisions, sections, subdivisions, and paragraphs thereof.
Section 28. Repeal
This local law repeals Article 14 of the Codes of the Town of Mamaroneck
Building Code and all previous amendments thereto.
Section 29. Date of Effect
This local law shall take effect immediately upon enactment, publication,
and posting as required by law.
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