Town of Mamaroneck, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Mamaroneck 3-7-1994 by L.L. No. 2-1994.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Electrical standards — See Ch. 90.
Fire prevention and building construction — See Ch. 106.
Property maintenance — See Ch. 161.
Subdivision of land — See Ch. 190.
Zoning — See Ch. 240.
[1]
Editor's Note: This local law also repealed former Ch. 175, Signs, adopted as follows: Art. I, 2-27-1985 as part of L.L. No. 3-1985 (Ch. 14, Art. VIII, of 1975 Code); Art. II, 9-22-1988 as L.L. No. 6-1988 (Ch. 14, Art. V, of 1975 Code).

§ 175-1 Parking lots.

Parking lots, including those used as accessories to retail businesses which are to be operated or used after daylight hours, shall be adequately illuminated, and the minimum illumination shall be 1/10 of one watt per square foot of parking area distributed over the entire area, employing a minimum number of poles and fixtures to meet these standards. Lights shall be provided with reflectors arranged so that the illumination is directed downward and away from adjacent buildings and any street or highway which adjoins the parking lot. Shaded floodlights may also be used on the premises, but, where used, such floodlights shall not interfere with the traffic lights and signals on streets or highways adjacent to the parking lots or impair the ability of persons driving vehicles on such highways to safely operate such vehicles.

§ 175-2 Sales lots.

Every light used for the illumination of a lot used for the sale or display of motor vehicles or the sale of other merchandise and car-washing establishments shall be provided with an opaque shade which shall extend downward or in the direction of the axis of the bulb as far as the filament so as to entirely cover the bulb. All lights shall be shielded so that no light will be transmitted directly to adjoining property or to the street, except that the sidewalk area immediately abutting the premises may be illuminated by lights on the premises. Shaded spotlighting shall be arranged as provided in § 175-1.

§ 175-3 Temporary relief permits.

[Amended 10-16-2002 by L.L. No. 10-2002]
Whenever it has been adequately demonstrated to the Director of Building Code Enforcement and Land Use Administration that compliance with the terms of this chapter cannot be effectively and immediately made, the Director of Building Code Enforcement and Land Use Administration shall have the authority to grant a temporary permit for the continued operation of such nonconforming equipment, but only in the event that the owner has taken all necessary steps to secure compliance with this chapter. Such temporary permit shall be issued for no longer a period than three months, at the expiration of which period of time the owner holding such temporary permit shall be deemed to be in violation of the provisions of this chapter.

§ 175-4 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ACCESSORY SIGN
Any sign related to a residence, business or profession conducted or to a commodity or service sold or offered lawfully existing upon the premises where such sign is located.
AWNING SIGN
Any visual message incorporated into an awning.
BAR
The Town of Mamaroneck Board of Architectural Review.
DIRECTOR OF BUILDING CODE ENFORCEMENT AND LAND USE ADMINISTRATION
The Director of Building Code Enforcement and Land Use Administration or such other officer duly authorized to perform the duties of that position.
[Amended 10-16-2002 by L.L. No. 10-2002]
EXTERIOR SOURCE
Any source of artificial light originating from a location outside of a sign.
[Added 4-4-2007 by L.L. No. 5-2007]
FRONT OR FACE OF A BUILDING
The general outer surface of the building abutting or fronting upon any main street or main public highway.
ILLUMINATED SIGN
A. 
Any sign which
(1) 
Is illuminated by artificial light; and
(2) 
Either:
(a) 
Is located outside of a building or structure; or
(b) 
Is located within a building or structure but can be seen from outside that building or structure.
B. 
A sign shall not be considered an illuminated sign within the meaning of Article II of this chapter if it:
(1) 
Is located within a building or structure;
(2) 
Is illuminated by an exterior source; and
(3) 
Can be seen from outside that building or structure if such exterior source is not directed at or designed specifically to illuminate such sign.
[Amended 4-4-2007 by L.L. No. 5-2007]
INTERIOR SIGN
Any sign, except address numbers, that is affixed to or painted on the interior of a window or glass, or any sign located within six 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.
INTERIOR SOURCE
Any source of artificial light originating from within a sign.
[Added 4-4-2007 by L.L. No. 5-2007]
NONACCESSORY SIGNS
Any sign unrelated to a business or profession conducted or to a commodity or service sold or offered upon the premises where such sign is located.
PERSON
One 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.
PYLON SIGN
An integral, nonstructural architectural feature normally at right angles to the wall which may be used for the display of a sign(s).
ROOF SIGN
A sign erected upon or above the roof of a building, but shall not include a pylon or other structure which protrudes above the roof and is an integral part of the building upon which the same is attached.
SHADED LIGHT
Those lights provided with an opaque shade which shall extend downward, or in the direction of the axis of the bulb, beyond the filament so no part of the filament extends beyond the end of the shade opening.
SIGN
Any structure or part thereof or any device attached to a building or painted or represented thereon which shall display or include any letter, word, model, banner, pennant, logo, insignia, device, trade flag, symbol or representation which is in the nature of or is used as an announcement, direction or advertisement for commercial purposes or otherwise. A "sign" includes any message and any billboard, neon tube, string of lights or similar device placed upon, outlining, hung, painted upon or attached to part of a building or lot but does not include the flag or insignia of any nation or group of nations or of any governmental agency or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event except when displayed in connection with a commercial promotion.
STANDING SIGN
A sign not attached to a building commonly referred to as ground, monument or directory sign, but not including pole signs.
TEMPORARY SIGN
A sign which is designated to advertise or announce a particular event or series of events, to solicit political support or to announce the availability for sale of any type of property intended to be available for a limited period of time.
WALL SIGN
A sign which is attached directly to or painted on the building wall and is parallel to the building wall.

§ 175-5 Permit required.

[Amended 10-16-2002 by L.L. No. 10-2002]
After the effective date of this chapter and except as otherwise herein provided, it shall be unlawful and a violation of this chapter for any person to erect, construct, paint, alter, relocate, reconstruct, display or maintain or cause to be erected, constructed, displayed or maintained within the Town of Mamaroneck any sign or signs without first having obtained written permit from the Director of Building Code Enforcement and Land Use Administration for such sign or signs and without having complied with the provisions of this chapter.

§ 175-6 Exemptions from permit requirement.

The following signs do not require a permit:
A. 
Signs of duly constituted governmental bodies, including traffic or similar regulatory devices and legal notices.
B. 
Flags or emblems of political, civic, philanthropic, educational or religious organizations.
C. 
Bulletin boards or signs not over 16 square feet in area for public, charitable or religious institutions, where the signs are located on the premises of said institution.
D. 
Memorial plaques, cornerstones, historical tablets and the like.
E. 
Signs not visible off the lot upon which they are situated.
F. 
Up to two professional nameplates which do not individually exceed one square foot in area.
G. 
Identification signs posted in conjunction with doorbells or mailboxes, not exceeding a total of 30 square inches in surface area.
H. 
Signs required to be maintained or posted by law or governmental order, rule or regulation.
I. 
Address signs. Not more than two address signs shall be permitted for each street frontage. No single permitted address sign shall exceed two square feet in surface area with a total area for all allowable signs not to exceed four square feet and are to be located not less than five feet back from the street line. Address signs shall show only the numerical address designations (in number or script) of the premises upon which they are situated, except that residential address signs may include the name of the family resident therein.
(1) 
The figure or figures comprising the number to be displayed on a building or on a mailbox, lamppost or sign pole hereunder shall be at least three inches in height and shall be placed on the front of said building or on a mailbox, lamppost or sign hereunder in a prominent and conspicuous place and in such manner as to be plainly legible from the center of the street at all times between sunrise and sunset. The color of said figures shall be in sharp contrast to the color of their background; provided, however, that so far as the purpose or intent of this section is concerned, the front of a building shall be construed as that side of the building which faces the street on which the number or numbers shall be displayed on such side of such building or premises.
(2) 
The numbers shall be so placed so that they will not be obstructed by trees, shrubbery, porches or other extensions of the building.
(3) 
Wherever practicable, said number shall be placed near some light or source of illumination so that it may be readily seen at night.
(4) 
Where the building upon which the number is to be displayed is more than 50 feet from the edge of the right-of-way (whether improved or not) of the street or road serving the building, the number shall be displayed on a mailbox, lamppost or sign readily visible from the road or street and in no event further back than 15 feet from said road or street right-of-way.
(5) 
The display of any house number other than the number assigned by the post office is expressly prohibited.
J. 
Cautionary signs which are less than 36 square inches in size, such as but not limited to "danger," "no trespassing," "alarm," etc. No more than one sign shall be placed at the front of the house, and no more than one sign should be placed upon any wall, with a maximum of six signs allowed.
K. 
Private traffic signs, including directional, regulatory, warning or informational signs of a noncommercial nature which are in the public interest, such as but not limited to "exit," "entrance," "parking," "one-way," etc. Each such sign shall not exceed three square feet in area.
L. 
Signs giving the name of the person making alterations or repairs to the premises upon which such sign is erected, but only during the period of such repairs, shall be not more than six square feet in area and limited to one 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 Chapter 240, Zoning. No permit is required.
M. 
Signs on premises during the period of new construction giving the name of the architect, contractor or builder shall be not more than six square feet in area and limited to a maximum of two 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 Chapter 240, Zoning.
N. 
Block parties conducted pursuant to a permit issued by the Town Clerk may have two signs up to six square feet in area displayed for no longer than the day of the event and 48 hours prior thereto. No other block party signs are permitted.
O. 
The number of the permit issued by the Building Department must be displayed on all signs in letter of one inch in height at the bottom right-hand corner of the sign.

§ 175-7 Restrictions in all districts.

Sign prohibitions and restrictions. The following prohibitions and general restrictions shall apply in all building zones:
A. 
Only accessory signs shall be permitted.
B. 
Billboards shall be prohibited.
C. 
Roof signs shall be prohibited.
D. 
No sign or part thereof shall consist of pennants, ribbons, streamers, balloons, spinners or other similar moving, fluttering or revolving devices, except as part of limited special events, grand openings and holiday season promotions as approved by the Town Board. No such special event shall exceed a period of 15 days and shall not be repeated for at least a one-hundred-twenty-day interval thereafter.
E. 
No sign shall project above the parapet of a building.
F. 
No sign shall be erected in such a manner as to obstruct free and clear vision for drivers nor at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device by making use of the word "stop," "look," "danger" or any other word, phrase, symbol or character or red, green or amber illumination or reflection in such a manner as to interfere with, mislead or confuse traffic.
G. 
No portable or temporary sign shall be placed on the front face of any building or otherwise upon any property, improved or unimproved, or public ways adjacent thereto except as provided in § 175-13 herein.
H. 
Signs painted directly upon the surface material of a building or other structure are prohibited.
I. 
Any permanent sign placed on a building or upon any property containing flags, banners and/or any material which moves in any way through operation of the wind and/or any mechanical device is found by this chapter to be objectionable and as a general practice to be not in character with the community. However, it is recognized that on rare occasions a flag, banner or other material which can be movable by operation of the wind may be in character with a particular architectural design. Therefore, the Board of Architectural Review is empowered to grant special permits for signs of such description, provided that there is a specific finding by the Board of Architectural Review that the sign is for new construction and that the particular sign is an integral aspect of the architectural design of the new construction which enhances such new construction and is in character with the general surrounding community. Upon such findings, the Board of Architectural Review may grant a special permit which shall be renewable every two years. Upon application for renewal, the Board of Architectural Review shall ascertain that the sign in question has been well maintained and that it continues to be an integral part of the architectural design of the property and is in character with the surrounding community. This section shall not include signs containing flags, banners, etc., for special events as set forth in § 175-7D.[1]
[1]
Editor's Note: Former Subsection J, regarding illuminated signs, which immediately followed this subsection, was repealed 4-4-2007 by L.L. No. 5-2007. See now § 175-12.

§ 175-8 Application for permit.

A. 
Any person desiring to procure a permit for a sign or signs shall file with the Director of Building Code Enforcement and Land Use Administration of the Town of Mamaroneck a completely filled-out sign application along with product and color samples of all finishes and sign elements; four-by-six-inch color photographs of the site and adjacent parcels within 50 feet of the building and eight copies of the following, which shall contain:
[Amended 10-16-2002 by L.L. No. 10-2002]
(1) 
A scale drawing showing the lettering and pictorial matter composing the sign, a description of the construction details of the sign structure and the intensity and type of lighting to be provided in accordance with § 175-12.
(2) 
A location plan showing the position of the sign on the building or premises.
(3) 
Such other information as the Director of Building Code Enforcement and Land Use Administration may require to show compliance with the provisions of this chapter.
B. 
The Board of Architectural Review 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. Groups of related signs should express uniformity and create a sense of harmonious appearance.
(6) 
The use of sharply contrasting colors may be prohibited if inconsistent with the character of the sign and its surroundings. Signs on the same building should be similar in color, size, shape and location.
(7) 
Illumination should be appropriate to the character of the sign and surroundings.
C. 
An application for a sign permit must be accompanied by the filing fee set forth in § A250-1.
[Amended 8-17-2011 by L.L. No. 8-2011]
D. 
Any person aggrieved by a decision of the Director of Building Code Enforcement and Land Use Administration or the BAR relative to the provisions of this chapter may appeal such decision, in writing, to the Zoning Board of Appeals as provided in § 175-15.
[Amended 10-16-2002 by L.L. No. 10-2002]

§ 175-9 Unsafe and nonconforming signs.

A. 
Whenever it shall appear to the Director of Building Code Enforcement and Land Use Administration that any sign has been constructed or erected or is being maintained in violation of any of the terms of this chapter or is unsafe and insecure or is in such condition as to be a menace to the safety of the public, he shall thereupon issue or cause to be issued a notice, in writing, to the owner, if the whereabouts of such owner is known, informing such person of the violation of this chapter or the dangerous condition of such sign and directing him to make such alteration or repair thereto or to do such things or acts as are necessary or advisable to place such structure in a safe, substantial and secure condition and to make the same comply with the requirements of this chapter within such reasonable time as shall be stated in such notice. Upon failure to comply with such notice within the time specified, the Director of Building Code Enforcement and Land Use Administration may cause such sign or such part thereof as is constructed or maintained in violation of this chapter to be removed and may charge the expense of such removal to the person so notified; provided, however, that nothing herein contained shall prevent the Director of Building Code Enforcement and Land Use Administration 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.
[Amended 10-16-2002 by L.L. No. 10-2002]
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 to this chapter.
D. 
Signs existing as of the effective date of this chapter which do not conform to the provisions hereof shall be permitted to remain for the duration of their useful life, but in no event longer than two years, and shall not be replaced.

§ 175-10 Residential Districts.

A. 
In Residential Districts, as established by Chapter 240, Zoning, of the Code 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 square feet in area and limited to one 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 Chapter 240, Zoning.
(2) 
Signs advertising the sale of lots in a subdivision approved by the Planning Board of the Town of Mamaroneck consisting of two or more lots shall be not more than six feet wide or four feet high and mounted as a standing sign such that the top shall not be higher than 10 feet above the ground upon which it is situated. Such signs shall be limited to one sign for each street on which the subdivision has frontage and located within the subdivision and not less than the applicable minimum yard setback dimensions for structures as set forth in Chapter 240, Zoning.
B. 
The signs listed in this section must be located on the premises to which they pertain.

§ 175-11 Business and Light Industry Districts.

In Business, Service Business, Mixed-Use Business, Urban Renewal and Light Industry Districts, as established by Chapter 240, Zoning, of the Code of the Town of Mamaroneck, no sign shall be erected or maintained except the following signs and unless such signs comply with the following provisions, but any sign permitted in a Residential District shall be permitted in Business and Light Industry Districts:
A. 
A wall sign which shall not extend more than 12 inches from such exterior building wall or face.
B. 
The maximum vertical dimension or height of such sign as permitted in § 175-11A above shall be 32 inches, except that the maximum height of lettering or pictorial matter shall not exceed 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 32 inches in height. The maximum horizontal dimension or length of such sign shall not exceed the length of the street frontage of the business establishment upon which such sign is erected or maintained, but no sign shall exceed 50 feet in length on any street frontage for the same business. In no case, however, regardless of the size of lettering or frontage of the property, may a sign exceed 100 square feet. The lower edge of such sign shall not be located above the level of the floor of the second story of the building upon which the sign is placed or maintained, and no such sign shall extend beyond the top or ends of the building surface upon which it is placed or otherwise attached. More than one sign for each business establishment is permitted, provided that the combined signs do not exceed the maximum limitations for a single sign for each frontage. No sign shall be erected on any side wall of a building.
C. 
One two-sided standing sign of an overall outline area of not more than 30 square feet per sign face which may refer to any single business enterprise whose building or part thereof is 75 feet or longer, measured parallel to the street. For a plot having over 150 feet in frontage, a maximum of two standing signs will be allowed. A standing sign shall be oriented to generally face the street to which it is adjacent, and all parts thereof shall be back from the street lines. No part of any directory or monument sign shall be more than six feet above the ground, subject to the provisions of Chapter 240, Zoning, relating to visibility at intersections. Said sign shall not use guy wires for support. Pole signs existing as of the effective date of this chapter may remain in place so long as the current occupant continues to occupy the premises to which the sign is related, and such sign may continue as long as it is kept in good repair as a legal nonconforming sign. However, any alterations to the premises requiring a building permit, even in the case of existing occupant, shall automatically require the removal of any existing nonconforming pole signs relating to such occupancy. In no event shall a nonconforming pole sign be allowed longer than four years.
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 § 175-11C 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 Chapter 240, Zoning. Pylon signs existing as of the effective date of this chapter may remain in place so long as the current occupant continues to occupy the premises to which the sign is related, and such sign may continue as long as it is kept in good repair as a legal nonconforming sign. However, any alterations to the premises requiring a building permit, even in the case of existing occupant, shall automatically require the removal of any existing nonconforming pylon signs relating to such occupancy. In no event shall a nonconforming pylon sign be allowed longer than four years.
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% of the window area or eight square feet, whichever is smaller.
(2) 
One permanent sign indicating the hours of the establishment not greater than one 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.
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 32 square feet in size and located on the building as provided for in § 175-11A and B of this section or, if standing, not less than 25 feet back from the street line and height not to exceed 10 feet.
G. 
No sign permitted in § 175-11A through F, 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, nameplates of uniform design and appearance at the entrance of each such building and not more than a total of three square feet and 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 chapter may bear either the name of the proprietor of the business conducted, the business phone number, the nature of the business, the goods sold or the services rendered on the premises, or any or all of them.
J. 
Signs that otherwise comply with the appropriate sections of this chapter may be attached flat and parallel upon the wall of the building and permitted to extend over a public sidewalk, alleyway, highway or street, provided that such sign shall not project more than 12 inches from the face of the building, and, if externally illuminated, then shields, hoods or arms for such illumination shall not project more than two 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 10 days after written notification from the Director of Building Code Enforcement and Land Use Administration, and, upon failure to comply with such notice within the time specified in such order, the Director of Building Code Enforcement and Land Use Administration 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.
[Amended 10-16-2002 by L.L. No. 10-2002]
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 inches in height, but, if over three inches in height, shall be debited against the permitted wall sign surface area.
M. 
The Board of Architectural Review may allow a directory sign for a shopping center with an area of no more than eight square feet per tenant with the center or anchor store(s) area not to exceed 20 square feet. In no event shall the directory sign exceed 14 feet in height. The shopping center shall be identified by its own name(s). The type of lettering and the colors must be the same for the directory sign. The size of all the tenant signage must be the same, and the use of logos or company emblems on the directory shall not be allowed.

§ 175-12 Illuminated signs.

[Amended 9-21-2005 by L.L. No. 16-2005; 4-24-2006 by L.L. No. 6-2006; 6-21-2006 by L.L. No. 12-2006; 9-6-2006 by L.L. No. 14-2006; 11-15-2006 by L.L. No. 16-2006; 2-27-2007 by L.L. No. 1-2007; 4-4-2007 by L.L. No. 5-2007]
A. 
Illuminated signs shall not be permitted in any residential district.
B. 
Illuminated signs within a building or structure.
(1) 
Illuminated signs located within a building or structure may be lit by either an exterior or an interior source but must be situated at least five feet away from every window and glass door of that building or structure. In addition to freestanding signs, this subsection applies to machines that dispense products for sale and to display cases, racks and refrigerators that contain products for sale if illuminated signs are inextricably part of such machines, cases, racks or refrigerators.
(2) 
This subsection shall not apply to signs, such as exit signs, that by law are required (i) to be within a building or structure and (ii) to be illuminated. Such signs, if lit by an interior source, may be situated anywhere within a building or structure except in such places where laws, other than this section, prohibit them from being situated.
C. 
Illuminated signs located outside of a building or structure shall not be lit by an interior source.
D. 
Illuminated signs and their exterior sources shall be situated so that the light emitted by such sign or its exterior source does not obscure a traffic signal from the vision of an operator of a motor vehicle driving toward such signal.
E. 
Illuminated signs shall not flash, have lights that glow on and off whether randomly or in a sequence or pattern, contain words or numbers that stream across the sign, contain pictorial displays, be animated, swing, revolve or otherwise move. This subsection shall not apply (i) to calendars, clocks or thermometers or (ii) to illuminated signs located within a building or structure.
F. 
An illuminated sign shall not be lit after 11:00 p.m. (prevailing time) unless such sign advertises a business which, by law, is allowed to receive patrons after 11:00 p.m. (prevailing time) and such business is open to patrons after11:00 p.m. (prevailing time). All illuminated signs for such business shall be extinguished when the business closes.
G. 
Illuminated signs shall only contain words and numbers which:
(1) 
Spell or set forth the name of the business for which such sign advertises;
(2) 
Spell or set forth the street address of the business for which such sign advertises;
(3) 
Spell or set forth the hours of operation of the business for which such sign advertises; or
(4) 
Show the date, time and/or outdoor temperature.
H. 
The light emitted by an exterior source for an illuminated sign shall:
(1) 
Be directed toward the sign;
(2) 
Be oriented so that it is not emitted directly onto an adjoining property, the sidewalk or the street;
(3) 
Be enveloped by an opaque shade for such length as is necessary so that, except for the opening through which the light shines, the source of the illumination is entirely covered; and
(4) 
Have a maximum nighttime illumination level of 20 footcandles when measured at a distance of 25 feet at right angles from the face of the sign.
I. 
The type, capacity, quality and installation of the wiring or other equipment used to light an illuminated sign shall comply with all applicable codes, laws, ordinances and regulations.
J. 
Any illuminated sign existing upon the effective date of this section that does not comply with this section shall be permitted to remain in its current location until the earlier of its removal by the owner of the sign or March 31, 2009. Thereafter, such sign shall be removed and not replaced. While standing, such sign may not be enlarged or substantially altered.
K. 
Subsections A, E, F and G of this section shall not apply to illuminated signs that honor or commemorate a religious event, holiday or season.
L. 
This section shall not apply to illuminated signs that are erected to alert the public of an emergency.
M. 
This section shall not apply to public utility companies, the United States of America, the State of New York, the County of Westchester, the Town of Mamaroneck, the Mamaroneck Union Free School District, the Villages of Larchmont, Mamaroneck or Scarsdale or any independent contractors engaged by any of them.

§ 175-13 Temporary signs.

The erection, installation or maintenance of temporary signs, as defined in § 175-4, is hereby prohibited, except that the Building Department may grant special permission for the maintenance of the following signs:
A. 
A temporary sign not exceeding 16 square feet in area which is erected by a municipal, charitable or nonprofit organization is permitted for a period not to exceed 30 days. A temporary sign not exceeding 16 square feet in area which is erected in a business zone by a political organization is permitted for a period not to exceed 30 days.
B. 
The name and address of the sponsor and person responsible for removal are to be identified.
C. 
Temporary interior signs announcing special sales or events shall be permitted in a business district. Such signs shall cover not more than 25% of the window area to which they are affixed and shall be removed within 15 days.

§ 175-14 Safety.

A. 
No signs shall be erected in such a manner as to obstruct free egress from any window, door or fire escape or so as to become a menace to life, health or property.
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 Chapter 106, Fire Prevention and Building Construction, of the Code of the Town of Mamaroneck relating to electrical control.

§ 175-15 Variances.

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 chapter 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 Chapter 240, Zoning, of the Code of the Town of Mamaroneck.
B. 
Upon the issuance of a building permit, the Zoning Board may permit standing signs to be erected and maintained upon vacant property or open unoccupied areas for a period of no more than one year, announcing the proposed construction and/or use of the property; 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 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 Chapter 106, Fire Prevention and Building Construction, of the Code of the Town of Mamaroneck and shall be deemed in addition thereto.

§ 175-16 Penalties for offenses.

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 chapter shall be subject to prosecution therefor in the Town Court and, upon conviction, shall be liable to a fine not to exceed $250 or imprisonment for a period not to exceed five days, or both. Each week's continued violation shall constitute a separate violation.

§ 175-17 Fees.

[Added 8-17-2011 by L.L. No. 8-2011]
The fee for a service provided or an application made pursuant to this chapter is as set forth in § A250-1.