[HISTORY: Adopted by the Board of Trustees of the Village of Mamaroneck 9-13-1999 by L.L. No. 11-1999, effective 9-20-1999. (This local law repealed former Ch. 286, Signs, adopted 11-8-1982 by L.L. No. 14-1982, effective 11-15-1982, as amended.) Amendments noted where applicable.]
A.
The purpose of this chapter is to promote and protect
the public health, welfare and safety by regulating existing and proposed
outdoor advertising signs and outdoor signs of all types. It is intended to
protect property values, create a more attractive economic and business climate,
enhance and protect the physical appearance of the community, preserve the
scenic and natural beauty and provide a more enjoyable and pleasing community.
It is further intended hereby to reduce sign or advertising distractions and
obstructions that may contribute to traffic accidents, reduce hazards that
may be caused by signs overhanging or projecting over public rights-of-way,
provide more visual open space and curb the deterioration of the community's
appearance and attractiveness.
B.
This chapter is intended to promote attractive signs
which clearly present the visual message in a manner that is compatible with
their surroundings. The appearance, character and quality of a community are
affected by the location, size, construction and graphic design of its signs.
Therefore, such signs should convey their messages clearly and simply to enhance
their surroundings.
C.
The commercial districts of the Village of Mamaroneck
are comprised of a wide variety of buildings from different time periods and
an eclectic mix of historical styles. For this reason, the intent of this
chapter is to encourage and promote signage that is not homogeneous in style,
but rather enhances this unique aspect of the character of the village. Therefore,
signs should be designed in a manner appropriate to the character and style
of a building or group of buildings in which they are installed.
As used in this chapter, the following terms shall have the meanings
indicated:
Any permanent business sign on the second street frontage or on the
side or rear of a building.
Any visual message incorporated into an awning attached to a building.
The duly constituted Board of the Village of Mamaroneck comprised of five members and further identified under Chapter 6, Architectural Review, Board of, of this Code and whose rights, duties and powers are therein enunciated.
Any visual message incorporated into a canopy attached to a building.
A sign limited to providing information as to the location of a business,
activity or event.
Any permanent business sign attached to the facade of a building
that is the primary identifying sign for the business. Facade signs are limited
to the name and nature of the business only. Any other on-premises sign authorized
by this chapter shall be allowed to contain noncommercial copy in lieu of
other copy.
Any sign not attached to, or part of, any building but separate and
permanently affixed by any other means, in or upon the ground. Freestanding
signs include pole signs and pylon signs constructed of wood, masonry materials
or any other material.
Any sign illuminated by electricity, gas or other artificial light,
either from the interior or exterior of the sign, and which includes reflective
and phosphorescent light.
An exterior sign, whether on its own trailer, wheels or otherwise,
designed to be movable and not structurally or permanently attached to the
ground, a building, a structure or another sign.
A sign which is attached to a building, wall or structure and which
extends horizontally not more than 18 inches from the plane of such wall or
structure or a sign which is perpendicular to the face of such wall or structure.
Enclosure for electrical wiring and components of an illuminated
sign.
Any material, structure or device, or part thereof, composed of lettering
or pictorial matter, which is located out of doors, or on the exterior of
any building or structure, or indoors as a window sign, displaying an advertisement,
announcement, notice or name, and shall include, but not be limited to, any
declaration, demonstration, display, representation, illustration or insignia
used to advertise or promote the interest of any person, business, organization
or cause when such is placed in view of the general public. This definition
is not intended to include statues, outdoor ornaments, fountains and other
similar types of objects.
The entire area of a sign within a single, continuous perimeter enclosing
the extreme limits of the actual sign surface.
For a sign consisting of individual letters or symbols attached to or
painted on a surface, building or window, the aggregate area shall be considered
to be that of the smallest rectangle or another shape which encompasses all
of the elements which form the integral parts of the sign; letters, borders,
symbols, etc.
The supports, uprights, bracing, framing, mountings and framework
for a sign. In the case of a sign structure consisting of two or more sides
in which the angle formed between any two sides or the projections thereof
exceeds 30°, each side will be considered a separate sign structure.
A sign which relates to a single activity or event having a duration
of 30 days or less.
A sign which is painted on, incorporated into or affixed parallel
to the wall of the building.
A sign visible from a sidewalk, street or other public place, painted
or affixed on glass or other window material, or located within three feet
from the glass, and displayed in such a manner to be viewed from outside the
establishment. This does not include graphics or artwork in connection with
customary window display of goods or products.
Except as otherwise provided in this chapter, no person shall erect,
alter or relocate any sign without first obtaining a permit from the Building
Inspector. Subsequent to this initial application, no permit shall be required
for the general repair or maintenance of any permitted sign.
Applications shall be made, in writing, to the Building Inspector on
forms obtained from the Building Department and shall contain the following
information:
A.
The name, address and telephone number of the applicant.
B.
Written consent of the owner of the building, structure
or property to which or on which the sign is to be erected, in the event that
the applicant is not the owner thereof.
C.
The location of the building, structure and/or property
upon which the sign now exists or is to be erected.
D.
A detailed plan, drawn to scale, as well as a description
of the sign, sign structure and placement, which should include the following:
(1)
Its location on the premises, specifically its position
in relation to existing buildings, structures, property lines, roadways, driveways,
parking lots and any other existing or proposed signage, and indicating such
distances.
(2)
The method of illumination, if any, and the position
of lighting or other extraneous devices.
(3)
Graphic design, including symbols, letters, materials
and colors.
(4)
The visual message, copy, text or content of the sign.
(5)
Color photographs showing the building facade in its
entirety and adjoining buildings/property.
(6)
sample of materials and colors to be used in sign construction.
A.
All signs in the Village of Mamaroneck, other than those mentioned in § 286-7, shall require a sign permit.
B.
Upon the filing of a completed application for a sign permit and the payment of the application fee, as set forth in Chapter A347, Fees, the Building Inspector shall examine the plans, specifications and other data submitted and the premises on which the sign is to be erected or now exists. If it shall appear that the sign is in compliance with the requirements of this chapter, the Building Inspector shall present the sign application to the Board of Architectural Review for its approval prior to issuance of a permit.
C.
The Board of Architectural Review shall review the sign
application as to design, colors, illumination, location, size and appropriateness
of the sign to its surroundings. The Board of Architectural Review may approve,
approve with modifications (such as size) or deny an application. The modifications
to an application may, in the discretion of the Board of Architectural Review,
be below the limits established in this chapter.
D.
Upon approval by the Board of Architectural Review, and payment of sign permit fee, as set forth in Chapter A347, Fees, and upon the delivery to the Building Inspector of a performance bond or other surety in the sum of $250, the Building Inspector shall, within 30 days, issue a permit for the erection of the proposed signage. The issuance of this permit shall not excuse the applicant from conforming to any other laws, rules or regulations.
E.
Upon inspection of a completed and installed sign by
the Building Inspector, and upon his approval that such sign complies with
all the terms of sign permit approval, the performance bond or other surety
will be released to the applicant. Said bond or surety shall also be refunded
to the applicant upon expiration of the permit, voluntary relinquishment by
the applicant prior to installation of the approved sign or removal of the
noncomplying sign.
F.
If the erection of the sign authorized under any such
permit has not commenced within six months from the date of issuance, and
unless such permit shall be renewed within 30 days prior to the expiration
of said six-month period, the permit shall become null and void. Any such
permit may be renewed as stated above, for good cause shown, for an additional
period of six months upon payment of 1/2 of the original permit fee and the
extension of any performance bond presented in connection therewith.
G.
A sign permit is also required:
(1)
For changes to the design, copy, structure, size or supporting
structure of an existing sign that is no longer consistent with the original
application.
(2)
If the name of the business or type of business is no
longer consistent with the original application.
(3)
If the business has moved to another location within
the Village of Mamaroneck and wishes to install the same, a similar or a new
sign.
A.
Any person aggrieved by the granting or denial of an application for a sign permit may take an appeal therefrom to the Board of Appeals, pursuant to the provisions set forth in Chapter 342, Zoning, of this Code.
B.
In the event that the Board of Appeals varies or modifies
any regulation contained herein pertaining to size, location, color, etc.,
the application shall be referred to the Board of Architectural Review for
aesthetics review prior to the issuance of any sign permit under this chapter.
C.
The Board of Architectural Review can vary the requirements
of this chapter pertaining to freestanding and pylon signs where physical
conditions create a hardship.
The following types of signs may be erected and maintained without a
permit or fee, provided that such signs comply with the requirements of this
chapter and any other laws, rules or regulations imposed by the Village of
Mamaroneck or other governing body:
A.
Historical markers, tablets and statues, memorial signs
and plaques; names and dates of buildings; and nonadvertising, on-premises
signs installed by religious or nonprofit organizations, having a sign area
not exceeding six square feet.
B.
Signs, notices or emblems installed by governmental bodies.
C.
Flags or insignias of any government, except when displayed
in connection with commercial promotion.
D.
Nonadvertising directional signs for the convenience
of the general public, identifying public parking areas, fire zones, entrances
and exits and similar signs, such as hours of operation, not exceeding two
square feet per face.
E.
Nonilluminated warning, private drive, posted or no-trespassing
signs, not to exceed two square feet per face.
F.
One on-premises sign, either freestanding or attached,
in connection with any residential building in any zoning district, for permitted
professional offices or home occupations, not to exceed three square feet.
Signs shall not be illuminated in residential districts.
G.
Number and nameplates identifying residents, mounted
on a house, apartment or mailbox.
H.
Temporary, nonilluminated "for sale," "for rent," real
estate signs and signs of similar nature, concerning the premises upon which
the sign is located. One sign not exceeding four square feet per side shall
be permitted. All such signs shall be removed within three days after the
sale, lease or rental of the premises.
I.
Temporary, nonilluminated window signs and posters.
J.
Holiday decorations, including lighting, which may be
displayed in any district.
K.
Gasoline stations: as dictated by regulatory bodies for
gas prices, inspections, licensing, etc.
L.
Promotional signage, including banners, for special events
of limited duration, not exceeding 32 square feet in the residential districts
nor 64 square feet in the commercial or manufacturing districts, provided
that:
M.
Political posters, banners and similar signs, not exceeding
16 square feet, provided that:
(1)
Placement shall not exceed 60 days before nor 30 days
following the event.
(2)
Sponsors and organizers shall be responsible for removal
of political signage.
(3)
Such signage shall be set back at least five feet from
all street curb lines and side property lines and shall not be located within
any public right-of-way.
N.
Nonilluminated window signs advertising special goods
or services.
A.
No sign in any district shall be placed or located within
or extend into the right-of-way of any public highway or roadway.
B.
No sign shall impair or cause confusion of vehicular
or pedestrian traffic in its design, color or placement. No sign shall impair
visibility for the motorist at a street corner or intersection by placement
and location within the right-of-way of the intersection of the street or
highway lines.
C.
No sign shall be illuminated by or contain flashing,
reflective, intermittent, rotating or revolving lights, reflective elements
or moving LED display, except to show time and temperature.
D.
No exterior sign shall consist of pennants, ribbons,
streamers, spinners or similar moving, fluttering or revolving devices unless
otherwise permitted herein.
E.
No sign shall be placed upon the roof of any building.
F.
No portable sign shall be allowed.
G.
No off-premises signs, i.e., billboards, shall be allowed,
except those otherwise permitted under this chapter.
H.
No internally illuminated fixed awning or canopy signs
not constructed with opaque material shall be allowed.
A.
All illuminated signs shall be constructed in conformance
with the latest Standards for Electric Signs (UL 48) of Underwriters'
Laboratories, Inc., and all electric components shall bear the seal of Underwriters'
Laboratories, Inc.
B.
All transformers, wires and similar items shall be concealed.
All wiring to freestanding or pylon signs shall be underground and shall be
subject to inspection by and technical and mechanical approval of the Building
Inspector.
C.
All freestanding signs shall be designed and constructed
to withstand a wind pressure of not less than 30 pounds per square foot of
surface area.
D.
All signs, including wall-mounted and projecting signs,
shall be securely anchored.
E.
All signs, sign finishes, supports and electrical work
shall be kept clean, neatly painted and free from all hazards, such as, but
not limited to, faulty wiring and loose supports, braces, guys and anchors.
F.
All projecting, freestanding or wall signs shall employ
materials and methods of construction to ensure the public safety.
G.
All signage shall be professional in appearance and construction
so as not to visually detract from the character of the area or have a negative
effect upon the quality and value of surrounding properties.
H.
No sign shall extend beyond the top or ends of the building
surface upon which it is placed nor be mounted upon the roof of a building.
I.
No sign shall be erected in such a manner as to obstruct
free egress from any window, door or fire escape or so placed as to become
a menace to life, health or property.
A.
Sign size. The maximum vertical dimension of a sign shall
be 30 inches in height, and the maximum horizontal dimension of a sign shall
not exceed 75% of the length of the street frontage of the business establishment
upon which such sign is erected, but in any event, the sign shall not exceed
50 feet in length.
(1)
The size of signs attached to buildings may be increased
in area over allowable size by 20% for every 100 feet of building setback.
(2)
wall signs, including raceways, shall not project more
than 10 inches from the building facade.
(3)
Awnings and canopies that are used as signs may not extend
beyond the full width of the street frontage. However, the sign copy area
must be within the regulations stated within this chapter.
B.
Letter size. No letter on a sign shall be more than 18
inches in height or width.
C.
Colors. Signs shall be limited to three colors, including
background, except in the instances of a subordinate logo, design or illustrative
element. Colors must complement and not clash with building color.
D.
Signs must 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 must relate with, and not cover architectural
features and must be in proportion to them.
E.
Signs on adjacent storefronts within the same building,
or related groups of buildings, shall be coordinated in height and proportion
and be uniform and harmonious in appearance.
F.
Sign layout must be orderly. Graphics, artwork and workmanship
must be professional in quality and appearance.
G.
Illumination shall he appropriate to the character of
the sign and its surroundings.
The following additional regulations shall be complied with to the extent
that said regulations do not conflict with any other laws, rules or regulations:
A.
Projecting signs, fixed awning and canopy signs. No projecting
sign, fixed awning or canopy sign, or part thereof, shall be erected or maintained
over any street, sidewalk, alley or highway in the village, except the following:
(1)
No part of a projecting sign, fixed awning or canopy
sign shall extend into vehicular traffic areas, and any part extending over
pedestrian areas shall have a minimum clearance of eight feet.
(2)
Theater marquees must be erected and maintained in compliance
with the Building Code of the village.
(3)
Projecting signs, fixed awnings and canopy signs shall
not have more than two faces.
B.
Freestanding signs.
(1)
When the front of a building is set back 50 feet or more
from the property line, and a hardship exists in that a facade sign on the
building is not readily visible from the street, one freestanding sign shall
be permitted.
(2)
No freestanding sign shall be located within the right-of-way,
nor less than 15 feet from a side property line, nor shall such sign be located
less than 50 feet from any other freestanding sign.
(3)
Except in the case of those situations defined in Subsection B(6) below, no freestanding sign shall be more than 16 square feet.
(4)
No freestanding sign shall be more than 16 feet in height
above roadway grade. Such height shall be measured vertically from the established
average grade directly below the sign or entry level of the building or structure,
whichever is lower, to the highest point of the sign, including supporting
structures.
(5)
No freestanding sign shall extend over or into the public
right-of-way, nor shall it overhang the property lines.
(6)
Freestanding signs, under which a pedestrian walkway
or driveway exists, must have a minimum vertical clearance of eight feet.
(7)
Where groups of four or more contiguous businesses are
located together on property under common ownership, one common freestanding
sign shall be permitted, not exceeding 32 square feet per side. All other
signs shall be attached to buildings, as wall or projecting type signs, and
shall be coordinated in material, shape, lettering, color and/or decorative
elements.
C.
Window signs.
(1)
The total sign copy area of all window signage shall
not exceed 30% of any window area or opening, and all the other provisions
of this chapter shall be complied with.
(2)
Individual letters may be permanently mounted on the
inside surface of the glass. Individual letters shall not exceed six inches
in height.
(3)
No more than one self-illuminated window sign per window
pane, area or opening and no more than two self-illuminated window signs per
business street frontage shall be permitted. Self-illuminated window signs
shall not exceed three square feet in area.
(4)
No permanent banners or borders in display windows which
advertise specific products, product names, symbols or logos shall be permitted.
(5)
Not more than two temporary posters concerning events
sponsored by not-for-profit organizations, with dimensions not to exceed one
foot by 11/2 feet, may be displayed without a permit. These posters must be
removed on the next business day after the event.
(6)
Neon borders shall not be permitted.
D.
Illuminated signs.
(1)
Signs shall be illuminated only with steady, stationary,
shielded light sources directed solely onto the sign without causing glare.
(2)
Internal illumination is not permitted, except as follows:
(a)
Individual opaque letters which are internally illuminated,
which direct light against the facade upon which letters are mounted.
(b)
Individual letters with translucent faces, containing
lighting elements within each letter.
(c)
Internally-illuminated box sign with letters cut out
of an opaque, translucent, or metal-faced background as may be deemed appropriate
by the Board of Architectural Review.
(3)
Illuminated signs shall not be permitted to shine onto
residential properties.
(4)
Any hoods, shields or projecting arms for lighting signs
attached to buildings or structures shall be permitted, provided that such
hoods, shields or projecting arms do not extend more than 18 inches beyond
the face of the building or sign, whichever is less.
(5)
Internally-illuminated signs and canopies must be constructed
in such a fashion as to eliminate any extraneous loss of light through seams
or joints within the sign's construction or its placement upon the building
facade.
E.
Temporary signs. Each temporary sign must include the
date it was installed in a visible location. once 30 days have expired, the
sign must be removed and cannot be reinstalled until 30 days have elapsed.
The following additional requirements for permanent signs shall apply:
A.
Residential districts. In residential districts, no signs
shall be erected or maintained, except the following, and no fee shall be
required for such signs:
(1)
Signs customarily incident to churches and places of
worship, libraries or public museums, municipal buildings and structures,
parks and playgrounds of the Village of Mamaroneck and directional signs of
a governmental agency.
(2)
Professional nameplates; provided, however, that such
professional nameplates shall not exceed one square foot in area.
(3)
Signs not exceeding one square foot in area and used
solely for showing the name and address of the occupant of the premises.
(4)
Signs not exceeding six square feet in total area attached
to or freestanding in front of an existing apartment house, cooperative apartment
building or condominium development, which primary purpose is to identify
the apartment house, cooperative apartment building or condominium development,
the units presently available for lease or purchase and the name of the owner
and/or agent.
B.
General Commercial (C-1) and Manufacturing (M-1) Districts.
All signs allowed in the residential districts are allowed in the General
Commercial (C-1) and Manufacturing (M-1) Districts.
(1)
Business establishments shall be limited to one facade
sign. Facade signs shall be limited to the business name and nature of principal
business activity conducted on the premises. The sign may also include the
street number, but not the full street address. Any other on-premises sign
authorized by this chapter shall be allowed to contain noncommercial copy
in lieu of other copy.
(2)
Should a building be located at an intersection and have
a second street frontage, one accessory sign is permitted thereon. The accessory
sign shall be similar in appearance and content to the facade sign facing
the principal street and shall be 50% or less of the size of the facade sign.
(3)
One accessory sign may be permitted on the side or rear
of a building, provided that the rear or side of the building faces a public
or private off-street parking area. The accessory sign shall be similar in
appearance and content to the facade sign facing the principal street and
shall be 50% or less than the size of the facade sign.
(4)
A directional sign not to exceed two square feet in size
shall be permitted on the side or rear of a building if the need is warranted
in the opinion of the Board of Architectural Review.
C.
Central Commercial (C-2) District. All signs allowed
in residential, General Commercial (C-1) and Manufacturing (M-1) Districts
are allowed in the Central Commercial District (C-2). However, the Central
Commercial District is typified by pedestrians and people in slow-moving vehicles
and with a high density of stores and signage. To ensure that signs in this
district are easily read by these shoppers, the following additional requirements
shall apply:
(1)
No freestanding sign shall be permitted in the Central
Commercial District (C-2).
(2)
The lower edge of a 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.
In the event that a sign lawfully erected prior to the effective date
of this chapter does not conform to the provisions and standards of this chapter,
then such signs shall be allowed to continue as is. However, other than maintenance,
a nonconforming sign may not be remodeled, relocated or changed in size or
content unless such action will make the sign conform to the current sign
code.
A.
Any sign existing on or after the effective date of this
chapter, which no longer advertises an existing business conducted or product
sold on the premises upon which such sign is located, shall be removed by
the owner of the property within 90 days.
B.
If the Code Enforcement Officer shall find that any sign
regulated in this chapter is not in compliance with this chapter or any other
provision of the Village Code, is abandoned or not in use, is unsafe or insecure
or is a menace to the public, the Code Enforcement Officer shall give written
notice to the named owner of the property upon which it is located, who shall
remove or repair the sign within 90 days from the date of the notice. If the
sign is not removed or repaired within said time period, the Code Enforcement
officer shall revoke the permit issued for such sign and may remove the sign
and assess the owner for all costs incurred for such service.
C.
The Code Enforcement Officer may cause any sign, which
is a source of immediate peril to persons or property, to be removed immediately
and without notice and the cost of such removal shall be assessed to the property
owner.
A.
The Village Board may, on its own motion, or on a petition
or on recommendations of the Board of Architectural Review, after public notice
and public hearing, amend this chapter pursuant to all applicable requirements
of law.
B.
All proposed amendments originating by petition, or by
motion of the Village Board, shall be referred to the Board of Architectural
Review for a report and recommendation thereon. The Board of Architectural
Review shall submit its report within 60 days after receiving such referral.
Failure of the Board of Architectural Review to report within the required
time shall be deemed to constitute a recommendation for approval of the proposed
amendment.
A.
Any person, corporation, partnership, association or
other legal entity who shall violate any of the provisions of this chapter,
or any conditions imposed by a permit issued pursuant hereto, shall be guilty
of an offense and subject to a fine not to exceed $250 or imprisonment for
a period not to exceed 15 days, and/or both such fine and imprisonment. Every
such person or entity shall be deemed guilty of a separate offense for each
day such violation, disobedience, omission, neglect or refusal shall continue.
B.
Nothing contained in this chapter shall
prevent the Village of Mamaroneck from maintaining an action or proceeding
in the name of the village in a court of competent jurisdiction to compel
strict compliance with the provisions of this chapter or to restrain, by injunction,
the violation of any of its provisions or any rule or regulation promulgated
hereunder.
