Section 52-83 - Non-Conforming Advertising Signs
In all Manufacturing Districts , or in C1, C2, C4, C5-4, C6, C7 or C8 Districts, except as otherwise provided in Sections 32-66 or 42-65 (Additional Regulations for Signs Near Certain Parks and Designated Arterial Highways), any non-conforming advertising sign except a flashing sign may be structurally altered, reconstructed or replaced in the same location and position, provided that such structural alteration, reconstruction or replacement does not result in:
(a) the creation of a new non-conformity or an increase in the degree of non-conformity of such sign ;
(b) an increase in the surface area of such sign ; or
(c) an increase in the degree of illumination of such sign .
However, in Community District 1 in the Borough of Brooklyn, a non-conforming advertising sign may be structurally altered, reconstructed or replaced in a different location, and may create a new non-conformity or non-compliance , or an increase in the degree of non-conformity or non-compliance , provided such sign is reconstructed pursuant to a Certificate of Appropriateness from the Landmarks Preservation Commission, is located on a landmark building that is part of a general large scale development , and there is no increase in the surface area or degree of illumination of such sign . Furthermore, the discontinuance provisions of Section 52-61 shall not apply to such sign , provided such sign is reconstructed on the landmark building prior to the issuance of a temporary certificate of occupancy for any use within such building .
No sign that exceeds or is otherwise in violation of any illumination standard established by rule of the Department of Buildings shall be non-conforming as to such illumination standard one year after such rule becomes effective.
To the extent that such structural alteration, reconstruction or replacement of non-conforming advertising signs is permitted under the provisions of this Section, the provisions of the following Sections are modified:
Section 52-22 (Structural Alterations)
Sections 52-51 to 52-55 , inclusive, relating to Damage or Destruction.