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 42-55 (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)