The provisions of this Section shall apply to all zoning lots with frontage along Seventh Avenue. The height of all signs shall be measured from the curb level.

(a)        Signs, including advertising signs, flashing signs and illuminated signs, unlimited in area, shall be permitted to a height of 40 feet. Below a height of 14 feet, such signs shall not occupy more than 50 percent of the glazed street wall surface required, pursuant to Section 81-42, nor shall such signs be located within 10 feet of an entrance to a rail mass transit facility or subway station.

(b)        Signs, including advertising signs, flashing signs and illuminated signs, except as otherwise provided in Section 81-52, paragraph (c), may be permitted above a height of 40 feet by the City Planning Commission, upon certification that:

(1)        such signs and sign structures to which signs are attached shall not exceed a height of 60 feet; except that signs and sign structures onto which signs are attached, within 40 feet of the intersection of two streets or within 30 feet of the centerline of the westerly prolongation of West 32nd Street along the west block front of Seventh Avenue between West 31st and West 33rd Streets, shall not exceed a height of 100 feet;

(2)        such signs above a height of 60 feet are located on zoning lots that contain an entrance to, or are adjacent to, an entrance to a rail mass transit facility and/or subway station;

(3)        such signs shall not project across a street line more than 18 inches for double or multifaceted signs or 12 inches for other signs, except that signs within 40 feet of the intersection of two streets may project up to three feet across a street line above a height of 25 feet;

(4)        such signs that exceed a height of 60 feet, shall be no wider than 40 feet each;

(5)        such signs or sign structures that exceed a height of 60 feet, may include lighting effects at the top of such sign structure and such lighting effects shall not exceed a height of 10 feet above such sign or sign structure.

(6)        such signs and sign structures onto which signs are attached within 30 feet of the centerline of the westerly prolongation of West 32nd Street shall have a minimum clearance of 10 feet from the adjacent building, and such sign structure shall have a minimum clearance of 20 feet from the street line in order not to obstruct visibility of the transit entrance from the street;

(7)        on zoning lots that contain an entrance to, or are adjacent to, an entrance to a rail mass transit facility and/or subway station, the requirements for rail mass transit or subway entrance informational signs of Section 81-521 are met; and

(8)        monies will be deposited into an escrow account or similar fund established by the City, to be used at the direction of the Chairperson of the City Planning Commission and the Commissioner of the Department of Transportation, acting in consultation with the Metropolitan Transit Authority, as necessary, for streetscape and for abovegrade and belowgrade pedestrian circulation improvements within the Penn Center Subdistrict. For the period through January 1, 2003, and thereafter, until adjusted by rule of the City Planning Commission pursuant to the City Administrative Procedure Act, such sign contribution shall be equal to $30 per square foot of sign permitted above a height of 40 feet. Any net increase in the surface area of a previously approved sign shall require a new certification and the deposit of a supplemental sign contribution in an amount reflective of such increase.

Alternatively, an applicant may, at the time of the first certification for a sign at a location under its control, deposit a sign contribution in an amount equal to $20 per square foot of sign above a height of 40 feet for the total amount of square footage of all signs eligible for certification at locations under the applicant’s control. The deposit of monies under this alternative procedure shall not relieve the applicant of the requirement to seek and obtain a certification for each such sign, pursuant to this paragraph (b), prior to installation.

For purposes of this paragraph (b), the square footage of the sign shall mean the surface area of a sign, except that it shall also include the area of any structural frame or similar enclosure in which the sign is located or to which it is attached. No sign for which a certification has been received shall be installed prior to deposit of the sign contribution in accordance with this paragraph (b).

(c)        Signs above a height of 40 feet on any building listed on the State and/or National Register of Historic Places, or any building formally determined eligible for inclusion on the Register, may be permitted upon authorization by the City Planning Commission, that:

(1)        the proposed method of attachment of such signs shall be reversible;

(2)        such signs shall not be disruptive to the historic fabric of the building;

(3)        such signs shall comply with all other requirements of paragraph (b) of this Section;

(4)        the requirements for rail mass transit or subway entrance informational signs of Section 81-521 are met; and

(5)        monies shall be deposited into an escrow account or similar fund established by the City, to be used at the direction of the Chairperson of the City Planning Commission and the Commissioner of the Department of Transportation, acting in consultation with the Metropolitan Transit Authority, as necessary, for streetscape and for above-grade and belowgrade pedestrian circulation improvements within the Penn Center Subdistrict. For the period through January 1, 2003, and thereafter, until adjusted by rule of the City Planning Commission pursuant to the City Administrative Procedure Act, such sign contribution shall be equal to $30 per square foot of sign permitted above a height of 40 feet. For purposes of this paragraph (c), the square footage of the sign shall mean the surface area of a sign, except that it shall also include the area of any structural frame or similar enclosure in which the sign is located or to which it is attached. No sign for which an authorization has been approved shall be installed prior to deposit of the sign contribution in accordance with this paragraph (c), or the alternative sign contribution provided in paragraph (b)(8) of this Section.

Any net increase in the surface area of a previously approved sign shall require a new authorization and the deposit of a supplemental sign contribution in an amount reflective of such increase.