The provisions of this Section shall apply to all developments and enlargements on zoning lots between 43rd and 50th Streets with street frontage on Seventh Avenue and/or Broadway in the Theater Subdistrict.

No building permit shall be issued by the Department of Buildings for any portion or all of a development or enlargement on a zoning lot between 43rd and 50th Streets with street frontage on Seventh Avenue and/or Broadway without prior submission of drawings showing that the sign requirements related to surface area, location and number of signs set forth in paragraphs (a), (b) and (c) of this Section have been met and that electrical power is provided in amounts and locations sufficient to illuminate all such required signs to the illumination levels specified herein. Such drawings shall include, at a scale of 1/16 inch equals one foot, a plan, elevations of narrow streets and Seventh Avenue and/or Broadway and cross-sections showing setbacks on Seventh Avenue, Broadway and narrow streets. These drawings shall show, for all the signs required under this Section, their number and for each, its surface area and location and shall list each requirement and the actual dimensions or areas achieved in the design.

Temporary certificates of occupancy for floor area of the development or enlargement comprising in aggregate more than 50 percent of the total floor area of the development or enlargement shall not be issued by the Department of Buildings until 50 percent of the aggregate surface area of signs required under paragraph (a)(3) of this Section has been installed and put in operation in accordance with all of the requirements and standards as set forth in paragraphs (a)(3) and (a)(7) of this Section.

Temporary certificates of occupancy for floor area of the development or enlargement comprising in aggregate more than 90 percent of the total floor area of the development or enlargement shall not be issued by the Department of Buildings until 90 percent of the aggregate surface area of signs required under paragraphs (a)(3) of this Section has been installed and put in operation in accordance with all of the requirements and standards as set forth in paragraphs (a)(3) and (a)(7) of this Section.

Neither temporary certificates of occupancy for floor area of the development or enlargement comprising in aggregate 100 percent of the total floor area of the development or enlargement nor a first permanent certificate of occupancy for the development or enlargement shall be issued by the Department of Buildings until all of the signs required under this Section have been installed and put in operation in accordance with all of the requirements and standards as set forth in paragraphs (a)(3) and (a)(7) of this Section.

Notwithstanding the foregoing requirements relating to the granting of certificates of occupancy, the City Planning Commission may, prior to January 1, 2003, certify to the Commissioner of Buildings that compelling circumstances warrant the waiver of any or all such provisions. In granting any such waiver, the Commission shall establish a completion schedule, not to exceed one year from the date of such certification, for the installation and operation of all requisite signs in accordance with all of the requirements and standards as set forth in paragraphs (a)(3) and (a)(7) of this Section. The Commission, as it deems appropriate, shall also require security for performance under the schedule and may prescribe other conditions to address the delay in installation and operation of requisite signs.

(a)        All developments located on zoning lots between 43rd and 50th Streets with street frontage on Seventh Avenue and/or Broadway shall provide signs meeting all of the following requirements:

(1)        At least one illuminated sign shall be provided for each ground floor establishment with a street frontage on Seventh Avenue, Broadway or a narrow street for the full length of the zoning lot frontage or the first 100 feet from Seventh Avenue or Broadway, whichever is less. With the exception of theater signs, each required illuminated sign shall be located directly behind the clear, untinted, transparent material with which the street wall is required to be glazed under Section 81-731 (Special regulations for signs, transparency, banners and canopies). There shall be no obstructions between the sign and the glazing material.

(2)        In addition, illuminated signs shall be provided with a minimum aggregate surface area of 12 square feet for each linear foot of street frontage of the zoning lot on Seventh Avenue, Broadway and intersecting narrow streets up to the first 40 linear feet of street frontage from either Seventh Avenue or Broadway.

No portion of any illuminated sign required under this paragraph, (a)(2), shall be located:

(i)        further than 40 feet from the Broadway or Seventh Avenue street line;

(ii)        below a height of 10 feet above curb level or above the top of the street wall of the building before setback as defined in Section 81-75 (Special Street Wall and Setback Requirements).

There shall be a minimum of one sign with a surface area of not less than 100 square feet for each 25 linear feet, or part thereof, of zoning lot street frontage on Seventh Avenue or Broadway.

(3)        In addition, illuminated signs shall be provided with a minimum aggregate surface area of 50 square feet for each linear foot of street frontage of the zoning lot on Seventh Avenue, Broadway and intersecting narrow streets up to the first 40 linear feet of street frontage from either Broadway or Seventh Avenue, except that for any one zoning lot, the required minimum aggregate surface area shall not exceed 12,000 square feet.

No portion of any illuminated sign required under this paragraph (a)(3) shall be located:

(i)        further than 40 feet from the Seventh Avenue or Broadway street line except that, for a zoning lot with street frontage on Seventh Avenue, Broadway and at least one narrow street, the areas of required signs specified in paragraph (a)(3)(ii) of this Section may be located without distance limit from the Seventh Avenue or Broadway street line;

(ii)        below a height of 10 feet or above a height of 120 feet above curb level, except that for a zoning lot with street frontage on Seventh Avenue, Broadway and 47th Street, a minimum of 25 percent of the minimum aggregate surface area required under this Section or 7,500 square feet, whichever is greater, shall comprise signs no portion of which shall exceed 250 feet in height above curb level, and each of which shall face the intersection of the center lines of 45th Street and Broadway and shall have its surface area measured by projecting its edges onto a plane perpendicular to a line drawn between the center of the sign and the above intersection at ground level and measuring the resultant surface area on that plane; and, for other zoning lots with street frontage on Seventh Avenue, Broadway and a narrow street a maximum of 25 percent of the minimum aggregate surface area required under this Section may comprise signs located without height limit provided that each such sign faces the intersection of the center lines of 45th Street and Broadway and its surface area is measured by projecting its edges onto a plane perpendicular to a line drawn between the center of the sign and the above intersection at ground level and measuring the resultant surface area on that plane.

Where a zoning lot is located at the intersection of Seventh Avenue or Broadway and one or more narrow streets, at least 60 percent of the minimum aggregate surface area of signage required under this paragraph, (a)(3), shall be located within 50 feet of the narrow streets. Where a zoning lot is located at two such intersections, at least 15 percent of the minimum aggregate surface area required under this subsection shall be within 50 feet of each narrow street. Where a zoning lot is located at three or more such intersections, at least seven percent of the minimum aggregate surface area required under this Section shall be within 50 feet of a narrow street at each intersection of that narrow street and Seventh Avenue or Broadway.

There shall be a minimum of one illuminated sign with a surface area of not less than 1,000 square feet for each 50 linear feet, or part thereof, of street frontage on Seventh Avenue or Broadway, except that for any one zoning lot no more than five signs shall be required.

With the exception of signs defined in paragraph (a)(3)(ii) of this Section as facing the intersection of the centerlines of 45th Street and Broadway, at least 75 percent of the surface area of signs required under this paragraph, (a)(3), shall be placed at an angle in plan view of not more than 45 degrees to the Seventh Avenue or Broadway street line.

Signs required under this paragraph, (a)(3), shall, when installed on the building and set in operation, meet at a minimum the requirements set out in paragraphs (a)(3)(iii), (iv) and (v) of this Section. The illumination standards contained therein for each sign shall be measured with an apparatus (to be known as a Light Unit Times Square or "LUTS" meter) comprising an illuminance meter attached to a 35 millimeter single lens reflex camera body and fitted with a lens of appropriate focal length in accordance with the diagrams herein (see Illustrations of Sign Brightness Measurement System - LUTS Meter). The lens shall be set at F-stop 11.

SIGN BRIGHTNESS MEASUREMENT SYSTEM

(LUTS Meter)

(81-732a3ii)

The LUTS Meter shall be calibrated against a reference standard (See illustrations of Sign Brightness Measurement System - LUTS Meter). Alternative measuring equipment may be employed provided such equipment provides identical measurement against the reference standard described herein.

In measuring the brightness of the whole of a sign under the provisions of paragraphs (a)(3)(iii) and (iv) of this Section, the illumination level of the sign shall be determined by pointing the LUTS Meter at the sign so that the entire sign completely fills the viewing frame of the meter. If, because of the shape of the sign, the entire sign cannot be viewed within the viewing frame, readings may be taken of discrete portions of the sign separately, provided, however, that no more of the sign than is absolutely necessary to measure the entire sign, may be included in more than one such reading. Readings of portions of a sign shall be averaged to obtain the average illumination level of the entire sign.

In measuring the brightness of a portion of a sign required to meet the incident illumination standards specified in paragraphs (a)(3)(iii) and (iv) of this Section, the illumination level of that portion of the sign shall be determined by pointing the LUTS Meter at that portion so that the entire portion completely fills the viewing frame of the meter. If, because of the shape or configuration of that portion of the sign, the entire portion cannot be viewed within the viewing frame, readings may be taken of discrete sections of that portion separately, provided, however, that no more of the portion than is absolutely necessary to measure the entire portion, may be included in more than one such reading. Readings of sections of that portion of the sign shall be averaged to obtain the average illumination level of the entire portion.

If the illumination of a required sign or portion thereof is measured prior to its installation on the building, all measurements shall be taken in an interior environment with an ambient air temperature of between 65 and 75 degrees Fahrenheit and no ambient light. For all readings, the LUTS meter shall be located so that its relationship to the sign or portion thereof is identical to that described below for taking measurements when the same sign or portion thereof is installed on the building.

If the illumination of a required sign or portion thereof is measured after its installation on the building, all measurements shall be taken at night when the ambient air temperature, at a height above street level equal to that of the center of the sign, is between 65 and 75 degrees Fahrenheit. To measure the illumination level of a sign or portion thereof, an imaginary line shall be established which is perpendicular in plan view to the surface of the sign or portion thereof and connects its center to a point from which the sign or portion thereof is actually visible and which is five feet above street level and 60 or more feet away from the sign. The LUTS meter shall be located along this line at the furthest distance from the sign or portion thereof at which a reading may be obtained by the method specified above.

The duration of one complete operating cycle of any sign required under this paragraph (a)(3) which is animated, in whole or in part, shall not exceed five minutes.

During any one complete operating cycle of any such sign, the aggregate time for which such sign is unlit shall not exceed 10 percent of the operating cycle and in no case shall exceed 15 seconds. In addition, no single continuous time period during which such a sign is unlit shall exceed three seconds. During any one complete operating cycle of any such sign, the brightness levels specified below in paragraphs (a)(3)(iii) and (iv) shall be attained for an aggregate time of not less than 20 percent of the operating cycle and in no case shall be less than l0 seconds. In addition, the surface area of any sign required to be continuously animated, either in whole or in part and either electrically or mechanically, shall exhibit visual changes clearly discernable by an observer at street level at intervals not exceeding 30 seconds.

(iii)        A minimum of 25 percent of the required minimum aggregate surface area of signs required under this paragraph, (a)(3), shall comprise signs each of which shall attain for a minimum of 25 percent of its surface area at least 1.5 LUTS incident illumination measured as specified in this paragraph, (a)(c), by means of electric lamps, such as neon tubes, incandescent lamps or cathode ray tubes, which are exposed directly to view. All of the remainder of each such sign shall attain at least 0.2 LUTS incident illumination measured as specified by means of electric lamps exposed directly to view and/or luminous surfaces comprising translucent material lit from behind by electric lamps.

In addition, each of the signs required to meet the standards of this paragraph (a)(3)(iii) shall have either: a minimum of 20 percent of its surface area continuously electrically animated either by means of flashing borders, writing, pictorial representations, emblems or other figures of similar character or by means of flashing sign surface area serving as a field or background thereto; or, a minimum of 50 percent of its surface area continuously mechanically animated.

(iv)        In addition, a minimum of 25 percent of the required minimum aggregate surface area of signs required under this paragraph (a)(3) shall comprise signs each of which shall attain for all of its surface area at least 0.4 LUTS incident illumination measured as specified by means of luminous surfaces comprising translucent material lit from behind by electric lamps. Alternatively, but also in addition to paragraph (a)(3)(iii) of this Section, a minimum of 25 percent of the required minimum aggregate surface area of signs required under this paragraph (a)(3) shall achieve the same incident illumination levels for the same amounts of surface area as specified in paragraph (a)(3)(iii).

In addition, each of the signs required to meet the standards of this paragraph (a)(3)(iv) shall have either: a minimum of 20 percent of its surface area continuously electrically animated either by means of flashing borders, writing, pictorial representations, emblems or other figures of similar character or by means of flashing sign surface area serving as a field or background thereto; or, a minimum of 50 percent of its surface area continuously mechanically animated.

(v)        The provisions of paragraphs (a)(3)(iii) and (iv) of this Section may be modified or waived upon certification by the Chairperson of the City Planning Commission that the dynamic character and attractiveness of the sign or signs for which the modification or waiver is granted are assured by the proposed design and operation and that the signage on the zoning lot will produce an effect at least equal to that achieved through the application of paragraphs (a)(3)(iii) and (iv).

Except for an individual sign meeting the illumination requirements of paragraphs (a)(3)(iii) and (iv) for at least 50 percent of its surface area, for all of the signs required under this paragraph (a)(3), all surface area not complying with paragraphs (a)(3)(iii) and (iv) shall be lighted with an average level of illuminance across the entirety of that surface area of 75 foot candles and with an average to minimum illuminance ratio of not greater than 3.0 to 1.0.

(vi)        For zoning lots that contain 15,000 square feet or more of lot area, the provisions of paragraphs (a)(2) and (a)(3)(ii) of this Section may be modified or waived, upon certification by the Chairperson that:

(a)        the sign or signs for which the modification or waiver is granted are affixed to a building that contains a “listed theater” as designated in Section 81-742 (Listed theaters), and a portion of such theater is located within 100 feet of the street line of Seventh Avenue or Broadway; and

(b)        such sign or signs provide visual interest that furthers the purposes of the illuminated sign requirements set forth in Section 81-73 (Special Sign and Frontage Regulations), inclusive, in a manner that is at least equal to that achieved through the application of paragraphs (a)(2) and (a)(3)(ii).

(4)        One marquee illuminated sign and one additional projecting identification illuminated sign are required for each theater on a zoning lot. A group of motion picture theaters under single ownership and operation shall be treated as one theater for the purposes of this requirement.

Each required marquee shall have a minimum area in plan of 500 square feet and each projecting identification sign shall have a minimum surface area of 200 square feet. Marquees and identification signs may count towards meeting the minimum aggregate surface area requirements of paragraph (a)(2) or (a)(3) of this Section, provided that they comply with the locational requirements therein.

(5)        Signs which do not meet the locational requirements of paragraph (a)(2) or (a)(3) are permitted, but shall not count towards meeting minimum aggregate surface area requirements.

(6)        Required minimum aggregate surface areas of signs for zoning lots with street frontage on both Seventh Avenue and Broadway shall be calculated by including both those street frontages and any narrow street frontages up to the first 40 linear feet of street frontage from either Seventh Avenue or Broadway.

(7)        All required illuminated signs shall at a minimum remain lit from dusk until 1:00 a.m. daily.

All of the surface area of signs required under paragraphs (a)(2) and (a)(3) shall be visible from a height of five feet above street level at any point 60 feet from the Seventh Avenue or Broadway street line of the zoning lot on which they are required to be provided.

At least 50 percent of the minimum aggregate surface area of signs required under paragraph (a)(3) shall comprise signs each of which shall be legible during daylight hours from a minimum distance of 60 feet when viewed from ground level at a point perpendicular in plan to the center of the sign.

(b)        For enlargements which add floor area amounting to a floor area ratio of at least 1.0, the sign requirements of this Section shall apply as follows:

(1)        If the enlargement involves an increase in floor area, minimum aggregate surface areas of required signs shall be determined in the same manner as for developments on the basis of the length of the zoning lot's frontage as set forth in paragraphs (a)(2), (a)(3) and (a)(6) of this Section.

(2)        All other requirements for signs required for enlargements shall be as provided for developments in paragraphs (a)(1), (a)(2), (a)(3), (a)(4), (a)(5) and (a)(7) of this Section.

(3)        The provisions of paragraphs (a)(1) or (a)(2) may be modified or waived upon certification by the Chairperson of the City Planning Commission that such modification or waiver results from compelling necessity.

(c)        Zoning lots between 43rd and 50th Streets with street frontage on Seventh Avenue and/or Broadway comprising developments or enlargements and existing buildings to remain shall meet the requirements of paragraph (a) of this Section for developments or paragraph (b) for enlargements on the basis of the configuration and street frontages of the entire zoning lot.

There shall be no reduction in the aggregate surface area of signs on any existing buildings to remain. A non-conforming 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 the creation of a new non-conformity or an increase in the degree of non-conformity of such sign.