RECOMMENDED AMENDMENTS TO OFF-PREMISE SIGN REGULATIONS

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1 RECOMMENDED AMENDMENTS TO OFF-PREMISE SIGN REGULATIONS The use of electronic, digital or video technology in signs is permitted and allowed, subject to the following limitations and additional restrictions: (a). Such technology shall be programmed so that the message or image on the sign changes no more often than once every eight (8) seconds. This is the duration recommended by the Federal Highway Administration. This is the duration requirement adopted by the City of Tuscaloosa. The State of Ohio also requires that each message or copy shall remain fixed for at least eight seconds. The Charlotte - Mecklenburg, North Carolina, Planning Commission also recommended a message duration of 8 seconds. National League of Cities Memorandum says: Image display times shorter than the industry standard of 8-10 seconds results in greater distraction for drivers and may be seen as animation, which is prohibited for roadside billboards. (b). There shall be no effects of movement, blinking, animation, scrolling, flashing, or similar effects in the individual images. The Outdoor Advertising Association of America s publication Regulating Digital Billboards suggests language that provides that signs not include animated, flashing, scrolling, intermittent or full-motion video elements. The OAAA is the leading trade association for the billboard industry. (c). Changes of image shall be instantaneous as seen by the human eye, and shall not use blinking, fading, rolling, shading, dissolving, or similar effects as part of the change. The Federal Highway Administration recommends a 1 or 2 second transition time. The OAAA s publication Regulating Digital Billboards suggests a transition time of at least one second. 1

2 The City of Tuscaloosa adopted an Ordinance requiring the change to be instantaneous. A representative of Lamar Advertising told the Council on December 18 that its signs change instantaneously. The Charlotte - Mecklenburg, North Carolina, Planning Commission recommended that message change be accomplished within an interval of 2 seconds. National League of Cities Memorandum says: Image transition should be quick. Any transition time longer than a second or two may create an additional distraction for drivers. (d). Video technology in signs shall use automatic level controls to reduce light levels at night and under cloudy and other darkened conditions, in accordance with the following: (1). All electronic, digital, or video display unit signs shall have installed ambient light monitors, and shall at all times allow such monitors to automatically adjust the brightness level of the sign based on ambient light conditions. (2). Maximum brightness levels for electronic, digital, or video display signs shall not exceed 5000 nits when measured from the signs face at its maximum brightness, during daylight hours. (3). Maximum brightness levels for electronic, digital, or video display signs shall not exceed 500 nits when measured from the signs face at its maximum brightness, between sunset and sunrise, as those times are determined by the National Weather Service. (4). Written certification from the sign manufacturer must be provided at the time of application for a building permit certifying that the light intensity of the sign has been preset not to exceed the illumination levels established by this Ordinance, and that the preset intensity level is protected from end user manipulation by password protected software or other approved method. 2

3 Brightness adjustment is one of the recommendations of the Federal Highway Administration. The OAAA s publication Regulating Digital Billboards suggests language requiring that signs will appropriately adjust display brightness as ambient light levels change. The National League of Cities Memorandum says: bright digital billboards not only provide additional distraction to drivers at night, but also provide distracting glare through reflecting sunlight during the day. Luminance is the measure of the light emanating from an object with respect to its size and is the term used to quantify electronic sign brightness. The unit of measurement for luminance is nits, which is the total amount of light emitted from a sign divided by the surface area of the sign (candelas per square meter (cd/m²)). To control the extent to which electronic signs are a distraction or the extent to which they are readable, many local governments have adopted regulations that limit nit levels. The City of Minnetonka report notes that ordinances that use nit level limitations typically differentiate between day time and night time nit levels, that common daytime limitations range from 5,000 to 7,500 nits, and that the common night time limitation is 500 nits although in areas that are extremely dark at night, with very little in the way of ambient light levels, less than 500 nits may be appropriate. The City of Tuscaloosa adopted regulations limiting signs to 5,000 nits during daylight hours and 500 nits at night. The Charlotte - Mecklenburg, North Carolina, Planning Commission recommended regulations to control the brightness of signs to not exceed a maximum of 7,500 nits during daylight hours, and no more than 500 nits between dusk and dawn. The Commission also recommended the following: The sign shall contain an automatic dimmer (factory set to Charlotte illumination intensities) and a photo cell sensor to adjust the illumination intensity or brilliance to be dimmer at night. As noted in the City of Minnetonka report, enforcement is challenging as luminance of electronic signs is very difficult 3

4 to measure in the field. The report discusses different ways that cities have addressed the enforcement issue, and notes that two cities have included a requirement for written certification from the sign manufacturer that the light intensity has been preset not to exceed the illumination levels established in their city ordinances. (e). Video technology in signs shall contain a default design that will freeze the device and message in one position with no more than a maximum illumination of 500 nits if a malfunction occurs. This requirement was taken from an Ohio regulation, and recommendations of the Charlotte - Mecklenburg, North Carolina, Planning Commission. ( f). Any electronic, digital, or video display unit sign that malfunctions, fails or ceases to operate in its usual or normal programmed manner, causing motion, movement, flashing or any similar effects, shall be restored to its normal operation conforming to the requirements of this ordinance within 24 hours. A representative of Lamar Advertising told the Council on December 18 that Lamar s sign boards are controlled from an office via the internet. ( g). No more than one electronic, digital, or video display unit sign shall be visible from any one location. An alternative is to specify a distance between signs. The Charlotte - Mecklenburg, North Carolina Planning Commission recommended minimum spacing of 2,000 feet between electronic billboards, and 1000 feet between an electronic billboard and a static (traditional) billboard. The stated concern here is visual overload. As stated in the City of Minnetonka report: Closely spaced signs attempting to convey sequenced messages may simply create visual overload and an over-stimulated driving environment. 4

5 (h). Existing conforming billboards and structures may be converted to accommodate electronic, digital, or video technology, subject to the provisions of this ordinance. The conversion of any existing conforming billboard must be permitted by the City s Land Use/Code Administration Department. (i). No electronic, digital, or video display message shall be mounted, affixed or attached to any vehicle, motor vehicle or trailer operated, maneuvered or towed on or upon any street, avenue, alley, road, or right of way with the corporate limits of the city. This prohibition shall include vehicles, motor vehicles or trailers designed, built, or used specifically for and as mobile advertising billboards. Any person operating or using a vehicle, motor vehicle or trailer in violation of this section shall be subject to the issuance of a municipal offense ticket and punishment in the same manner and in accordance with the schedule of fines and other procedures set out in Chapter 1, Mobile City Code. This paragraph is similar to the City of Tuscaloosa s ordinance. This is an issue that the Council has discussed in years past, but no action was ever taken. (j). Permitting. All off-premise digital billboards and signs, including the conversion of any existing conforming billboard to digital technology, shall require permits as follows: (1). Application for a building permit shall be made to the Land Use/Code Administration Department, and shall be accompanied by such drawings, plans, specifications, and engineering designs as may be necessary to fully advise and acquaint the department personnel with the proposed sign and sign location. The application shall be accompanied with the deed, lease, or other agreement by which the applicant has the right to erect, use or maintain the proposed sign at the stated location. Further, said application shall contain the following information: distance from proposed sign to closest off-premise sign on the same side of the street and on the opposite side of the street; distance from proposed sign to closest residentially zoned (R-1, R-2, or R-3) property; location of all other digital billboard signs within a radius of one mile of 5

6 the proposed location; and written certification from the sign manufacturer certifying that the light intensity of the sign has been preset not to exceed the illumination levels established by this Ordinance, and that the preset intensity level is protected from end user manipulation by password protected software or other approved method. (2). The building permit shall become null and void unless construction of the sign has been substantially completed within five (5) months from the date on which the permit was issued. In the event a permit becomes null and void after the expiration of five (5) months, the permittee shall be required to reapply for a permit for that site and pay another permit application fee. If, however, the permittee provides evidence that good cause prevented substantial commencement with the five-months, and such evidence is accepted by the building official, then said permit may be extended one time for an additional three (3) months. (3). A permit application fee of $ per structure shall be paid by each person or corporation seeking a building permit under this section. This fee shall be in addition to, and not in lieu of, any other fees or licenses required. This section is drawn from the City of Tuscaloosa s requirements. The permit application requirements apply only to off-premise digital billboards. (k). (L). Non-conforming signs may not be converted to digital signs or displays. For each digital billboard erected, the applicant must remove four of its non-conforming billboards within six (6) months of the issuance of the permit for said digital billboard. Many municipalities have similar requirements. This one is taken from the ordinance adopted by the City of Northport, Alabama in June