With my experience in both the public and private sectors, I’ve gained a unique view of the sign industry. I understand both sign-industry challenges and communities’ perspective. Unfortunately, to begin, electronic message centers (EMCs) don’t have any “rights,” based on the Concord, NH ban on EMCs that was upheld by appeal in the First Circuit Court (Nasar Jewelers, Inc. v. City of Concord, 2008 WL 162521 (C.A. 1 N.H. 1/18/2008)). The ban was ruled to have achieved its stated goals: promoting both traffic safety and community aesthetics. Therefore, to avoid EMC bans, the sign industry must be proactive and help communities create reasonable EMC regulations.
Sign-code updates
Numerous communities are now actively, or considering, updating their sign codes. In 2009, I’ve already represented sign associations in 13 cities that have initiated sign-code updates, ranging from Clark County (Las Vegas), NV to Tucson, AZ.
Development applications have waned almost everywhere, so planning departments are actively updating regulations. Many communities have either inadequate or absent EMC regulations, which alone triggers sign-code updates. As usual, change also means opportunity, for communities and the sign industry.
Inadequate regulations
Sign companies should always strive to utilize the EMC signage allowed by code, with a caveat. Where communities don’t have adequate or any EMC regulations, the sign industry should proceed with caution. It should work hard for full disclosure and education about the proposed EMCs.
First, the community needs to understand what it’s approving: how long messages will be displayed, the nature of the messages, whether the EMC is video animated or static, the type of transition and nighttime-illumination levels.
Second, if the community doesn’t understand what it’s approving, or has inadequate regulations, subsequent problems can elicit a moratorium, as happened in Amarillo, TX; Antioch, IL; North Little Rock, AR; Fargo, ND and probably other communities.
Regulatory considerations
Illumination levels. Nighttime-illumination levels are critical in EMC regulations. Too bright of a sign, even for a short time, can cause a moratorium, as happened Ogden, UT and Bismarck, ND.
The billboard industry proactively has helped set standard illumination levels for itself. The entire sign industry should endorse and follow the International Sign Assn. (ISA) illumination levels for EMCs. This approach uses a foot-candle meter to measure compliance, which simplifies verification for communities.
Foot-candle meters only cost a few hundred dollars, and they’re easy to operate. They factor in ambient light, so EMCs can be properly illuminated for each site. The ISA electronic-message-display brightness guide is available at this link: www.signs.org/LinkClick.aspx?fileticket=jSP8Wc3ItK4%3d&tabid=745.
The study that supports the guidelines are at this link: www.signs.org/LinkClick.aspx?fileticket=coM8vfbNNIg%3d&tabid=745.
Utilizing the ISA standards could help create an even playing field and illumination equity between adjacent EMCs. Sign-illumination “wars” benefit no one. The ISA standards could also foster illumination equity between on-premise EMCs and electronic billboards.
Another illumination-assessment methodology utilizes nits, which is the luminance or perceived brightness of a sign, measured in candelas per square foot (cd/sq. ft.). A common nit level for nighttime EMCs is 500. However, this methodology doesn’t account for ambient light conditions, so it could cause improper illumination.
In addition, enforcement of nits regulations isn’t easy, because most communities don’t have the equipment to measure nits.
Minimum display time. Allow-able message duration tends to be overly regulated. Practical thinking should prevail. For example, urban cores tend to limit display times, video and animation. Suburban and more rural areas veer toward longer display times of three seconds.
Some restrictive cities only allow one change every hour (Mesa, AZ). Other cities allow for reasonable changes of two to three seconds and video in the central business districts (Spokane, WA). Some cities are proposing hold times that match the billboard industry, eight seconds (Phoenix and Maricopa County, AZ). Most cities are comfortable with established billboard hold times.
Some communities allow a shorter hold time with special approval or other administrative procedures (Mesa and Phoenix).
I suggest that hold times be allowed by right, without any special review, as approvals for decreased hold times tend to be arbitrary and difficult to administer.
Operational mode. EMC regulations must specify the nature of the display. The following are the different operational modes:
Static-Message: A display that doesn’t change.
Frame Effects: A visual effect applied to a single EMC frame. Such transitions include fade in, fade out, dissolve, etc.
Animation and video: Moving images.
The EMC regulations must specify the zoning districts where each type of operational mode is allowed. Display time should coincide with the operational mode. Less-traveled areas, both suburban and rural, lend themselves to static images. Major streets, and areas that include employment and larger retail centers, are appropriate for frame effects. Urban cores in larger cities tend to allow animation and video (Phoenix and Spokane).
EMC-video capability doesn’t guarantee permission. Consider your car and speed limits. Speed limits promote safety. For the same promulgated reason, communities can limit EMCs’ operational modes. Therefore, the sign industry should educate communities and encourage balanced EMC regulations.
Administration
Regulations must specify if the EMC is allowed by right or by review. EMCs by right is preferred, and allowable specifics can be tailored to each zoning district. A review process invariably spawns inconsistent rulings and adds time to the sign-entitlement process.
Conclusion
The sign industry must proactively work with communities to encourage reasonable EMC regulations. The alternative may bring more EMC bans or very strict and unreasonable regulations. Everyone would lose. n
James Carpentier, AICP, is a former director of government relations for YESCO (Salt Lake City) with 25 years’ experience as a planner. He now owns Carpentier Consulting LLC, which provides sign-code and entitlement services to the sign industry, sign associations, development community and the public sector.