ITEM 4.1 INS District Signs0 e F//r'�/'�o
MINNESOTA ! 7
DEPARTMENT INFORMATION
Request for
City Council Action
,ORIGINATING DEPARTMENT',,
'REQUESTOR:
"MEETING PATE'
Planning
City Planner Licht
9 April 2018
PRESENTER(s)
REVIEWED BY:
ITEM#:
City Planner Licht
City Administrator/Finance Director Flaherty
4.1— INS District Signs
STRATEGIC VISION
MEETS;
' THE CITY OF 0T5EG0: = '
X
Is a strong organization that is committed to leading the community through innovative
communication.
7S A PUBLIC HEARING REQUIRED?
Has proactively expanded infrastructure to responsibly provide core services.
Held by Planning Commission 2 April 2018
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
The ISD 728 is planning on replacing the existing freestanding sign at Otsego Elementary School, located
Is a social community with diverse housing, service options, and employment opportunities.
to install a sign with an electronic message display in place of the current manually changeable copy sign,
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION .. , .
City staff and the Planning Commission recommend approval of an ordinance amending the City Code
(including the Zoning Ordinance) to allow use of dynamic display signs within the INS District.
ARE .YOl1:SEEKING APPROVAL OFA CONTRACT?
7S A PUBLIC HEARING REQUIRED?
No
Held by Planning Commission 2 April 2018
BACKG RO U N D J1 USTI F1 CATI O N:
The ISD 728 is planning on replacing the existing freestanding sign at Otsego Elementary School, located
adjacent to River Road (CSAH 42) between Quaday Avenue and 85th Street. The School District would like
to install a sign with an electronic message display in place of the current manually changeable copy sign,
which is currently not allowed by the Zoning Ordinance. The City Council has previously discussed working
with the schools within the City to make allowance for electronic changeable displays that can be used to
convey community information to residents. To this end, the City Council Administrative Subcommittee
directed City staff to initiate an amendment of the Zoning Ordinance to allow for signs with dynamic
displays within the INS, Institutional District.
A public hearing was held by the Planning Commission meeting on 2 April 2018 to consider the draft
ordinance prepared by City staff and provide a recommendation to the City Council. There were no
comments from the public, The Planning Commission discussed ensuring that the use of the dynamic
display signs would be limited to public and quasi -public uses, The Planning Commission also discussed
extending the proposed rate of change for the sign displays to ensure that there is no driver distraction.
After their discussion, the Planning Commission closed the public hearing and voted 5-0 to recommend
approval of the proposed amendment.
SUPPORTING DOCUMENTS ATTACHED:
■ Planning Report dated 27 March 2018
■ Ordinance 2018-02
■ Summary of Ordinance 2018-02
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES:
Motion to adopt Ordinance 2018-02 the City Code to allow use of dynamic display signs within the INS
District and publication in summary form.
BUDGET INFORMATION
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPCQPIanningCo.com
The Planning Company
PLANNING REPORT
TO: Otsego Planning Commission
FROM: D. Daniel Licht, AICP
REPORT DATE: 27 March 2018
RE: Otsego — Zoning Ordinance; Dynamic Display Signs
TPC FILE: 101.01
BACKGROUND
The ISD 728 is planning on replacing the existing freestanding sign at Otsego Elementary School,
located adjacent to River Road (CSAH 42) between Quaday Avenue and 85th Street. The School
District would like to install a sign with an electronic message display in place of the current
manually changeable copy sign, which is currently not allowed by the Zoning Ordinance. The
City Council has previously discussed working with the schools within the City to make
allowance for electronic changeable displays that can be used to convey community
information to residents. To this end, the City Council Administrative Subcommittee directed
City staff to initiate an amendment of the Zoning Ordinance to allow for signs with dynamic
displays within the INS, Institutional District. A public hearing has been noticed for the
Planning Commission meeting on 2 April 2018 to consider the draft ordinance prepared by City
staff and provide a recommendation to the City Council.
Exhibits:
■ City of Minnetonka, Dynamic Signage Study (June 2007)
Draft ordinance amendment
■ Zoning Map
ANALYSIS
The Sign Ordinance provisions of the Zoning Ordinance currently prohibit use of any electronic
message displays except at motorfuel facilities and time/temperature signs. A major impetus of prior
Sign Ordinance updates has been to address potential applications for electronic signs in reaction to
court cases in Eden Prairie and Hopkins. Also, as part of a legal challenge regarding the validity of their
sign ordinance, Minnetonka completed an extensive study of electronic signs and display technology,
which is useful to Otsego officials in evaluating electronic sign options. These two studies (and other
similar studies) address:
■ Area Limits. Adopted ordinances have no set standard for allowed size of electronic signs.
The Minnetonka study notes that smaller signs may encourage more frequent image
changes.
■ Display Changes. There is a wide range of information that could be conveyed by a
dynamic display sign. The effectiveness of any sign will be based on its legibility for the
viewer to make out symbols and readability for the viewer to understand what the sign
is communicating. A sign ordinance may limit the frequency a dynamic display sign is
allowed to change from message to message. Sequencing or scrolling of messages
should also be prohibited so as to prevent a driver from being distracted while looking
for a longer period at two (or more) connected messages displayed on the sign.
The Federal Highway Administration recommends that no change occur more
frequently than every four seconds based on the minimum time needed for a driver to
understand and comprehend a message they are viewing on even the streets with the
slowest posted speed limits. Information from the American Planning Association
Planning Advisory Service publication Context -Sensitive Signage Design (June 2001)
indicates the minimum required legibility distances for a sign would be as follows for
various speeds:
Speed
MRLD
Travel
Distance/Sec.
Interval
30mph.
240 ft.
44 ft./sec.
5.5 sec.
35mph.
280 ft.
51 ft./sec.
5.5 sec.
40mph.
320 ft.
59 ft./sec.
5.4 sec.
45mph.
360 ft.
66 ft./sec.
5.5 sec.
50mph.
400 ft.
73 ft./sec.
5.5 sec.
55mph.
440 ft.
81 ft./sec.
5.4 sec.
Source: American Planning Association, TPC
The information in the table above establishes a minimum limit on the frequency of
display times of six seconds to minimize the number of display changes to one or
portions of two messages a viewer would be able to see and understand while passing a
dynamic display sign. This information would be for a sign developed to maximize
legibility and readability for which there are many variables as to the design of the sign
content, which the City does not regulate. Therefore, the Planning Commission may
consider six seconds to be the minimum time interval to be allowed, while considering a
longer period to account for potential lower quality in the design of the sign display
from a legibility and readability perspective effecting traffic.
2
Animation. The ability to display motion or direct video on an electronic sign has the
greatest potential for driver distraction. For this reason, most sign ordinances will prohibit
animation or other dynamic displays while allowing other forms of electronic messaging.
Additionally, some ordinances will also prohibit animation during the change in static
messages to avoid potentially distracting movements.
Brightness. Cities have attempted to regulate the brightness of electronic signs, which is one
of the most noticeable elements of electronic signs compared to static signs. Enforcement
can be problematic as illumination is difficult to field verify. Most regulations specify that the
electronic sign must be factory certified to not exceed a specific illumination level during
both daytime and nighttime hours. An automated dimmer control and photo cell must also
be required to regulate the illumination of the sign in relation to allowed brightness. Such
regulations have already been incorporated as part of the Sign Ordinance and would apply to
any allowance of dynamic display signs.
Compatibility. The Minnetonka study addresses potential compatibility issues of electronic
signs with adjacent residential areas. This issue can be addressed in relation to the
orientation of an electronic sign so as not to be visible from any surrounding residentially
zoned property or by setback requirements requiring separation of an electronic sign from
residential areas.
■ Location. Cities may regulate the allowed location of electronic signs by zoning district or
within specific zoning districts based on criteria such as frontage to arterial streets.
The City Council and Planning Commission have previously opposed allowance of dynamic
display signs in response to requests from business uses. The draft ordinance prepared by City
staff would allow dynamic display signs only within the INS District. Uses within the INS District
include City facilities, utilities, religious facilities, and public or private schools. Allowance of
electronic signs only for properties within the INS District and not for properties within business
and industrial districts is a legitimate time/place regulation. The allowance of dynamic display
signs for properties within the INS District would include:
Type of Display. The dynamic display signs are limited to electronic changeable copy
and electronic graphic display signs as defined by the draft City Code. Animation,
scrolling, or video effects are specifically prohibited.
Rate of Change. The rate of change allowed by the draft ordinance would be once
every six minutes to minimize the effects on driver distraction, traffic safety, or
community aesthetics. In establishing the initial limits on display duration, the standard
could be lowered to less than six minutes in the future after there has been opportunity
to evaluate the placement of one or more dynamic display signs in the City.
License. The operation of an electronic sign would require issuance of a license by the
City to ensure compliance with the performance standards as they may be adopted and
to provide an enforcement mechanism if the standards are not followed in operating
the sign. A license regulating operation of a dynamic is more easily administered than
a Zoning Ordinance based code.
Setbacks. The dynamic display sign must be located in a yard abutting an arterial or
collector street and setback a minimum of 50 feet from any residentially zoned
property. All signs are required to be 10 feet from front property lines.
■ Area. The area of a sign that includes a dynamic display would be the same 100 square
feet as currently allowed within the INS District. The sign may include both dynamic
displays or fixed displays as any portion of the overall sign.
Sign Structure. Proposed construction includes design requirements mandating that
the electronic sign be integral with a freestanding monument not taller than 16 feet in
height to ensure that the dynamic display is low to the ground and close to the street so
as to be most visible to traffic directly adjacent to the property; and at the same time
not distract drivers at a greater distance trying to read the sign.
RECOMMENDATION
City staff recommends approval of an ordinance amending the City Code and Zoning Ordinance
to allow dynamic display signs within the INS District.
POSSIBLE ACTIONS
A. Motion to recommend approval of an ordinance to allow of dynamic display signs
within the INS District,
B. Motion to recommend the proposed amendment be denied based on a finding that the
request is inconsistent with the Comprehensive Plan.
C. Motion to table.
C. Adam Flaherty, City Administrator/Finance Director
Tam! Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
Dr. Daniel Bittman, ISD 728
M
"DYNAMIC" SIGNAGE:
RESEARCH RELATED TO DRIVER DISTRACTION
AND
ORDINANCE RECOMMENDATIONS
Submitted by
SRF Consulting Group, Inc.
Prepared for
City of Minnetonka
June 7, 2007
Al
TABLE OF CONTENTS
Pal4e No.
1.0
INTRODUCTION.....................................................................................................
1
2.0
PURPOSE OF STUDY AND METHODOLOGY ........................ .......... .......... I .... ...
1
3.0
SELECTED RESEARCH FINDINGS......................................................................
2
3.1
Expert Opinions.............................................................................................
3
3.2
Billboards: a Source of Driver Distraction?...................................................
4
3.3
"Dynamic' Billboards: an Additional Source of ..........................................
6
Driver Distraction?
3.3.1 Other Information..............................................................................
9
3.4
How Much Distraction Is a Problem?............................................................
10
3.5
How Does "Brightness" Affect Driver Distraction? ......................................
15
3.6
Billboard and Other Signage Regulation: a ..................................................
16
Minnesota Perspective
3.7
Billboard and Other Signage Regulation: Other ...........................................
16
Perspectives
4.0
SUGGESTED REGULATORY APPROACH..........................................................
19
4.1
Definitions......................................................................................................
19
4.2
Types of Regulatory Measures......................................................................
19
4.2.1 Complete or Partial Prohibition of Electronic Signs ..........................
19
4.2.2 Size Limitations on Electronic Signs .................................................
20
4.2.3 Rate -of -Change Limitations on Electronic Signs ..............................
20
4.2.4 Motion, Animation, or Video Limitations on Electronic Signs.........
21
4.2.5 Sign Placement and Spacing..............................................................
22
4.2.6 Text Size............................................................................................
22
4.2.7 Brightness Limitations on Electronic Signs .......................................
23
4.3
Public Review................................................................................................
24
5.0 CONCLUSIONS AND RECOMMENDATIONS.................................................... 25
Appendix A — Current Sign Technologies
Appendix B — Outdoor Advertising Sign Brightness Definitions
Appendix C — Electronic Outdoor Advertising Device Visual Performance Definitions
M,
LIST OF TABLES
Page No.
Table 1: FHWA Reanalysis of Faustman's Findings...................................................... 5
Table 2: Crash Causation Summary................................................................................ 11
Table 3: Percentage of CDS Crashes Involving Inattention- .......................................... 12
Distraction Related Crash Causes
Table 4: Specific Sources of Distraction Among Distracted Drivers :............................ 12
Table 5: Telespot Sign Crash Rates - Expressway Southbound ..................................... 13
Table 6: Telespot Sign Crash Rates -Expressway Northbound ....................................... 14
Table 7: Number of New Messages Displayed at Various Driver Speeds and ............... 21
Time Intervals Between Messages
LIST OF FIGURES
Pal4e No.
Figure 1: VicRoads' Ten Point Road Safety Checklist .................................................... 18
jAU
1.0 INTRODUCTION
This study was precipitated by concerns raised by the City of Minnetonka, Minnesota in regard
to the installation of two LED ("light emitting diode") billboards along Interstate 394 and
Interstate 494. The LED function was applied to two existing "static" image billboards located
adjacent to the interstate. Following installation of the LED function, the City turned off the
power to the signs though a stop work order based on current city ordinance prohibiting flashing
signs, which is broadly defined, as well as permitting requirements for the retrofitting of the
signs to the upgraded technology. The billboard owner sued the City, and the court response to
this legal action as of the writing of this study has been to allow limited use of the LED
billboards. A moratorium on further signage of this type was established by the City to facilitate
the study of issues related to driver distraction and safety and appropriate regulatory measures
for LED and other types of changeable signage.
This study was undertaken on behalf of the City of Minnetonka to examine these issues. While
the concerns were precipitated by LED billboards in particular, this report examines more
broadly "dynamic" display signage which is defined as any characteristics of a sign that appear
to have movement or that appear to change, caused by any method other than physically
removing and replacing the sign or its components, whether the apparent movement or change is
in the display, the sign structure itself, or any other component of the sign. This includes a
display that incorporates a technology or method allowing the sign face to change the image
without having to physically or mechanically replace the sign face or its components. This also
includes any rotating, revolving, moving, flashing, blinking, or animated display and any display
that incorporates rotating panels, LED lights manipulated through digital input, "digital inlc" or
any other method or technology that allows the sign face to present a series of images or
displays. These capabilities may be provided by a variety of technologies which are discussed
later in this report.
As the study progressed, additional communities within the Twin Cities Metropolitan Area, as
well as the League of Minnesota Cities, expressed interest in these issues. However, it is not the
intention of this report to provide a comprehensive study of all issues raised by dynamic signage,
or other types of billboards, but rather to focus narrowly on the issues of concern to the City of
Minnetonka.
2.0 PURPOSE OF STUDY AND METHODOLOGY
Driving a motor vehicle is a complex task that requires the ability to divide one's attention.
Simultaneously maintaining a steady and legal speed, changing lanes, navigating traffic and
intersections, reading and interpreting street signs, drivers are often challenged by conditions that
can change in the blink of an eye. Internal and external physical conditions can affect how safely
the driving task is accomplished. Drug or alcohol intoxication, fatigue and/or distractions in the
driving environment all can play a role in motor vehicle crashes. However, these conditions are
rarely the sole reason for a crash. Rather, these conditions serve to exacerbate an already -
complex driving environment and subsequent mistakes in judgment can lead to crashes.
rA4
Increasingly complex traffic and roadway environments require greater attention to and focus on
the driving task.
The purpose of this study is to understand what existing transportation research tells us about the
effects of dynamic signs on motorists. This study also explores regulatory measures enacted in
other jurisdictions to address concerns related to driver distraction. Due to time and scope
constraints, this report is not comprehensive, but rather addresses the most frequently cited and
easily accessible information available. The report concludes with a discussion of regulatory
options for the City of Minnetonka to consider in their formulation of policies to address
dynamic signage.
Information collected for this report draws from a variety of sources including interviews with
subject matter experts, government and academic research, and policies developed to regulate
various types of signage.
Several city and county sign ordinances were used as references for policy and regulatory
research. In some cases, ordinances were brought to our attention by planners and others
following the sign ordinance issue. In others, Internet searches were conducted using words and
references that apply specifically to dynamic signs.
Several sign manufacturers and sign companies provided an industry perspective through a
workshop with the SRF Consulting Group and the City of Minnetonka staff on February 27,
2007. This meeting yielded information about sign characteristics that can be addressed through
policy and regulatory measures. Daktronics, a company that manufactures and markets LED
signs, was also helpful in this regard, providing informational materials about characteristics of
signs that can be regulated and examples of city sign ordinances with which they are familiar.
3.0 SELECTED RESEARCH FINDINGS
This following section presents a summary of expert opinions and selected driver distraction
research conducted by government and academic researchers examining roadside signage and its
effects on the driving task. Studies are organized around critical questions with serious research
ramifications.
• Is there reason to believe that billboards are a source of distraction?
• Is there reason to believe that "dynamic" billboards are an additional source of
distraction?
• How, much distraction is a problem?
• Houv does "brightness" affect driver safety concerns?
• How should billboards and other signage be regulated from a driver safety perspective?
2A5
3.1 Expert Opinions
A combination of researchers and public policy experts were interviewed for this study.
Individuals were identified while conducting background research into driver distraction and
were interviewed because of their credibility in the field.
Kathleen Harder, a researcher at the University of Minnesota, has conducted driver
distraction research for a variety of applications, including research for Mn/DOT. She is
an expert in the field of human factors and psychology. She indicated that electronic
billboards pose a driver distraction threat because of their ability to display high
resolution color images, their ability to change images, and their placement in
relationship to the roadway, particularly in areas where the road curves, exits and
entrances are present, merges, lane drops, weaving areas, key locations of official signs,
and/or areas where roadways divide.
Greg Davis, a researcher with the FHWA Office of Safety Research and Development,
in Washington, DC was involved in the 2001 FHWA study on electronic billboards. He
was interviewed to gain a deeper understanding of this critical study and to learn of
recent research in this area. Davis stated that while no research has established a direct
cause and effect relationship between electronic outdoor advertising signs and crash rates,
the lack of such a research finding does not preclude a causal relationship between
electronic billboards and crashes. He advocated for a new study that can control all
variables and determine if a cause and effect relationship exists.
Scott Robinson, an outdoor advertising regulator for Mn/DOT, wrote the 2003 technical
memorandum that addresses allowable changes for outdoor advertising devices. Mr.
Robinson indicated that the memo was originally written in 1998 to establish a permitted
rate of change for tri -vision signs and that the application to electronic billboards was not
considered. The minimum change rate of 4.9 seconds for 70 mph roadways and 6.2
seconds for 55 mph roadways was based on the travel time between static signs spaced at
the minimum allowed distance apart. Mr. Robinson also indicated that the memo is not a
Mn/DOT policy, statute or rule, but rather it was written to provide internal guidance.
Jerry Wachtel, an Engineering Psychologist and highway safety expert in private
practice, was the lead author for the FHWA's original (1980) study on electronic
billboards. He has continued his active involvement in this field, and advises Government
agencies as well as the outdoor advertising industry on sign ordinances, sign operations,
and the implications of the latest research on road safety. Mr. Wachtel believes that it is
neither feasible from the perspective of research design and methodology, nor necessary
from a regulatory perspective, to demonstrate a causal relationship between digital
billboards and road safety. Rather, he believes that we have a strong understanding, based
on many years of research, of driver information processing capabilities and limitations,
and of the contributions to, and consequences of, driver distraction, on crash risk; and
that this understanding is sufficient to support development of guidelines and ordinances
for the design, placement, and operation of digital billboards so as to lessen their
potentially adverse impact on road safety and traffic operations.
Wachtel also offered comments on drafts of this report. In later conversations related to
his review, Wachtel stated his belief that even though visual fixations on roadway signs
decrease as route familiarity increases, a strength of the new digital billboards is that they
can present messages that are always new. Thus, the conclusion from the 1980 FHWA
study is another argument against these billboards; namely, drivers spend more time
looking at the unfamiliar signs than at familiar ones, suggesting digital billboards are
more dangerous than traditional fixed billboards. Wachtel also suggested his preference
for a goal to have any given driver experience only one, or a maximum of two, messages
from an individual roadside sign.
3.2 Billboards: a Source of Driver Distraction?'
The purpose of a sign is to attract the attention of passersby so that a message is conveyed. To
the degree signs attract the attention of vehicle drivers, they may distract them from the activity
of driving. While this report primarily examines the impact of dynamic roadside advertising, the
role traditional static advertising plays in driver distraction is discussed below.
The relationship between roadside advertising and crash rates has been the subject of several
studies. The majority of this research was conducted in the 1950s, 60s and 70s. While some of
the earliest studies have been subsequently criticized for flawed methodologies and improper
statistical techniques, some findings emerge when the totality of the studies are examined. One
of these findings is that the correlation between crash rates and roadside advertising is strongest
in complex driving environments. For example, higher crash rates were found at intersections
(generally considered a complex environment) that have advertising than those intersections that
do not have advertising. A few of the studies that are important in this field are summarized
below.
Minnesota Department of Transportation Field Study (1951) and
Michigan State Highway Department Field Study (1952)'
These two studies from the early 1950s used similar methods but came to significantly
different conclusions. Recognized as the more scientifically rigorous study, the
Minnesota study found that increases in the number of advertising signs per mile are
correlated with increases in motor vehicle crash rates. It also found that intersections
with at least four advertising signs experienced three times more crashes than
intersections with no advertising signs. Conversely, the less rigorous Michigan study
found the presence of advertising signs had no effect on the number of crashes.
Iowa State College, Do Road Signs Affect Accidents? (Lauer & McMonagle, 1955)3
A laboratory test was created to determine the effect of advertising signs on driver
behavior. The results of this study found removing all advertising signs from the driver's
field of vision did not improve driver performance. When signs were included, driver
performance was slightly better. Note that laboratory methods used in this study are
considered to be dated by today's standards.
X47
Faustman (California Route 40) Field Study (1961) and Federal Highway
Administration, Reanalysis of Faustman Field Study (1973)5
Two studies that appear to have stood the test of time are Faustman's original analysis of
California Route 40 and its re-examination by FHWA more than a decade later. The
original analysis tried to improve upon previous research by limiting variables, such as
roadway geometric design and roadway access controls. The FHWA reanalysis focused
on disaggregating the data and converting actual crashes to expected crash rates on
specific roadway sections. Each of the sections was given a value based on the number
of billboards on the section. A linear regression was performed to determine the
expected crash rates. An analysis of variance of the regression coefficients found that the
number of billboards on a section was statistically significant. The reanalysis found a
strong correlation between the number of billboards and crash rates as shown in Table 1.
Table 1. FHWA Reanalysis of Faustnian's Findings.
Federal Highway Administration
Safety and Environmental Design Considerations in the Use of Commercial
Electronic Variable -Message Signage (Wachtel & Netherton, 1980) 6
This extensive review provides a comprehensive discussion of roadside advertising
research as of 1980. The study authors noted "attempts to quantify the impact of roadside
advertising on traffic safety have not yielded conclusive results." The authors found that
courts typically rule on the side of disallowing billboards because of the "readily
understood logic that a driver cannot be expected to give full attention to his driving tasks
when he is reading a billboard." Because the distraction evidence is not conclusive, these
decisions were generally not based on empirical evidence.
The research review noted that accident reports often cite "driver distraction" as a default
category used by uncertain law enforcement officers who must identify the cause of a
crash. As a result, the authors believe crashes due to driver distraction are not always
properly identified. In addition, law enforcement officers often fail to indicate the precise
crash locations on crash reports, making it difficult to establish relationships between
crashes and roadside features.
Expected No. of
Cumulative Increase
No. of Billboards
Accidents in a
in Accident Rate
5 -year Period
0
5.92
1
6.65
12.3
2
7.38
24.2
3
8.11
37.0
4
8.84
49.3
5
9.57
61.7
Federal Highway Administration
Safety and Environmental Design Considerations in the Use of Commercial
Electronic Variable -Message Signage (Wachtel & Netherton, 1980) 6
This extensive review provides a comprehensive discussion of roadside advertising
research as of 1980. The study authors noted "attempts to quantify the impact of roadside
advertising on traffic safety have not yielded conclusive results." The authors found that
courts typically rule on the side of disallowing billboards because of the "readily
understood logic that a driver cannot be expected to give full attention to his driving tasks
when he is reading a billboard." Because the distraction evidence is not conclusive, these
decisions were generally not based on empirical evidence.
The research review noted that accident reports often cite "driver distraction" as a default
category used by uncertain law enforcement officers who must identify the cause of a
crash. As a result, the authors believe crashes due to driver distraction are not always
properly identified. In addition, law enforcement officers often fail to indicate the precise
crash locations on crash reports, making it difficult to establish relationships between
crashes and roadside features.
Accident Research Unit, School of Psychology, University of Nottingham
Attraction and distraction of attention with roadside advertisements (Crundall et
al., 2005) 7
This research used eye movement tracking to measure the difference between street -level
advertisements and raised advertisements in terms of how they held drivers' attention at
times when attention should have been devoted to driving tasks. The study found that
street -level advertising signs are more distracting than raised signs.
3.3 "Dynamic" Billboards: an Additional Source of Distraction?
Signage owners or leasers want to incorporate dynamic features into their signage for a number
of reasons: to enhance the sign's ability to attract attention, to facilitate display of larger amounts
of information within the same sign area, to conveniently change message content, and to
enhance profitability. As mentioned earlier, this report uses the term "dynamic" signs to refer to
non -static signs capable of displaying multiple messages. Several studies documented the ability
of a sign to accomplish the first of these goals.
University of Toronto
Observed Driver Glance Behavior at Roadside Advertising Signs (Beijer & Smiley,
2004) e
Research done at the University of Toronto compared driver behavior subject to passive
(static) and active (dynamic) signs. The study found that about twice as many glances
were made toward the active signs than passive signs. A disproportionately larger
number of long glances (greater than 0.75 seconds) taken were toward the active signs.
The duration of 0.75 seconds is important because it is close to the minimum perception -
reaction time required for a driver to react to a slowing vehicle. For vehicles with close
following distances, or under unusually complex driving conditions, a perception delay of
this length could increase the chance of a crash. The following findings were reported in
this study:
• 88% of the subjects made long glances (greater than 0.75 seconds).
• 22% of all glances made at all signs were long glances (greater than 0.75 seconds).
• 20% of all the subjects made long glances of over two seconds.
• As compared to static and scrolling text signs, video and tri -vision signs attracted
more long glances.
• Video and scrolling text signs received the longest average maximum glance
duration.
• All three of the moving sign types (video, scrolling text and tri -vision) attracted more
than twice as many glances as static signs.
University of Toronto
Impact of Video Advertising on Driver Fixation Patterns (Smiley et al., 2001)'
Another study completed at the University of Toronto used similar eye fixation
information in urban locations to show that drivers made roughly the same number of
glances at traffic signals and street signs with and without full -motion video billboards
present. This may be interpreted to mean that while electronic billboards may be
distracting, they do not appear to distract drivers from noticing traffic signs. This study
also found that video signs entering the driver's line of sight directly in front of the
vehicle (e.g., when the sign is situated at a curve) are very distracting.
City of Seattle Report (Wachtel, 2001)10
The City of Seattle commissioned a report in 2001 to examine the relationship between
electronic signs with moving/flashing images and driver distraction. The report found
that electronic signs with moving images contribute to driver distraction for longer
intervals than electronic signs with no movement. Following are major points made in
the report:
• New video display technologies produce images of higher quality than previously
available technologies. These signs have improved color, image quality and
brightness.
• New video display technologies use LEDs with higher viewing angles. Drivers can
read the sign from very close distances when they are at a large angle from the face of
the sign.
• Signs with a visual story or message that carries for two or more frames are
particularly distracting because drivers tend to focus on the message until it is
completed rather than the driving task at hand.
• Research has shown that drivers expend about 80 percent of their attention on driving
related tasks, leaving 20% of their attention for non-essential tasks.
• The Seattle consultant suggests a "10 second rule" as the maximum display time for a
video message.
The expanded content of a dynamic sign also contributes to extended distraction from the
driving task. The Seattle Report examined how this may be due in part to the Zeigar•nik
effect which describes the psychological need to follow a task to its conclusion. People's
attention is limited by the ability to only focus on a small number of tasks at a time, and
by the tendency to choose to complete one task before beginning another. In a driving
environment, drivels' attention might be drawn to the sign rather than the task of driving
because they are waiting to see a change in the message. This loss of attention could lead
to unsafe driving behaviors, such as prolonged glances away from the roadway, slowing,
or even lane departure.
. kl0
While the Zeigarnik effect may be present in a wide variety of driving situations, possible
scenarios that could affect drivers include:
• A scrolling message requires the viewer to concentrate as the message is revealed.
Based on the size and resolution of the sign, and the length of the message, this could
range from less than one second to many seconds.
• A sequence of images or messages that tell a story, during which the driver's
attention may be captured for the entire duration that the sign is visible. Instead of
merely glancing at the sign and then returning concentration to the driving task, more
attention may be given to the message.
• Anticipation of a new image appearing, even if the expected new image is not related
to the first image. In this case, the driver may be distracted while waiting for the
change.
Federal Highway Administration
Safety and Environmental Design Considerations in the Use of Commercial
Electronic Variable -Message Signage (Wachtel & Netherton, 1980)"
This research provides information on the use of on -premise Commercial Electronic
Variable -Message Signs (CEVMS) that display public service information (i.e,. time and
temperature) and advertising messages along the Interstate highway system. The
research found the following major considerations:
Highway Safety Considerations
The link between changing messages that attract drivers' attention and crashes has
been an issue of concern since the earliest forms of electronic signage became
available. This study thoroughly reviewed the literature seeking information
regarding a potential link between CEVMS and crashes:
"Although a trend in recent findings has beVin to point to
a demonstrable relationship between CEVMS and
accidents, the available evidence remains statistically
insufficient to scientifically sapport this relationship. "
The study also noted that studies have not documented information about "such
occurrences as `near misses' or traffic impedances that are widely recognized as
relevant to safety, and which may or may not be attributable to the presence of
roadside advertising."
• Human Factors Considerations
Human factors relate to all the elements that explain driver behavior, such as eye
glances and driver responses to a variety of driving -related stimuli. The study makes
the point that simple driving -related tasks consume relatively little information
processing capacity. However, when other conditions, such as congestion,
complicated roadway geometries, or weather are also considered, the marginal extra
#11
amount of attention required to read roadside advertisements could lead to driving
errors that could cause crashes.
"The enormous flexibility of display possessed by CEV1YI8
makes it possible to use them in ways that can attract
drivers' attention at greater distances, hold their attention
longer, and deliver a w4der° variety of information and
image stimuli than is possible by the use of conventional
advertising signs. "
Texas Transportation Institute for FHWA, Impacts of Using Dynamic Features to
Display Messages on Changeable Message Signs (Dudek et al., 2005)'2
This study examined the comprehension times for three different scenarios for
DOT -operated changeable message signs. The scenarios evaluated were:
• Flashing an entire one -phase message
• Flashing one line of a one -phase message while two other lines of the message remain
constant
• Alternating text on one line of a three -line CMS while keeping the other two lines of
text constant on the second phase of the message
The findings of this study were:
• Flashing messages did not produce faster reading times.
• Flashing messages may have an adverse effect on message comprehension for
unfamiliar drivers.
• Average reading times for flashing line messages and two-phase messages were
significantly longer than for alternating messages.
• Message comprehension was negatively affected by flashing line messages.
While this research did not evaluate advertising -related signs, it does demonstrate that
flashing signs require more of the driver's time and attention to comprehend the message.
In the case of electronic billboards, this suggests that billboards that flash may require
more time and attention to read than static ones.
3.3.1 OTHER INFORMATION
NHTSA Driver Distraction Internet Forum (2000)13
The National Highway Traffic Safety Administration held an internet forum to gather
research and public comment related to driver distraction with an emphasis on the use of
cell phones, navigation systems, wireless Internet and other in -vehicle devices. During
this forum, participants were invited to take a poll to determine the most prominent driver
#12
distraction issues. Electronic billboards were identified as one of six noted sources of
distraction.
Parliament of Victoria, Australia, Report of the Road Safety Committee on the
Inquiry into Driver Distraction (2006)'4
This report identified road signs and advertising as one of the largest sources of driver
distraction. At least three billboards near Melbourne, Australia display moving images.
"The Committee considers these screens to be at the high
end of potential visual distraction and accordingly, present
a risk to drivers.
The study also included a quote from the Manager of the Road User Behaviour group at
VicRoads (the State's road and traffic authority) from a December 2005 hearing:
What we do knoiv is when there is movement involved, such
as flicker or movement in the visual periphery, that this is
more likely to capture a driver's attention. We actually are
hard -wired as human beings to movement, so particularly
moving screens and information that scrolls at
intersections and in highly complex driving situations —
these are rislq), and in particular researchers have been
most concerned about those sort of advertising materials.
This opinion would suggest that electronic signs can present a distraction to drivers.
3.4 How Much Distraction Is a Problem?
A number of studies were identified that discussed concerns with driver distraction generally, It
should be noted that some of the studies cited use specific crash data that is ten or more years
old. Direct comparison of distraction sources to influences of today may not be completely valid
due to increased technological sophistication of distracting influences. These could include in -
vehicle technology (e.g., navigation systems, MP3 players, DVD players, CD players, computer
systems, etc.) as well as other potentially distracting influences (e.g., cell phones, text messaging,
dynamic signage, other roadway elements, etc.) that were not commonplace when the data for
these studies was collected:
Australian Road Research Board
Investigations of Distraction by Irrelevant Information (Johnston & Cole, 1976)'
This research used five experiments to test whether drivers could maintain efficient
performance in their driving tasks while being subjected to content that was information
rich, but irrelevant to driving. The findings were that a small, but statistically significant
amount of performance degradation was observed when the participant was under a
critical load of stimuli.
.x,13
National Highway Traffic Safety Administration/ Virginia Tech Transportation
Institute
Impact of Driver Inattention on Near CrashlCrash Risk: An Analysis Using the
100 -Car Naturalistic Driving Study Data (Kiauer et al., 2006)16
This study analyzed the data from a driving database developed by the National Highway
Traffic Safety Administration. This database contained exhaustive data recorded by
instrumented vehicles that measured glance position, impairment, drowsiness, risk taking
and many other parameters potentially involved in crash causation. Vehicles were
instrumented so that an observer did not need to be in the vehicle to collect data.
Automated data collection reduced the problem of an observer influencing driver
behavior. The study found that glances of two seconds or greater doubled the risk of
crashes or near -crashes. The study also found that 22 percent of crashes are accompanied
by "secondary -task" distraction whether inside or outside the vehicle.
National Highway Traffic Safety Administration/ Virginia Tech Transportation
Institute
Driver Inattention is a Major Factor in Serious Traffic Crashes (2001)17
The National Highway Traffic Safety Administration commissioned a study to examine
the causes of crashes. The study gathered information from four areas throughout the
country and used data from the National Automotive Sampling System (MASS) from
April 1996 -April 1997 for analysis. The geographic areas were selected because they had
good crash investigation practices and high interview completion rates. The results of
this study are summarized in Table 2.
Table 2, Crash Causation Summary
Other
8.8
Association for the Advancement of Automotive Medicine
The Role of Driver Inattention in Crashes; New Statistics from the
1995 Crashworthiness Data System (Wang, 1996)i8
This report analyzed the NHTSA 1995 Crash Worthiness Data System (CDS). It found
that the greatest source of driver distraction (3.2 percent) was due to a specified person,
object or event outside the vehicle. The full results of the study are presented in Table 3.
1414
Percentage of Drivers
Causal Category
Contributing to Causation
Driver Inattention
22.7
Vehicle Speed
18.7
Alcohol Impairment
18.2
Perceptual Errors
15.1
Decision Errors
10.1
Incapacitation
6.4
Other
8.8
Association for the Advancement of Automotive Medicine
The Role of Driver Inattention in Crashes; New Statistics from the
1995 Crashworthiness Data System (Wang, 1996)i8
This report analyzed the NHTSA 1995 Crash Worthiness Data System (CDS). It found
that the greatest source of driver distraction (3.2 percent) was due to a specified person,
object or event outside the vehicle. The full results of the study are presented in Table 3.
1414
Table 3. Percentage of CDS Crashes Involving Inattention -Distraction
Related Crash Causes
Data Element
of
Drivers
% of
- Crashes .
Attentive or not distracted
46.6%
:28.4%
Looked but did not see
.5.6%
9.7%
Disfirge" by other occupant [ ecif!5A
0.9.%
1;6%
Distracwd by moving objeot in vehicle [We 6ed]
0.3%
015%
Distracted while'dialing; talking, or listening to cellular
phone'(looatim and typa of phone speoified]
0.1%0
0,1 %@
Distracted While adjusting climato controls
0;2%@
0.3
Distracted while adjusting radio, cassette, CD (specified)
1.2%
8.6
Distracted white using other device/object in vehiole
[ ecified]
0.1%
0.2%
SleepY or fell asleep
1,5%
2.6%
Distracted by outside person, ob eot, or event [ ified)
2.0%
3.2%
Hating or drinking
0.1%
.0;2%
Smoking-related
011%
042%
Distracted/inattentive; details unknown
1.5%
2.6%
Other distraction [speoifi6d]
1.3 %
2.2%
Unknown/No Driver
30%
46,0%
Weighted driver N a 4,627,000 (7,943, unweighted); weighted crash N + 2,619,000 (4,536);
1n order for a crash to classified'gnentive," all involved drivers had to be classified `attentive"
a egtuiiete ba'sed,on 54 9nsem,
University of North Carolina Highway Safety Research Center
The Role of Driver Distraction in Traffic Crashes (Stutts et al., 2001)19
A study prepared by the University of North Carolina Highway Safety Research Center
for the AAA. Foundation for Traffic Safety examined the sources of driver distraction in
traffic crashes. The data came from the CDS from 1995-1999. Of the thirteen specific
sources of distraction tracked by the study, the greatest source of distraction was an
outside person, object or event. While the study does not break down the sources of
outside distraction, it does show that distractions outside the vehicle are the largest factor
in distraction -related crashes. The results of this study are presented in Table 4.
Table 4. Specific Sources ofDstraction Among Drivers in Distraction Related Crashes
Specific Distraction
Percentage of
Drivers
Outside person, object or event
29.4
Adjusting radio, cassette, CD
11.4
Other occupant in vehicle
10.9
Moving object in vehicle
4.3
Other device/object brought into vehicle
2.9
Adjusting vehicle/climate controls
2.8
Eating or drinking
1.7
Using/dialing cell phone
1.5
Smoking related
0.9
Other distraction
25.6
Unknown distraction
8.6
Total
100.0
415
Three studies were found which attempted to measure driver behavior specifically in response to
dynamic signage. Two of these studies demonstrated a potential relationship between dynamic
signage and crash rates;
Minnesota Department of Transportation, The Effectiveness and Safety of Traffic
and Non -Traffic Related Messages Presented on Changeable Message Signs
(CMS) (Harder, 2004) 21
This study used a driving simulator to measure the effect of Department of
Transportation changeable message signs on traffic flow. The two messages evaluated
were a "crash ahead" warning and an AMBER Alert (child abduction information). The
research found that just over half of the participants used the "crash ahead" message and
60 percent could recall the AMBER Alert with scores of Good or Better. Over one fifth
of the participants slowed down by at least 2 mph upon seeing the AMBER Alert,
demonstrating that messages relevant to drivers are associated with changes in at least
some drivers' travel speed .
Decision of the Outdoor Advertising Board in the Matter of John Donnelly & Sons,
Permitee, Te/espot of New England, Inc., Intervenor, and Department of Public
Works, Intervenor, with Respect to Permit Numbered 19260 as Amended (1976) 21
This proceeding documents the Commonwealth of Massachusetts Outdoor Advertising
Board's ruling regarding one of the first changeable signs. This sign was located near an
arterial road in Boston and used magnetic discs to portray a message that changed every
30 seconds. The original sign permit was rejected based on four criteria, one of which
was safety. Upon appeal, the Massachusetts Department of Public Works allowed the
permit based on the fact that the sign would give the public a benefit. However, they
ultimately determined that the sign was a safety hazard based on crash rates before and
after the sign was installed. Tables 5 and 6 show the change in crash rates.
Table 5. Telespot Sign Crash Rates - Expresstimy Southbound
Ct
Average
Average
Average
per year
per year
Percent
(1/1/1970-
(1/1/1973-
Change
12/31/1972)
3/31/1975
Crashes where
the sign was viewable
29.0
20.0
-31.0
north of sign)
Crashes where
the sign was not viewable
39.0
15.6
-60.0
south of sign)
Ct
Table 6. Telespot Sign Crash Rates - Expressway Nor-thbound
This analysis shows that while crash rates decreased on comparable sections in the years
after the sign was installed, the sections where the sign was visible experienced smaller
crash rate decreases. Due to these arguments, the Board ruled that the operation of the
sign must be terminated.
Wisconsin Department of Transportation
Milwaukee County Stadium Variable Message Sign Study — Impacts of an
Advertising Variable Message Sign on Freeway Traffic (1994) 22
A study prepared by the Wisconsin Department of Transportation (WisDOT) examined
crash rates before and after an advertising variable message sign was installed in 1984 on
the Milwaukee County Stadium, home of the Milwaukee Brewers professional baseball
team. Crash statistics were analyzed for the three years before and the one and three
years after the sign was installed. As they are often associated with driver distraction,
side -swipe and rear -end crashes, as well as total crashes, were examined for both the
eastbound and westbound directions. The sign was much more visible to eastbound
traffic due to the stadium's proximity to the roadway and the amount of visual
obstructions for westbound traffic.
The analysis found an increase in crash rates for all crash types in the eastbound direction
after the sign was installed. Most pronounced was an 80 percent increase in side -swipe
crashes after the first year of installation. Results in the westbound direction were mixed,
with a 29 percent decrease in crashes the first year the sign was in place and a 35 percent
increase in the three years the sign was in place. Although no control roadway sections
were studied, an interview with the study author revealed that the introduction of a sign
on a high volume curving roadway may have introduced enough distraction to an already
demanding driving environment to explain the higher crash rate in the eastbound
direction. The study author also stated that the study was not able to establish a causal
relationship between the sign and the crash rates.23
Federal Highway Administration
Research Review of Potential Safety Effects of Electronic Billboards on Driver
Attention and Distraction (2001 ) 21
The Federal Highway Administration published a comprehensive report in 2001 that
consisted of a literature search, literature review and a description of research needs for
417
Average per year
Average per year
Average
(1/1/1970-
(1/1/1973-
Percent
12/31/1972)
3/31/1975)
Change
Crashes where
the sign was viewable
46.3
42.7
-7.8
south of sign)
Crashes where
the sign was not viewable
8.0
1.8
-77.5
north of sign)
This analysis shows that while crash rates decreased on comparable sections in the years
after the sign was installed, the sections where the sign was visible experienced smaller
crash rate decreases. Due to these arguments, the Board ruled that the operation of the
sign must be terminated.
Wisconsin Department of Transportation
Milwaukee County Stadium Variable Message Sign Study — Impacts of an
Advertising Variable Message Sign on Freeway Traffic (1994) 22
A study prepared by the Wisconsin Department of Transportation (WisDOT) examined
crash rates before and after an advertising variable message sign was installed in 1984 on
the Milwaukee County Stadium, home of the Milwaukee Brewers professional baseball
team. Crash statistics were analyzed for the three years before and the one and three
years after the sign was installed. As they are often associated with driver distraction,
side -swipe and rear -end crashes, as well as total crashes, were examined for both the
eastbound and westbound directions. The sign was much more visible to eastbound
traffic due to the stadium's proximity to the roadway and the amount of visual
obstructions for westbound traffic.
The analysis found an increase in crash rates for all crash types in the eastbound direction
after the sign was installed. Most pronounced was an 80 percent increase in side -swipe
crashes after the first year of installation. Results in the westbound direction were mixed,
with a 29 percent decrease in crashes the first year the sign was in place and a 35 percent
increase in the three years the sign was in place. Although no control roadway sections
were studied, an interview with the study author revealed that the introduction of a sign
on a high volume curving roadway may have introduced enough distraction to an already
demanding driving environment to explain the higher crash rate in the eastbound
direction. The study author also stated that the study was not able to establish a causal
relationship between the sign and the crash rates.23
Federal Highway Administration
Research Review of Potential Safety Effects of Electronic Billboards on Driver
Attention and Distraction (2001 ) 21
The Federal Highway Administration published a comprehensive report in 2001 that
consisted of a literature search, literature review and a description of research needs for
417
the topic of electronic billboards (EBBs). While the study did not conduct any new
research, it does provide an excellent summary of the role electronic billboards play in
traffic safety and includes good descriptions of the terminology related to electronic
billboards. Selected findings from that synthesis are provided below:
"In most instances, researchers mere not able to verb that an
EBB wws a major factor in causing a crash. Only one study
since the 1980 review and one laivsuit were identified. "
"Studies mt ere identified that verified that.- an increase in
distraction, a decrease in conspicitiiy, or a decrease in
legibility may cause an increase in the crash rate. "
"Commercial EBBS are designed to `catch the eye' of drivers.
Their presence niay distract drivers frons concentrating on the
driving task and visual surrounds. "
"There is indication that individual differences in age and
driving experience may be important considerations in driver
distraction, and are relevant to understanding driver responses
to the external environment. Furthermore, research regarding
driver familiarity of their route demonstrated that visual
fixations on roadway signs decreases as route familiarity
increases. This research may shoii, that there is a difference
between committer and visiting drivers. "
Based on these findings, the FHWA recommended additional research to further
demonstrate how roadway characteristics, sign characteristics and legibility, driver
characteristics and other potential driver distractions affect traffic safety. FHWA was
contacted to see if any new information was available. Greg Davis, a Research
Psychologist with the FHWA Office of Safety R&D, indicated that the FHWA has not
performed additional studies on the topic since the report was published. He stated that
there is "no direct correlation between electronic outdoor advertising signs and crash
rates". He referred to a before/after study of electronic signs installed along a freeway in
Las Vegas that found no change in crash rates. He went on to say that the lack of a
research finding that links signs with crash rates does not mean that a causal relationship
does not exist. He indicated that he has been contacted by several law enforcement
agencies regarding the link between driver distraction and dynamic message
signs/electronic billboards. He indicated that this is a timely and pertinent topic for many
states due to the increasing popularity and capabilities of electronic outdoor advertising
devices, and he expects further research to be forthcoming. He advocates for a new study
that can control for all variables and determine if a cause and effect relationship exists.25
3.5 How Does `Brightness" Affect Driver Safety Concerns?
The brightness of any sign, static or dynamic, raises concerns with discomfort or disability glare
to the driver that may arise when viewing any lighted object. Disability Glare occurs when a
418
driver is exposed to a light source so bright that it temporarily blinds the driver, impairing their
ability to perform driving tasks. This temporary blindness is brief, but can be dangerous.
Discomfort Glare occurs when a light source is bright enough to distract or encourage the driver
to look away from the light, but is not blinding. Discomfort glare is of particular concern in
cases where a bright sign is located in the same line of sight as a traffic sign, signal or another
vehicle.
While concerns about glare are not unique to dynamic signs, newer sign technologies, which
often include dynamic components, have the technical capability to emit more light and/or
respond to ambient light conditions, raising additional concerns about sign brightness in areas
where signs compete with regulatory traffic signs or signals.
3.6 Billboards and Other Signage Regulation: a Minnesota Perspective
Roadside signage is governed by policies and laws at the federal, state and local levels.
Minnesota Statute, Chapter 173 seeks to "reasonably and effectively regulate and control the
erection or maintenance of advertising devices on land adjacent to such highways." The statute
requires adherence to federal statutes with respect to interstate and primary systems of highways.
Minnesota Statute Ch. 173.16 Subd. 3. regulates lighting of signs. Signs which are "illuminated
by any flashing light or lights, except those giving public service information" (time, date,
temperature, weather or news) are prohibited. This section also states:
(b) Advertising devices shall not be erected or maintained which are not effectively
shielded so as to prevent beams or rays of light from being directed at any portion of the
traveled way of an interstate or primary highway, of such intensity or brilliance as to
cause glare or impair the vision of the operator of any motor vehicle; or which otherwise
interfere with any driver's operation of a motor vehicle are prohibited.
and
(c) Outdoor advertising devices shall not be erected or maintained which shall be so
illuminated that they interfere with the effectiveness of or obscure any official traffic
sign, device or signal.
3.7 Billboard and Other Signage Regulation: Other Perspectives
During the course of this study, several articles were found which summarize regulation of
dynamic signage in other states:
Wisconsin Department of Transportation
Electronic ,Billboards and Highway Safety (2003) ze
The Wisconsin Department of Transportation also published a literature review report to
further explain the current state of EBB research. Although much of the information is
14619
mentioned in other sections of this report, the Wisconsin review did summarize
Wisconsin's regulations for electronic billboards.
• No message may be displayed for less than one-half second;
• No message may be repeated at intervals of less than two seconds;
• No segmented message may last longer than 10 seconds;
• No traveling message may travel at a rate slower than 16 light columns per second or
faster than 32 columns per second (light column defined as pixel column);
• No variable message sign lamp may be illuminated to a degree of brightness that is
greater than necessary for adequate visibility.
National Alliance of Highway Beautification Agencies (1999) 27
Although this survey is eight years old, it generated the following information related to
electronic billboards:
• Nine states had specific regulations governing signs,
• Nine states had regulations on tri -vision signs that were either being drafted or in
pending legislation,
• Fifteen states had regulations regarding moving parts and/or lights,
• Nine state had no regulations on tri -vision signs, and
• Six states and Washington, DC, prohibited tri -vision signs.
An investigation into state outdoor advertising regulations was also conducted.
• Thirty-six states had prohibitions on signs with red, flashing, intermittent, or moving
lights,
• Twenty-nine states prohibited signs that were so illuminated as to obscure or interfere
with traffic control devices, and
• Twenty-nine states prohibited signs located on interstate or primary highway outside
of the zoning authority of incorporated cities within 500 ft of an interchange or
intersection at grade or safety roadside area.
Parliament of Victoria, Australia, Report of the Road Safety Committee on the
Inquiry into Driver Distraction (2006) 28
This report, cited earlier for its driver distraction opinions, identifies road signs and
advertising as one of the largest sources of driver distraction. VicRoads, the state's road
and traffic authority, has implemented the following regulations.
420
Figtrre X. NcRoads' Ten Point Road Safety Checklist
An advertisement, or any structure, device or hoarding for the exhibition of
an advertisement, is considered to be a road safety hazard if it:
1.
obstructs a driver's line of sight at an intersection, curve or
point of egress from an adjacent property; or
2.
obstructs a driver's view of a traffic control device, or is
likely to create a confusing or dominating background which
might reduce the clarity or effectiveness of a traffic control
device; or
3.
could dazzle or distract drivers due to its size, design or
colouring, or it being illuminated, reflective, animated or
flashing; or
4.
is at a location where particular concentration is required
(eg. high pedestrian volume intersection); or
S.
is likely to be mistaken for a traffic control device, for
example, because it contains red, green or yellow lighting, or
has red circles, octagons, crosses or triangles, or arrows; or
6.
requires close study from a moving or stationary vehicle in a
location where the vehicle would be unprotected from
passing traffic; or
7.
invites drivers to turn where there is fast moving traffic or
the sign is so close to the turning point that there is no time
to signal and turn safely; or
8.
is within 100 metres of a rural railway crossing; or
9.
has insufficient clearance from vehicles on the carriageway;
or
10. could mislead drivers or be mistaken as an instruction to
drivers.
#21
VicRoads also gives operational requirements for electronic advertising message signs.
Signage must;
• not display animated or moving images, or flashing or intermittent lights;
• remain unchanged for a minimum of 30 seconds;
• not be visible from a freeway; and
• satisfy the ten -point checklist.
4.0 SUGGESTED REGULATORY APPROACH
Local governments regulate electronic outdoor advertising devices in widely varying degrees.
Some cities completely prohibit the use of all electronic signs (sometimes specifying LED signs),
while others have no regulations specific to electronic signs. Between those two extremes, there
are many levels and types of control that can be applied.
The primary concerns to keep in mind when considering sign regulations are 1) First
Amendment rights, which can be affected by regulations that affect the content of a sign's
message, and therefore should be avoided, and 2) changing technology, which can quickly make
a sign ordinance no longer applicable if the ordinance has been specifically written to address a
certain type of sign technology. Performance based measures may therefore be preferable as they
remain viable even as sign technology advances.
4.1 Definitions
Signage discussions often include a number of different words or phrases used to describe the
technical characteristics of signage devices or their components (such as LEDs). For the purpose
of zoning, some additional terms are also used to describe sign characteristics. Any regulatory
efforts should take care to precisely define terminology. One possible resource in this effort is
"Street Graphics and the Law," published by the American Planning Association (APA)
Planning Advisory Service29.
4.2 Types of Regulatory Measures
4.2.1 Comblete or Partial Prohibition of Electronic Sians
Some cities have completely prohibited the use of electronic outdoor advertising devices. For
example, the City of Maple Valley, WA prohibits all types of electronic outdoor advertising
devices including animated signs, electronic changeable message signs, flashing signs or
displays, moving signs, scrolling displays, and traveling displays. This applies to both on -
premise and off -premise signs.
Other cities are very selective about where electronic signs are allowed, allowing them only in
certain zoning districts. There are very few "standard" approaches. For the most pant, each local
422
government tailors their regulations to their own situation. One approach adopted by cities is to
prohibit electronic outdoor advertising devices in residential zoning districts, and for a certain
distance away from residential zoning districts, similar to the zoning limitations placed on
illuminated signs. Some ordinances require that electronic signs be situated such that the sign
face is not visible from nearby residences.
4.2.2 Size Limitations on Electronic Signs
Another way of regulating electronic signs is to limit their size. Again, there is no set standard
for this. One ordinance reviewed for the purpose of this study limits the electronic portion of a
sign to no more than 50 percent of the sign face with the overall size determined by whatever the
sign ordinance allows for a particular zoning district. Other examples of electronic sign size
limitations include five square feet, 1,000 square inches, 20 square feet, and so forth. In other
ordinances, there is no differentiation made between the size of electronic signs and other signs.
According to input from representatives of the sign industry, the smaller the size of the electronic
sign, the more desirable it is for businesses to use frequent message changes, or sequenced
messages, where more than one screen of text is used to convey an entire message.
4.2.3 Rate -of -Change Limitations on Electronic Signs
Many communities that allow electronic signs also regulate the rate at which the messages on the
signs can be changed. Research on sign codes has shown this to range from as little as four
seconds to as long as 24 hours.
The Interstate 394 sign between Ridgedale Drive and Plymouth Road is visible for
approximately 45 seconds at free flow traffic speeds. Depending on text size, the message may
not be readable by drivers during this entire duration, but the message changes can attract
attention from long distances. Depending on how often the message changes occur and the
speed of traffic, drivers on this segment could see a varying number of discrete messages. Table
7 provides the number of message changes a driver would see at different change durations and
traffic speeds.
423
Table 7. Nuniber of New Messages Seen at Various Driver Speeds and
TIY19P hitp..rvalC RpfiA)Ppn /LCP,-?.v IP'P.4
*Assuming the sign is clearly visible from one-half mile away.
Prohibiting displays from changing quickly can minimize potential driver distraction, but it
would significantly limit the message owner's ability to convey information that does not fit on
one screen of the sign. Using two or more successive screens to convey a message is referred to
as sequencing. Based on the studies summarized in part 3 of this Report, including the glance
duration studies performed by Klaur for the FHWA in 2006 and by Beijer & Smiley in 2004, and
Wachtel's analysis for Seattle of the Zeigarnik effect, a message delivery system such as
sequencing that requires or induces a driver to watch the sign for several seconds increases the
likelihood of driver distraction. Based on information from the sign industry, for sequencing to
be effective in a marketing sense, a brief rate -of -change (1-2 seconds) is generally used before
transitioning into the next screen.
Some codes specify how an image changes, while other codes prohibit the use of transitions.
The change from one image to another can be accomplished by various techniques: no transition
— simply a change from one screen to another, or fading or dissolving one image into the next.
Flashing, spinning, revolving, or other more distracting transition methods can be prohibited,
allowing businesses to use sequencing in an effective manner without making the signs overly
distracting. Another way of regulating distracting transitions is to require a very short time of a
dark or empty screen between images.
4.2.4 Motion Animation or Video Limitations on Electronic Suns
Motion on a sign can consist of everything from special text effects (spinning, revolving,
shaking, flashing, etc.) to simple graphics, such as balloons or bubbles rising across the screen, to
more realistic moving images that have the appearance of a television screen. According to sign
industry representatives, video imagery on a sign is referred to as "animation" if the sign is
limited to the capability of 10 frames per second. Fewer frames per second make the moving
image look more like animation. Imagery produced by signs that have the capability of
processing up to 30 frames per second is accurately referred to as "video" imaging.
Many communities that allow dynamic signs do not allow the application of any type of motion,
animation, or video on the signs. However, Seattle was obliged to allow video imagery on their
signs after earlier signage code regulating certain types of signs was not strictly enforced. In
addition to requiring a dark period between successive messages to overcome the Zeigarnik
effect, Seattle also limits the duration of the video message to a minimum of two seconds and a
4$24
Number of Messages Seen
Time sign is
Message Display Time (seconds)
Speed
(mph)
clearly visible*
1800 3600
6 8 10 60
(seconds)
(30 minutes) (1 hour)
30
60
11 9 7 2 1 1
45
40
8 6 5 2 1 1
55
33
7 5 4 2 1 1
*Assuming the sign is clearly visible from one-half mile away.
Prohibiting displays from changing quickly can minimize potential driver distraction, but it
would significantly limit the message owner's ability to convey information that does not fit on
one screen of the sign. Using two or more successive screens to convey a message is referred to
as sequencing. Based on the studies summarized in part 3 of this Report, including the glance
duration studies performed by Klaur for the FHWA in 2006 and by Beijer & Smiley in 2004, and
Wachtel's analysis for Seattle of the Zeigarnik effect, a message delivery system such as
sequencing that requires or induces a driver to watch the sign for several seconds increases the
likelihood of driver distraction. Based on information from the sign industry, for sequencing to
be effective in a marketing sense, a brief rate -of -change (1-2 seconds) is generally used before
transitioning into the next screen.
Some codes specify how an image changes, while other codes prohibit the use of transitions.
The change from one image to another can be accomplished by various techniques: no transition
— simply a change from one screen to another, or fading or dissolving one image into the next.
Flashing, spinning, revolving, or other more distracting transition methods can be prohibited,
allowing businesses to use sequencing in an effective manner without making the signs overly
distracting. Another way of regulating distracting transitions is to require a very short time of a
dark or empty screen between images.
4.2.4 Motion Animation or Video Limitations on Electronic Suns
Motion on a sign can consist of everything from special text effects (spinning, revolving,
shaking, flashing, etc.) to simple graphics, such as balloons or bubbles rising across the screen, to
more realistic moving images that have the appearance of a television screen. According to sign
industry representatives, video imagery on a sign is referred to as "animation" if the sign is
limited to the capability of 10 frames per second. Fewer frames per second make the moving
image look more like animation. Imagery produced by signs that have the capability of
processing up to 30 frames per second is accurately referred to as "video" imaging.
Many communities that allow dynamic signs do not allow the application of any type of motion,
animation, or video on the signs. However, Seattle was obliged to allow video imagery on their
signs after earlier signage code regulating certain types of signs was not strictly enforced. In
addition to requiring a dark period between successive messages to overcome the Zeigarnik
effect, Seattle also limits the duration of the video message to a minimum of two seconds and a
4$24
maximum of 10 seconds, This time frame was established based upon careful calculations of the
streets from which these signs could be seen, speed limits and traffic volumes in addition to the
community's concern over the extent to which moving images could distract drivers. However,
Seattle also limits the size of their electronic signs to a maximum of 1,000 square inches, with no
single dimension greater than three feet, thus minimizing the effect of video images.
4.2.5 Sign Placement and Spacing
Regulating the number of dynamic sign potentially visible to a driver at any one time as well as
the position of the sign in relationship to the roadway may reduce distraction to drivers, Spacing
requirements should consider the speed, width and horizontal and vertical alignment of the
roadway.
Some communities have established minimum distances between electronic signs. Establishing
an adequate distance between these types of devices seems particularly important if a fairly fast
rate of change is allowed for the purpose of facilitating sequenced messages or if animation and
video imaging is allowed. Closely spaced signs attempting to convey sequenced messages may
simply create visual overload and an oven -stimulated driving environment. Research conducted
to date has not yielded information about optimal electronic sign spacing. Seattle adopted a 35 -
foot spacing requirement for their electronic signs based upon multiple levels of analysis of the
downtown city environment in which these signs are present,
Due to the varying characteristics of individual roadways in this regard, overlay districts
allowing dynamic signage with conditions specific to that area could be considered. Overlay
districts could also take into account other locational factors such as offset from the roadway and
conspicuity. Determining appropriate offsets from the roadway must consider roadway clear
zone requirements as well as spacing of frontage roads and access points, while also considering
the signage too far outside the driver's line of sight may be a further distraction. Conspicuity, a
sign's ability to stand out from its surroundings, should also be considered.
4.2.6 Text Size
Legibility is another important property of signage. The preferred approach used within highway
signing is that drivers can read text that is 1 inch high from 30 feet away. Larger text is needed
for signs to be legible at greater distances, Large, legible text allows the driver to read the
billboard from varying distances and focus on the driving task. Conversely, with small text, the
driver is more likely to focus on the sign for a longer period of time and possibly be more
adversely distracted. However, the size or type of text or the amount of text due is rarely
regulated.
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4.2.7 Brightness Limitations on Electronic Signs
One of the main concerns about the use of electronic signs, regardless of whether they consist of
changeable text, animation, or video, is the brightness of the image. The brightness of an object
can be characterized in two ways. Ilunfinance is the total brightness of all the light at a point of
measurement. Illuminance often describes ambient light and can be measured with a standard
light meter such as is used in photography. Luminance is the measure of the light emanating
from an object with respect to its size and is the term is 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).
Many, but not all, LED -type signage can be time -programmed to respond to day and nighttime
light levels. Higher -end signage types are equipped with photo cells to respond to ambient light
conditions. Despite these controls, LED signs have been observed that are considered to be
excessively bright. Sign industry representatives indicate that excessive brightness can be the
result of 1) sign malfunction or improper wiring, 2) lack of photo cell and/or dimming
mechanism, or 3) operator error or lack of understanding that brightness is not necessarily an
advantage, especially if it makes a sign unreadable or unpleasant to look at. They also maintain
that the intent of the electronic sign industry is to establish a brightness level that is similar to a
traditional internally or externally lit sign. Recent observations of sign technicians calibrating
the Interstate 394 LED billboard noted that the brightness controls are not calibrated to specific
nit levels, but rather vary in proportion to a set maximum level, like a volume control dial on a
typical car radio.
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. At this time,
ordinances that use nit level limitations typically differentiate between day time and night time
nit levels. A common daytime nit limitation ranges from 5,000 to 7,000 nits. A common
nighttime 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. Other communities
have taken this farther, such as Lincoln, Nebraska, whose sign code incorporates a graph of
varying ambient light levels ranging from night time to a bright sunny day and all conditions
between those two extremes, and has correlating nit limitations for the various ambient light
levels.
Enforcement of these types of regulations is challenging as luminance of electronic signs is very
difficult to measure in the field. Typically, sign luminance is measured and calibrated in a
controlled factory setting using a spectral photometer to measure the light output. This
calibration setting is then used in conjunction with a photo cell to control the brightness of the
sign. The higher the ambient light levels, the brighter the sign. There are different nit thresholds
for various colors. White is most often used to set dimming levels because at a constant nit level,
white has the most intensity as perceived by the human eye.
Lincoln uses a light meter to conduct testing on electronic signs and found a wide range of
luminance levels. One small electronic sign had luminance levels of 13,000 nits. The process
that Lincoln uses to check luminance levels is to hold a luminance meter close to the face of the
sign so that it captures only the light emitted from the sign. They have not had any requests to
426
measure the brightness of LED billboards, so the viability of using this approach on billboards
has not been explored.
In Seattle, sign luminance was found too difficult to measure, so signs are visually inspected
when complaints from the public are received. Sign owners are then contacted and asked to
adjust sign luminance accordingly.
Both Mesa, Arizona and Lincoln, Nebraska 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 by their code, and the preset intensity level is protected from end user
manipulation by password protected software or other method approved by the appropriate city
official. This language appears to offer the advantage of ensuring that electronic signs, at a
minimum, cannot exceed a certain established level of brightness.
At a minimum, it is important for communities to require all electronic signs to be equipped with
a dimmer control. A requirement for both a dimmer control and a photo cell, which constantly
keeps track of ambient light conditions and adjusts sign brightness accordingly, is optimal.
Over time, the LEDs used in electronic signs have a tendency to lose some of their intensity, and
an owner may choose to have the sign adjusted and calibrated, which involves adjusting the level
of electrical current in a manner that affects the brightness of the sign. This occurs over the
course of two or three years. Having maximum nit levels established would ensure that the sign
company has upper limits to work with as far as adjusting the sign is concerned.
4.3 Public Review
Most communities establish rules within their sign code and do not create opportunities for
electronic signs to be approved through conditional use permits or special use permits. Some
communities with special overlay districts, or areas that are oriented toward entertainment and
night life, have established a review process for electronic signs, or for various functions of
electronic signs such as animation and video.
Other communities take the opposite approach, where they allow electronic signs with no
controls whatsoever, except in certain special areas, such as a historic overlay district, or a
historic downtown district, where the signs are prohibited. Each community needs to tailor their
application of electronic signs to meet their needs.
As of the writing of this report, no ordinances have been discovered that have a special review
committee just for the purpose of electronic signs. Typically, sign regulations established in the
zoning ordinance would be reviewed in accordance with existing review and approval processes.
As with other development features, dynamic signage should be either prohibited, permitted, or
conditional depending upon the zoning district and/or the specific features of the sign as
established within the city's regulations (i.e. size, specific location with respect to the adjacent
roadway, zoning district, proximity of sensitive uses). The recommended review process for
permitted dynamic signs should be the same as procedures already in place for administrative
427
review. For dynamic signs requiring a Conditional Use Permit (CUP), the standard process for
public notification and a public hearing before the planning commission should apply.
5.0 CONCLUSIONS AND RECOMMENDATIONS
Driver distraction plays a significant role in traffic safety. Driver distraction is a factor in one in
four crashes, and of those crashes involving driver distraction, one in four involves distractions
outside the vehicle. The extent to which dynamic signage contributes to traffic safety has been
examined in this study. Following are some of the major findings from a review of available
research.
• Drivers that are subjected to information -rich content that is irrelevant to the driving task
(such as digital advertising) may be temporarily distracted enough to cause a degradation in
their driving performance. This degradation could lead to a crash.
• The unlimited variety of changing content allows dynamic signage to attract drivers'
attention at greater distances and hold their attention longer than traditional static billboards.
• Several studies have found a correlation between crashes and the complexity of the driving
environment. For example, crash rates are higher at intersections because the difficulty of
the driving task is increased by the roadway's complexity. Complex driving environments
place a high demand on drivers' attention. Introducing a source of distraction in an already
demanding driving environment is more likely to result in crashes. This is illustrated by the
1994 Wisconsin DOT study that examined crash rates before and after installation of an
electronic sign on a high-volume curving roadway. Introduction of this sign was identified
as a likely factor of the 80 percent increase in side -swipe crashes that was experienced.
• Many studies have noted a correlation between outdoor advertising signs and crash rates, but
have not established a causal relationship between the signs and crash rates. Driving is a
complex task influenced by multiple factors. It is not necessary to establish a direct causal
relationship between outdoor advertising signs and crash rates to show that they can make the
driving task less safe. While the research shows that driver distraction is a key factor in
many motor vehicle crashes, this often includes many interacting factors that distract drivers.
The specific driver distraction danger that advertising signs contribute is difficult to quantify.
A study that could control for multiple variables (human factors, vehicle, enforcement and
the roadway environment) would be needed to provide a definitive statement on the level of
driver distraction that signs produce. Such a study would likely find that not all advertising
siM cause distraction that would lead to crashes, but some signs in some situations are more
likely to contribute to crashes than others.
Overall, the literature review conducted for the purpose of this study identifies a relationship
between driver distraction and electronic outdoor advertising devices. As indicated, driver
distraction is a significant factor in crashes. The purpose of dynamic signage is to attract the
attention of people in vehicles, so a natural conclusion from that knowledge is that drivers may
be distracted by them. Professional traffic engineering judgment concludes that driver
distraction generally contributes to a reduction in safe driving characteristics.
428
For this reason, state departments of transportation have carefully studied the design and location
of dynamic signs within the highway right-of-way. Their goal is to convey a message to the
traveling public in a manner that is as straight -forward and readable as possible without being a
visual "attraction". The goal of the outdoor advertising sign is to be a visual attraction outside
the right-of-way, possibly making it a source of driver distraction. Nevertheless, the actual
change in crash rates influenced by the presence of any specific device has not been quantified in
a manner that fully isolates the impacts of an electronic sign. Recent studies conducted by
FHWA and others have cited the need for further research.
In the interest of promoting public safety, this report recommends that electronic signs be viewed
as a form of driver distraction and a public safety issue. Therefore, the ordinance
recommendations identified here should be considered. These recommendations should be
reviewed in the future as additional research becomes available.
With respect to regulatory measures for electronic outdoor advertising signs, it is important that
local governments take a thorough approach to updating their ordinances to address this issue.
For example, an ordinance that addresses sign motion, but does not address brightness and
intensity levels may leave the door open for further controversy. This report seeks to identify all
of the aspects of electronic outdoor advertising devices that are subject to regulation. It does not
specifically state what those regulations should be (e.g. the size of electronic signs), since these
are all things that policy makers and staff must take into careful consideration. Further, as driver
distraction and resulting influences on safety do not, in a practical sense, distinguish between on -
premise and off -premise signage, this distinction is not highlighted in the recommendations
below.
Regulatory Measures recommended for consideration
To properly address the issue of dynamic signage, it is recommended that the sign code address
the following:
Identify specific areas where dynamic signs are prohibited. This would typically be done
by specifying certain zoning districts where they are not allowed under any
circumstances. If dynamic signs are to be allowed in specific areas, this could be done by
zoning district (only higher level commercial districts are recommended for
consideration) or by zoning overlay related to specific purposes (e.g. entertainment or
sports facility district) or to specific roadway types.
2. Determine the acceptable level of operational modes in conjunction with such zoning
districts or overlays. The various levels include:
a. Static display only, with no transitions between messages,
b. Static display with fade or dissolve transitions, or transitions that do not have the
effect of moving text or images,
e. Static display with scrolling, traveling, spinning, zooming in, or similar special
effects that have the appearance of movement, animation, or changing in size, or get
revealed sequentially rather than all at once (e.g. letters dropping into place, etc.), and
X429
d. Full animation and video.
If one of the forms of static display is identified as the preferred operational mode, a
minimum display time should be established. This display time should correspond to the
operation roadway speed (rather than posted speed limit), allowing at most one image
transition during the time that the sign if visible to a driver traveling at the operational
speed.
If a shorter minimum display time is considered, the effects of message sequencing
should be considered. Wait intervals of more than 1-2 seconds between sequenced
messages have the potential to become more of a distraction as viewers wait impatiently
for the next screen, in an effort to view the complete message.
4. If the community wishes to accommodate animation or video in some or all locations
where dynamic are permitted, a minimum and maximum duration of a video image
should be established. The purpose for establishing a time limit is to ensure that the
message is conveyed in a short, concise time frame that does not cause slowing of traffic
to allow drivers to see the entire message. Given the creativity of advertising, these video
images may be seen as a form of entertainment, and people typically like to see an
entertaining message through to the end.
Differentiate between zoning districts where dynamic signs are permitted by right, and
zoning districts, overlay districts, or special districts where they should only be allowed
through the approval of a Conditional Use Permit. A CUP would involve public
notification and review and approval by the Planning Commission. Other options would
include a design review board or other dispute resolution process.
5. Consider the establishment of minimum distance requirements between electronic
outdoor advertising devices in relation to the zoning district or roadway context in which
the signs are allowed.
6. Consider size limitations on dynamic signs for zoning districts where they are allowed.
This may vary from one district to another.
7. Consider if dynamic signs are allowed independently, or if they must be incorporated into
the body of another sign, and therefore become a limited percentage of the overall sign
face.
8. Establish a requirement for that all dynamic signs that emit light be equipped with
mechanisms that allow brightness to be set at specific nit levels and respond accurately to
changing light conditions. The City must establish the authority to disable or turn the
device off if it malfunctions in a manner that creates excessive glare or intensity that
causes visual interference or blind spots, and require that the device remain inoperable
until such time that the owner demonstrates to the appropriate city official that the device
is in satisfactory working condition. If such technology is not available, consideration
should be give to banning dynamic signs that emit light until such time as the technology
allows brightness levels to be precisely controlled.
430
9. Consider maximum brightness levels that correlate to ambient (day or night condition,
lighting of surrounding context) light levels. A maximum daytime and separate
nighttime nit/footcandle level should be established. Consider wording that requires the
sign to automatically adjust its nit level based on ambient light conditions.
10. Consider a requirement for a written certification from the sign manufacturer that the
individual sign's maximum light intensity has been preset not to exceed the maximum
daytime illumination levels established by the code, and that the maximum intensity level
is protected from end user manipulation by password protected software or other method
approved by the appropriate city official.
11. Require sign owners to provide an accurate field method of ensuring that maximum light
levels are not exceeded. If such a method cannot technically be provided, consider
banning dynamic signs that emit light until such time as the technology is available.
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Further changes are anticipated following Signage Workshop
"Preliminary Report is specifrc to City of Minnetonka issues and may not be sufficient to
address concerns in other communities"
APPENDICES
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ad(Iress concerns in other communities**
Appendix A
Current Sign Technologies
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address concerns in other communities"
Appendix A — Current Sign Technologies
Roadside signage has long been used to alert and direct travelers to retail businesses, lodging,
attractions and other destinations. Until the 20th century much of this image was "static" in
nature, presenting a single image that could only be altered by repainting or otherwise removing
an image and replacing it with another. With the advent of motorized travel, signage became
more "dynamic" or active in its efforts to attract the traveler's attention as they moved at ever
increasing speeds. Initially, motion was created by flashing bulbs or alternating sets of neon
tubes.
Today's technologies allow for an increasingly sophisticated display of images that can be
manipulated by a few strokes of a keyboard. Simpler forms of signs capable of displaying
multiple images include "tri -vision" signs which present a series of images through mechanical
rotation of multi -sided vertical strips. The rotation occurs at regular intervals presenting a series
of static images. Other forms are electronically produced, allowing for a wide range of colors,
messages and images depending on the level of technology, and typically produced by light
emitted by the sign face. Basic levels of technology present letters or numbers in a single color
of light, such as "time and temperature" signs or gas pricing signs. Many of these signs can
present longer images in a scrolling fashion, or can provide simple' animations.
Recent advances have introduced a variety of technologies to the outdoor advertising arena. The
largest impact has been made with LED signs which offer an inexpensive yet powerful approach
that combines full motion, brilliant colors and a readable display. Other technologies are in
development, including "digital ink" signs that offer a changeable medium on a surface that
looks like a normal vinyl billboard. These signs manipulate ink on the surface, allowing for a
dynamic presentation of images without being internally illuminated.
The various sign technologies are referenced by a wide array of terms; "changeable message
signs," "electronic billboards," "animated signs." In general, this report focuses on the broad
range of signage types which are capable of displaying multiple images through electronic
manipulation, which we will refer to as "dynamic" signing. Reference to specific signage types
is made when necessary to discussion of specific issues (e.g. the brightness of LED signage).
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PRELIMINARY DRAFT FOR REVIEW BY CITY OF MINNETONKA
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"Preliminary Report is specific to City ofMinnetonlm issues and may not be sufficient to
address concerns in other communities"
Appendix B
Outdoor Advertising Sign Brightness Definitions
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"Preliminmy Report is specific to City ofMinnetonlra issues (Intl may not be sufficient to
address concerns in other communities"
Appendix B -- Outdoor Advertising Sign Brightness Definitions
This appendix defines various technical terms that are used to describe the operational
aspects of electronic billboards,
Billboard Illuminance
Billboard illumination is typically discussed using two terms; illuminance and luminance.
Because this section includes some technical jargon, a glossary that further defines terms
used in outdoor advertising is provided in Appendix C.
Illuminance: The amount of light that is incident to the surface of an object. This is the
method for describing ambient light levels or the amount of light that is projected onto a
front -lit sign. This parameter is typically measured in lux (footcandles x meters). For the
purposes of dimming, illuminance is discussed to describe the ambient light that hits the
photocell,
Luminance: The amount of light that emanates from an internally illuminated sign. This
parameter is measured in nits, The nit levels necessary for the sign to be legible vary with
the ambient light conditions. On a sunny day, the nit levels must be very high, while at night,
the levels must be very low to prevent the image from distorting and to prevent glare.
Billboard Luminance (Brightness)
Luminance is measured in nits (candelas/square meter) and describes how bright the image
is. In essence, it is the amount of light that is radiated from the sign divided by the amount of
surface area of the sign. No matter how big the sign is, the luminance of the sign is
consistent. For example, the brightness of computer monitors is also measured in nits.
The European standard "EN 12966" specifies that at certain ambient light levels, the sign
should output a given number of nits, There are different tables for each color due to the
properties of how the human eye interprets each color. The color that is most often used to
set dimming levels is white.
The FHWA has developed recommended practices for dynamic message signs installed
within the roadway right-of-way. The standard is NEMA's TS -4 "Hardware Standards for
Dynamic Message Signs (DMS) With NTCIP Requirements." Note that these standards
were prepared for message signs deployed within the roadway right-of-way and should not
be taken as recommended luminance levels for advertising signs, Table A-1 provides a
simplified version of the NEMA TS -4 standard for the color white,
PRELIMINARY DRAFT FOR REVIEW BY CITY OF MINNETONKA
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x *Prelindnary Report is specific to City of Minnetonka issites and nray not be sufficient to
address concerns in other conimunities"
Table -4-1- Luminance Standards
Ambient
Approximate
Minimum
Maximum
Light
Light
Luminance
Luminance
(lux)
(nits)
(nits)
40,000
Sunlight
12,400
62,000
10,000
Cloudy
12,400
-
4,000
Overcast
2,200
11,000
400
Sunrise/Sunset
600
3,000
40
Candlelight
250
1,250
less than 4
Moonlight
75
375
Source: NEAffi TS -4 (2005)
Billboard Resolution
Billboards require far less resolution than print advertisements. For example, Clear
Channel's LED "Digital Outdoor Network" LED bulletin -size (14' x 48') billboards require
dimensions of only 208 pixels high by 720 pixels wide. If this image were to be printed at
300 dots per inch (dpi), a typical print resolution, the entire image would be less than
1.7 square inches. Therefore, it is ideal to keep the message on these signs simple and clear
because they do not currently allow resolutions similar to printed images.
Dimming
To maintain readability, the brightness of a sign must be adjusted to match ambient light
conditions. If this is not done, the image will appear too bright and can even degrade the
image quality through a phenomenon called "blooming." If the image blooms, the brightest
areas of the image bleed over into darker parts and the image clarity is degraded.
Dimming is typically controlled by a photocell, which measures the ambient light conditions
and varies the light output of the sign based on preconfigured settings. As ambient light
conditions darken, the photocell senses the decrease and lowers the light output of the sign.
Some sign manufacturers do not incorporate photocells in their electronic signs.
Electronic billboard dimming can also be controlled by scheduled dimming according to time
of day or manual dimming. On -premise signs may use any of these methods, but most, if not
all, off -premise standard size electronic billboards are auto dimmed by photocell. Some
signs include user -defined dimming curve capability allowing total control over sign
brightness and adjustability to accommodate local brightness ordinances.
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address concerns in other coninrunities"
Appendix C
Electronic Outdoor Advertising Device
Visual Performance Definitions
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address concerns in other communities**
Appendix C — Electronic Outdoor Advertising Device Visual Performance Definitions
Conspicuity
Conspicuity is the property that related to the contrast between a sign and its background and
its ability to stand out from its surroundings. This is a subjective property that depends on
many factors of both the environment and the viewer.
Contrast
Contrast is the property that defines the relationship between the brightness of the brightest
color possible to the darkest color possible on a sign. In times when ambient conditions are
very bright, such as a sunny day, the darkest color may still be very bright due to the sun's
reflection off the sign. In these cases, the lighter colored areas of the billboard's image must
be much brighter than the contrasting dark areas.
Le ig_bility
The ability of the driver to read a sign is related to its legibility. Large, legible text allows
the driver to read the billboard from varying distances and focus on the driving task.
Conversely, with small text the driver is more likely to focus on the sign for a longer period
of time and possibly wait until the sign is very close.
State departments of transportation use NEMA's TS -4 document for this criterion. This
document specifies many characteristics related to legibility including character height,
resolution and color.
Glare
Disability Glare
The first form of glare is disability glare. This occurs when a driver is exposed to a light
source so bright that it temporarily blinds the driver, impairing their ability to perform
driving tasks. This temporary blindness is brief, but can be dangerous.
Discomfort Glare
Discomfort glare is when a light source is bright enough to distract or encourage the driver to
look away from the light, but is not blinding. Discomfort glare is of particular concern in
cases where a bright sign is located in the same line of sight as a traffic sign, signal or
another vehicle.
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Further changes are anticipated following Signage Workshop
*Preliminary Report is specific to City of Minnetonka issues and may not be sufficient to
address concerns in other communities**
Frequency of Change
The frequency of change is determined by the interval of time between sign image changes.
The rate of change can usually be adjusted by the owner and operator of the sign. Frequency
of change is highly variable, with some on -premise signs changing faster than once per
second. While no standard is generally accepted, local government agencies have used
ordinances to limit the frequency to anywhere from 5 seconds to 24 hours,
Interactive signs
Interactive signs change their message based on the person viewing it. For example, the
carmaker MINI has installed variable message signs that display a customized message to car
owners who have special key dongles containing a radio frequency identification (RFID)
chips when the dongle is in close proximity to the sign.
Another example is a microphone system that identifies the radio stations passing drivers are
listening to and displays a specific message for that station.
UM
1 B. Wallace, "Driver Distraction by advertising: genuine risk or urban myth?" Proceedings of the Institution of Civil
Engineers, Municipal Engineer 156, 2003,
2 J. Wachtel, and R. Netherton. "Safety and Environmental Design Considerations in the Use of Commercial Electronic
Variable-Message Signage. Report No. FHWA-RD-80-051," Washington, D.C., 1980.
3 A.R. Lauer and J.C, Memonagle, "Do Road Signs Affect Accidents?" Eno Transportation Foundation, 1955.
4 D. Faustman, "A study of the relationship between advertising signs and traffic accidents on U,S. 40 between Vallejo and
Davis." San Francisco: California Roadside Council, Report CRC No. 165, 1961,
6 S. Weiner. "Review of report." Washington, D.C.: Federal Highway Administration, Environmental Design and Control
Division, August 1973.
6 J. Wachtel, and R. Netherton, "Safety and Environmental Design Considerations in the Use of Commercial Electronic
Variable-Message Signage, Report No. FHWA-RD-80-051," Washington, D.C., 1980,
7 D. Crundall et al., "Attraction and Distraction of Attention with Roadside Advertisements," Elsevier, 2006.
s D. Beijer and A. Smiley, "Observed Driver Glance Behavior at Roadside Advertising Signs," Transportation Research
Record,2005.
9 A. Smiley et al., "Impact of Video Advertising on Driver Fixation Patterns. Transportation Research Record, 2004.
10 G. Wachtel, The Veridian Group, "Video Signs in Seattle —Final Report." 2001,
11 J. Wachtel, and R. Netherton, "Safety and Environmental Design Considerations in the Use of Commercial Electronic
Variable-Message Signage. Report No. FHWA-RD-80-051," Washington, D.C., 1980,
12 C. L. Dudek et al., "Impacts of Using Dynamic Features to Display Messages on Changeable Message Signs,"
Operations Office of Travel Management: Federal Highway Administration, Washington, D.C., 2005,
13 "NHTSA Driver Distraction Forum: Summary and Proceedings," <http://www-nrd.nhtsa.dot.gov/pdf/
nrd-13/FinalInternetForumReport.pdf>, accessed on February 14, 2007.
14iReport of the Road Safety Committee on the Inquiry into Driver Distraction," Parliament of Victoria, Australia, Victoria,
Australia, 2006, p. 110.
15 A.W. Johnston and B.L. Cole, "Investigations of Distraction By Irrelevant Information," Australian Road Research
Board, 1976.
16 S.G. Klauer et al., "Impact of Driver Inattention on Near-Crash/Crash Rislc: An Analysis Using the 100-Car Naturalistic
Driving Sturdy Data," National Highway Traffic Safety Administration, 2006.
17 Driver Inattention Is A Major Factor In Serious Traffic Crashes," <http://www.nhtsa.dot.gov/people/
outreach/traftech/TT243.}rtm>, accessed on February 14, 2007.
" J. Wang, "Role of Driver Inattention in Crashes; New Statistics from the 1995 Crashworthiness Data System, 40th
Annual Proceedings, Association for the Advancement of Automotive Medicine, Vancouver, British Columbia, 1996.
r9 University of North Carolina Highway Safety Research Center, "The Role of Driver Distraction in Traffic
Crashes,"2001.
20 K. Harder, "The Effectiveness and Safety of Traffic and Non-Traffic Related Messages Presented on Changeable
Message Signs (CMS)", Minnesota Department of Transportation, St. Paul, Minnesota, 2003,
21 "Decision of the Outdoor Advertising Board in the Matter of John Donnelly & Sons, Permitee, Telespot of New England,
Inc„ Inteuvenar, and Department of Public YVorks, Intervenor, with Respect to Permit Numbered 19260 as Amended," The
Commonwealth of Massachusetts Outdoor Advertising Division, 1976.
22 Wisconsin Department of Transportation (1994). Milwaukee County Stadium Variable Message Sign Study, Wisconsin,
USA: Internal Report, Wisconsin Department of Transportation.
23 T. Szymkowski, University of Wisconsin, Madison, Interviewed on February 20, 2007.
24 Federal Highway Administration, "Research Review of Potential Safety Effects of Electronic Billboards on Driver
Attention and Distraction," 2001.
25 G. Davis, FHWA Office of Safety Research and Development, Interviewed on February 23, 2007,
26 CTC & Associates LLC, "Electronic Billboards and Highway Safety, <"http://www.dot.wisconsin.gov/library/
research/docs/tsrs/tsrelectroniebillboards.pdfy, accessed on February 14, 2007.
A41
27 Federal Highway Administration, "Research Review of Potential Safety Effects of Electronic Billboards on Driver
Attention and Distraction," 2001.
28 "Report of the Road Safety Committee on the Inquiry into Driver Distraction," Parliament of Victoria, Australia,
Victoria, Australia, 2006.
29 D. Mandelker, A. Bertucci and W. Ewald. "Street Graphics and the Law," APA Planning Advisory Service, 2004, pp. 51-
55.
A42
AN-X iff-11�101:4111 DeORKSIU-111IN
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE TO ALLOW USE OF DYNAMIC
DISPLAY SIGNS WITHIN THE INS DISTRICT.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 2-4-2.A of the City Code is hereby amended to add a license
fee for dynamic display signs:
Dynamic Display Signs I Sec. 7-16-4.13 1 No Cost
Section 2. Chapter 7 of the City Code is hereby amended to add the following
provisions:
SECTION 16
DYNAMIC DISPLAY SIGNS
7-16-1:
Purpose and Intent
7-16-2:
Definitions
7-16-3:
License Required
7-16-4:
Issuance of License
7-16-5:
Performance Standards
7-16-6:
Administration and Enforcement
7-16-7:
Severability
7-16-1: PURPOSE AND INTENT:
A. The City has established the fundamental basis for the regulation of signs
generally in Section 20-37-1 of the Zoning Ordinance.
B. The City finds that dynamic display signs are highly visible from long distances
and at very wide viewing angles both day and night and are designed to attract
the attention of persons in their vicinity and hold it for extended periods of time
and that if the operation of such signs is not regulated, there is potential for
significant harm to public health, safety, and welfare.
1
C. It is not the purpose or intent of this Section to regulate the message displayed
on any dynamic sign but to:
1. Allow for operation of dynamic signs in compliance with the standards set
forth in this Section to lessen the impact of such signs on the environment
and the public health, safety, and welfare.
2. Provide for the administration and enforcement of provisions regulating
the operation of dynamic display signs as set forth in this Section.
7-16-2: DEFINITIONS: The following words and terms, wherever they occur in
this Section, shall be interpreted as herein defined:
APPLICANT: The owner, their agent or person having legal control, ownership and/or
interest in land for which the provisions of this Section are being considered or
reviewed.
CHANGEABLE COPY SIGN, ELECTRONIC: A sign or portion thereof that displays
electronic, nonpictorial text information in which each alphanumeric character, graphic,
or symbol is defined by a small number of matrix elements using different combinations
of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices
within the display area. Electronic changeable copy signs include computer
programmable, microprocessor controlled electronic displays. Electronic changeable
copy signs include projected images or messages with these characteristics onto
buildings or objects. Electronic changeable copy signs do not include official signs.
DYNAMIC DISPLAY: Any characteristics of a sign that appear to have movement or
that appear to change, caused by any method other than physically removing and
replacing the sign or its components, whether the apparent movement or change is in
the display, the sign structure or any other component of the sign. This includes
displays that incorporate technology or methods allowing the sign face to change the
image without having to physically or mechanically replace the sign face or its
components as well as any rotating, revolving, moving, flashing, blinking or animated
display and any display that incorporates rotating panels, LED lights manipulated
through digital input, digital ink or any other method or technology that allows the sign
face to present a series of images or displays.
ELECTRONIC GRAPHIC DISPLAY SIGN: A sign or portion thereof that displays
electronic, static images, static graphics or static pictures, with or without text
information, defined by a small number of matrix elements using different combinations
of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices
within the display area where the message change sequence is accomplished
immediately or by means of fade, repixalization or dissolve modes. Electronic graphic
display signs include computer programmable, microprocessor controlled electronic or
2
digital displays. Electronic graphic display signs include projected images or messages
with these characteristics onto buildings or other objects.
ILLUMINATED SIGN: Any sign which contains an element designed to emanate
artificial light internally or externally.
MULTIVISION SIGN: Any sign composed in whole or part of a series of vertical or
horizontal slats or cylinders that are capable of being rotated at intervals so that partial
rotation of the group of slats or cylinders produces a different image and when properly
functioning allows on a single sign structure the display at any given time one of two (2)
or more images.
OFFICIAL SIGN: Signs of a public noncommercial nature including public notification
signs, safety signs, traffic signs, direction to public facilities when erected by or on
behalf of a public official or employee in the performance of official duty.
SIGN: Any letter, word or symbol, poster, picture, statuary, reading matter or
representation in the nature of advertisement, announcement, message or visual
communication, whether painted, posted, printed, affixed or constructed, including all
associated brackets, braces, supports, wires and structures, which is displayed for
informational or communicative purposes.
VIDEO DISPLAY SIGN: A sign that changes its message or background in a manner or
method of display characterized by motion or pictorial imagery, which may or may not
include text and depicts action or a special effect to imitate movement, the presentation
of pictorials or graphics displayed in a progression of frames that gives the illusion of
motion, including, but not limited to, the illusion of moving objects, moving patterns or
bands of light, or expanding or contracting shapes, not including electronic changeable
copy signs. Video display signs include projected images or messages with these
characteristics onto buildings or other objects.
ZONING ADMINISTRATOR: The person designated by the City Council to be the
Zoning Administrator for the City of Otsego.
7-16-3: LICENSE REQUIRED: Display or operation of a dynamic display sign
within the City of Otsego shall require approval of a valid license issued by the City
pursuant to this Section.
7-16-4: ISSUANCE OF LICENSE:
A. Application Form: An application for a license must be submitted by the
property owner or their authorized agent on a form provided by the Zoning
Administrator.
B. Fees. The applicant shall pay the license fee as adopted by the City Council by
Ordinance for the application to be accepted.
C. Required Information:
1. An application shall be considered complete if it includes the information
required in this section.
2. The application shall include the following information:
a. Names and addresses of the sign contractor and owners of the sign
and lot.
b. Written consent of the owner or lessee of any site on which the sign
is to be erected.
C. The address at which any signs are to be erected.
d. The lot, block and addition at which the signs are to be erected and
the street on which they are to front.
e. Type and size of sign and type of dynamic display.
f. The specifications of the signs related to illumination and
brightness.
g. Specifications for controls needed to regulate the display both for
normal operation and in the event of a malfunction.
h. Any electrical permit required and issued for the sign.
3. The applicant shall provide any and all other information as may be
requested by the Zoning Administrator to determine compliance with this
Section.
D. Zoning Administrator Review:
1. The Zoning Administrator shall approve or deny an application for a
license within (60) days of a complete application being submitted with
written notice to be provided to the applicant.
2. Applications found to be in compliance with the requirements of this
Section shall be issued a license that shall expire on December 31 of the
same year.
0
3. The Zoning Administrator shall state in writing the reasons for an
application for a license having been denied. The applicant may resubmit
an application for a license in accordance with the procedures in this
Section or, within ten (10) days of the Zoning Administrator's decision,
submit an appeal in accordance with Section 7-16-6.E.3 of this Section.
E. Transferability: Licenses are issued to the applicant only and for one location,
and such licenses are nontransferable between property owners, tenants, or
locations.
F. Expiration:
1. All licenses expire upon the following events, whichever occurs first:
a. Removal or replacement of the sign or the dynamic display
components specifically,
b. Change in property tenant to which the sign is an accessory use.
C. Change in property ownership.
d. A license is revoked in accordance with Section 7-16-6.D of this
Section.
2. An expired license may be renewed only by making application as
provided in Section 7-16-4 of this Section.
7-16-5: 1 PERFORMANCE STANDARDS:
A. Allowed Signs: Only those dynamic display signs defined and identified herein
shall be allowed to be operated within the City in accordance with this Section
and the Zoning Ordinance:
1. Electronic changeable copy signs.
2. Electronic graphic display signs.
B. The operation of a dynamic display sign allowed by this Section shall conform to
the following requirements:
1. The display shall change display not more often than once every six (6)
minutes.
2. The display sign shall not include scrolling, flashing, animation, or other
effects.
E
3. The display must be static and the transition from one static display to
another must be instantaneous without any special effects.
4 The display must be complete in themselves, without continuation in
content to the next image or message.
5. Brightness:
a. The brightness of the sign shall not exceed 5,000 NITS after
sunrise and before sunset or 500 NITS after sunset and before
sunrise each day.
b. The sign shall be equipped with an automatic dimmer control or
other mechanism that automatically controls the sign's brightness
to comply with this condition.
6. Malfunctions:
1. The display must be designed and equipped to freeze the device in
one position if a malfunction of the electronic display occurs.
2. The display must also be equipped with a means to immediately
discontinue the display if it malfunctions, and the sign owner must
immediately stop the electronic display when notified by the City
that it is not complying with the stipulations of this section.
7. The sign shall comply with Section 37 of the Zoning Ordinance.
7-16-6: ADMINISTRATION AND ENFORCEMENT:
A. This Section shall be administered by the Zoning Administrator.
B. Inspections.
1. Any licensee shall, at all times during the term of the license, allow the
Zoning Administrator to enter the premises for the purpose of verifying
compliance with the requirements of this Section.
2. The licensee shall provide certification as to compliance with Section 7-16-
7.13.5 of this Section to the City upon request by the Zoning Administrator.
C. Suspension. The Zoning Administrator may suspend a license for a period not to
exceed thirty (30) days following written notice and an opportunity to be heard if
the Zoning Administrator determines that a licensee has violated or is not in
compliance with this Section.
D. Revocation:
1. Notice: The Zoning Administrator shall issue a written statement of intent
to revoke a license if a cause of suspension in Section 7-16-6.D.2 of this
Section occurs.
2. Basis For Revocation: The Zoning Administrator may initiate action to
revoke a license if the Zoning Administrator determines that:
a. The license has been suspended two (2) times within the preceding
twelve (12) months.
b. A licensee has knowingly operated an electronic sign during a
period of time when the licensee's license was suspended.
C. A licensee is delinquent in payment to the City for ad valorem taxes
or other taxes or fees related to business.
3. Process:
a. Within ten (10) days of receipt of such notice of suspension or
intent to revoke, the licensee may provide to the Zoning
Administrator, in writing, a response that shall include a statement
of reasons why the license should not be suspended or revoked.
b. Within three (3) days of the receipt of licensee's written response,
the Zoning Administrator shall notify respondent in writing of the
hearing date on licensee's suspension or revocation proceeding.
C. Appeal and Hearing:
(1) Within thirty (30) working days of the receipt of licensee's
written response, the City Council shall conduct a hearing on
licensee's appeal of the Zoning Administrator's decision.
(2) Hearings on the appeal shall be open to the public and the
licensee or applicant shall have the right to appear and be
represented by legal counsel and to offer evidence in its
behalf.
(3) At the conclusion of the hearing, the City Council shall make
a final decision.
VA
(a) If a response is not received by the City in the time
stated or, if after the hearing, the City Council finds
that grounds as specified in this Section exist for
suspension or revocation, then such suspension or
revocation shall become final three (3) days after the
City sends written notice that the license has been
suspended, or revoked. Such notice shall include a
statement advising the applicant or licensee of the
right to appeal such decision to a court of competent
jurisdiction.
(b) If the City Council finds that no grounds exist for
denial, suspension, or revocation of a license, then
within three (3) days after the hearing, the Zoning
Administrator shall withdraw the intent to suspend or
revoke the license, and shall so notify the licensee in
writing of such action.
7-16-7: SEVERABILITY: If any section, sentence, clause, or phrase of this
section is for any reason held to be invalid, such decision shall not affect the validity of
the remaining portions of this section. The City Council hereby declares that it would
have adopted the Section and each subsection, sentence, clause, or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses,
or phrases be declared invalid.
Section 3. Section 20-37-4.13 of the City Code is hereby amended to read as
follows:
B. Prohibited Signs. The following signs are prohibited:
1. Any sign, signal, marking or device which purports to be or is an imitation
of or resembles any official traffic control device or railroad sign or signal,
or emergency vehicle signs, or which attempts to direct the movement of
traffic or which hides from view or interferes with the effectiveness of any
official traffic control device or any railroad sign or signal unless required
by this Chapter or the City Code.
2. All signs over two hundred (200) square feet in area, except within the INS
district.
3. Off premises signs.
4. Balloon signs.
5. Content classified as 'obscene" as defined by Minnesota statutes section
617.241.
6. Dynamic display signs, including but not limited to electronic changeable
copy, electronic graphic display, and/or video display signs except as
specifically allowed by this Chapter.
7. Flashing signs.
8. Motion signs.
9. Multivision signs.
10. Portable signs including Signs on or attached to equipment such as
vehicles, semi -truck trailers or other portable trailers where signing is a
principal use of the equipment on either a temporary or permanent basis.
11. Roof signs.
12. Rotating signs.
13. Shimmering signs.
14. Signs painted, attached or in any other manner affixed to trees or similar
natural surfaces, or attached to utility poles, bridges, towers, or similar
public structures.
15. Only those signs installed at the direction of the Minnesota department of
transportation, Wright County or the City of Otsego shall be located within
public rights-of-way.
Section 4. Section 20-37-6.D of the City Code is hereby amended to read as
follows:
D. Changeable Copy Signs:
1. For commercial and industrial uses, one (1) sign with a maximum area of
forty (40) square feet of changeable copy sign (but not including electronic
changeable copy signs) shall be allowed per site provided that the
changeable copy area of the sign is integrated into the allowed
freestanding sign for the respective zoning district.
2. Within the INS District, one (1) dynamic display sign may be allowed
provided that:
a. Operation: The operation of the electronic sign shall require
issuance of a license pursuant to Chapter 7, Section 16 of the City
Code.
b. Location:
(1) The sign shall be displayed only in a yard abutting an
arterial, residential collector, or commercial/industrial
collector street as defined by the Comprehensive Plan.
(2) The sign shall be set back a minimum of fifty (50) feet from
any side or rear lot line abutting a residential district.
C. Sign Structure:
(1) The electronic dynamic display shall be incorporated as part
of the freestanding sign allowed by Section 20-37-5.E of this
Chapter.
(2) The sign including the dynamic display element shall be a
monument sign constructed as follows with a base extending
horizontally for a minimum of the entire width of the sign
face; the sign base and supporting material constructed of
stone, brick, or decorative masonry shall be equal to at least
forty (40) percent of the total sign area, but shall not be
counted toward the sign area and shall not contain any sign
copy.
(3) The total height of the sign structure including the base shall
not exceed sixteen (16) feet.
Section 5. This Ordinance shall become effective immediately upon its passage
and publication.
l 1611110PIl�1�
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 9t" day of April,
10
ATTEST:
Tami Loff, City Clerk
11
CITY OF OTSEGO
BY:
Jessica L. Stockamp, Mayor
SUMMARY OF ORDINANCE NO.: 2018-02
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE TO ALLOW USE OF DYNAMIC
DISPLAY SIGNS WITHIN THE INS DISTRICT.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 2-4-2.A of the City Code is hereby amended to add a license
fee for dynamic display signs.
Section 2. Chapter 7 of the City Code is hereby amended to add the following
provisions:
SECTION 16
DYNAMIC DISPLAY SIGNS
7-16-1:
Purpose and Intent
7-16-2:
Definitions
7-16-3:
License Required
7-16-4:
Issuance of License
7-16-5:
Performance Standards
7-16-6:
Administration and Enforcement
7-16-7:
Severability
Section 3. Section 20-37-4.13 of the City Code is hereby amended to modify
provisions related to prohibition of dynamic display signs.
Section 4. Section 20-37-6.D of the City Code is hereby amended to add
provisions allowing dynamic display signs for uses within the INS District.
Section 5. This Ordinance shall become effective immediately upon its passage
and publication.
MOTION BY:
SECOND BY:
1
ALL IN FAVOR:
THOSE OPPOSED:
2018. ADOPTED by the City Council of the City of Otsego this 9tH day of April,
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
ATTEST:
Tami Loff, City Clerk
Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, Subd.10, this
Ordinance is published in summary form. Complete copies of the ordinance are
available for inspection by contacting the City Clerk, Otsego City Hall, 13400 90TH Street
NE, Otsego, Minnesota 55330 during regular office hours.
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LEGEND
A-1 AGRICULTURAL -RURAL SERVICE AREA
R-4 RESIDENTIAL -URBAN SINGLE FAMILY
E-] R -B RESIDENTIAL -BUSINESS DISTRICT
. PUD PLANNED UNIT DEVELOPMENT DISTRICT
- A-2 AGRICULTURAL -LONG RANGE URBAN SERVICE AREA
R -4A RESIDENTIAL -SUBURBAN SINGLE FAMILY
. B-1 NEIGHBORHOOD BUSINESS DISTRICT B -W BUSINESS -WAREHOUSE DISTRICT
F__j R -C RESIDENTIAL -RURAL OPEN SPACE CLUSTER DISTRICT
® R-5 RESIDENTIAL SINGLE AND TWO FAMILY
. B-2 HIGHWAY COMMERCIAL DISTRICT
1-1 LIMITED INDUSTRIAL DISTRICT
Q R-1 RESIDENTIAL -LONG RANGE URBAN SERVICE AREA (RIVER FRONTAGE)
R-6 RESIDENTIAL -MEDIUM DENSITY DISTRICT
. B-3 GENERAL BUSINESS DISTRICT
S 1-2 GENERAL INDUSTRIAL DISTRICT
r_j R-2 RESIDENTIAL -LONG RANGE URBAN SERVICE AREA (LARGE LOT)
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. B -C BUSINESS CAMPUS DISTRICT
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DISCLAIMER:
This product is for informational purposes and may not have been
prepared for, or be suitable for legal, engineering, or surveying
purposes. Users of this information should review or consult the
primary data and information sources to ascertain the usability
of the information.