Manatee County Government Administration Building First Floor, Patricia M. Glass Chambers 9:00 Am - November 14, 2019

Manatee County Government Administration Building First Floor, Patricia M. Glass Chambers 9:00 am - November 14, 2019

November 14, 2019 Planning Commission Agenda Item #7

Subject 1:00 PM Time Certain LDCT-18-02/Ordinance 20-02 - County Intiated Land Development Code Text Amendment - Sign Ordinance Amendment - Legislative - Lisa Barrett, Planning Manager

Briefings None

Contact and/or Presenter Information

Presenters:

Pat Tyjeski, AICP, Planning Director, S& ME (Consultant)

Lisa Barrett, Planning Manager, 941-748-4501 ext. 6884

Contact:

Bobbi Roy, Senior Planning and Zoning Technician,

941-748-4501 ext. 6878

Action Requested

RECOMMENDED MOTION:

Based upon the staff report, evidence presented, comments made at the Public Hearing, and finding the request to be CONSISTENT with the Manatee County Comprehensive Plan and the Manatee County Land Development Code, I move to recommend ADOPTION of Ordinance 20-02, amending the Manatee County Land Development Code, as recommended by staff.

Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code

Background Discussion

• This is a County-initiated text amendment to the Land Development Code to update the sign regulations, Manatee County Government Administration Building First Floor, Patricia M. Glass Chambers 9:00 am - November 14, 2019 Chapter 2, Definitions, Chapter 6, Signs, and Chapter 9, Design Guidelines and Standards.

• The purpose of the amendments is to identify content-based sign regulations that would need to be repealed and replaced considering the opinion of the U.S. Supreme Court in Reed v. Town of Gilbert, 135 S.Ct. 2218 (2015). Additionally, updating the sign regulations to maintain consistency of these regulations with the applicable provisions of the Florida Statutes is a priority.

• Staff recommends approval.

County Attorney Review Other (Requires explanation in field below)

Explanation of Other Sarah Schenk reviewed and responded by email to Matter 2019-0480 on October 31 & November 6, 2019.

Reviewing Attorney Schenk

Instructions to Board Records N/A

Cost and Funds Source Account Number and Name N/A

Amount and Frequency of Recurring Costs N/A

Attachment: Staff Report LDC Amendment Text Sign Ordinance LDCT-18-02 Ordinance 20-02 DTS20180071.pdf Attachment: 1 - Newspaper Advertising.pdf Attachment: 2 - SME Consultant Memo 11.5.19.pdf Attachment: 3 - Ordinance 20-02 .pdf Attachment: 4 - Exhibit A-1 Ch 2_Definitions_Signs.pdf Attachment: 5 - Exhibit A-2 Ch 6_Signs_v27.pdf Attachment: 6 - Exhibit A-3 - Ch 9_Design Standards_Signs.pdf Attachment: 7 - Public Comments LDC Amendment Signs.pdf

Planning Commission: 11/14/2019

LDCT-18-02/ORDINANCE 20-02 – COUNTY INITIATED LAND DEVELOPMENT CODE TEXT AMENDMENT - SIGN ORDINANCE AMENDMENT

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF MANATEE COUNTY; PROVIDING FINDINGS; PROVIDING FOR PURPOSE AND INTENT; AMENDING SIGN REGULATIONS TO ADDRESS CONTENT-NEUTRALITY, SPECIFICALLY CHAPTER 2, DEFINITIONS; SECTION 200, DEFINITIONS, TO ADD, DELETE, AND AMEND DEFINITIONS REGARDING SIGNS; AMENDING CHAPTER 6, SIGNS, TO ADD, DELETE, AND AMEND SIGN REGULATIONS; AMENDING CHAPTER 9, DESIGN GUIDELINES AND STANDARDS, TO ADD, DELETE, AND AMEND SIGN REGULATIONS; PROVIDING FOR OTHER AMENDMENTS AS MAY BE NECESSARY FOR INTERNAL CONSISTENCY; PROVIDING FOR CODIFICATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

P.C.: 11/14/2019 B.O.C.C.: 12/05/2019 1/09/2020

RECOMMENDED MOTION: Based upon the staff report, evidence presented, comments made at the Public Hearing, and finding the request to be CONSISTENT with the Manatee County Comprehensive Plan and the Manatee County Land Development Code, I move to recommend ADOPTION of Ordinance 20-02, amending the Manatee County Land Development Code, as recommended by staff.

Page 2 of 3 – LDCT-18-02/ORDINANCE 20-02 – COUNTY INITIATED LAND DEVELOPMENT CODE TEXT AMENDMENT SIGN ORDINANCE

INTRODUCTION:

This Land Development (LDC) amendment proposal is to address content-based neutrality in the sign regulations pursuant to legal issue Reed v. Town of Gilbert, Ariz., 135 S. Ct. 2218 (2015). With this requirement to ensure the code is in compliance with current regulations, this amendment includes LDC Chapter 2, Definitions, Chapter 6, Signs, Chapter 9, Design Guidelines and Standards.

HISTORY:

2011: Sign Code Rewrite (Ord. 11-05) 2012: S&ME (consultant) provided peer-review of sign code 2013: Amendments regarding Off-Site Signs 2016: Minor corrections (Urban Corridors)

PROPOSED AMENDMENTS:

• Address legal issues (Reed vs. Town of Gilbert) to ensure that code does not regulate signs based on content (political, school, garage sale, etc.). • Revise the current definitions to eliminate references to content • See attached Memo from S&ME Consultants, dated September 24, 2019 summarizing the changes.

The proposed LDC amendments are shown in strikethrough underline in Exhibits A-1 thru A-3.

CONSISTENCY WITH THE MANATEE COUNTY COMPREHENSIVE PLAN:

The Land Development Code is enacted pursuant to Section 163.3202 of the Florida Statutes and its purpose is to implement the Comprehensive Plan of the County by establishing regulations, procedures, and standards for review and approval of all development and use of land in the unincorporated portions of the County. It is stated in Chapter 1 of the LDC that “the Code is adopted in order to foster and preserve public health, safety, comfort, and welfare in the unincorporated areas of the County.” Further, that it is the intent of the Code that the development process in Manatee County be efficient, in terms of time and expense, effective, in terms of addressing the natural resource and public facility implications of proposed development, and equitable, in terms of consistency with established regulations and procedures, respect for the rights of property owners, and the consideration of the interests of the citizens of the County.

FUTURE LAND USE ELEMENT

Objective 2.9.1. Strong Communities. Create and maintain communities which are characterized by their:

• Connection, integration, and compatibility with surrounding land uses; • Community spaces and focal points; • Protection of the natural environment; • Connection and integration of pedestrian, bicycle, and vehicular systems;

Page 3 of 3 – LDCT-18-02/ORDINANCE 20-02 – COUNTY INITIATED LAND DEVELOPMENT CODE TEXT AMENDMENT SIGN ORDINANCE

• Usable open spaces, and public access to water features; • Unifying design elements and features; • Variety of housing stock; • Pedestrian oriented structures, and pedestrian friendly design; and • Connection to recreational facilities, schools, adjacent neighborhoods, employment opportunities and commercial uses.

Policy 2.9.1.6. Promote the use of unifying design elements and features.

Objective 2.9.4. Community Image. Develop an aesthetically pleasing environment which enhances the image of Manatee County as a high-quality community in which to live, work, and visit.

Policy 2.9.4.3. Maintain appropriate sign regulations, landscaping requirements, special setbacks, building and site design criteria, and other appropriate limitations on the use of land, to create and maintain an aesthetically pleasing environment.

RECOMMENDATION:

Staff recommends approval.

ATTACHMENTS: 1. Newspaper Advertising 2. S & ME Consultant Sign Code Update Memorandum, dated November 5, 2019 3. Ordinance No. 20-02 4. Exhibit A-1 Chapter 2 Definitions 5. Exhibit A-2 Chapter 6 Signs 6. Exhibit A-3 Chapter 9 Design Guidelines and Standards 7. Public Comment

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Memorandum

DATE: November 5, 2019 PROJECT NO.: 527117053 TO: Lisa Barrett, Planning Manager Robert Wenzel, Planning Section Manager FROM: Patricia Tyjeski, AICP, Planning Director SUBJECT: Sign Code Update

With the 2015 U.S. Supreme Court ruling in Reed vs. Town of Gilbert, Manatee County’s sign code (LDC Chapter 6) requires amendments to ensure the regulations are content-neutral. Attached are the proposed amendments to Chapters 2 (Definitions), 6 (Signs) and 9 (Design Standards) for your review. The proposed changes are limited to content-neutrality. Any other improvements to this chapter will be addressed at a later date.

The following is a summary of the major changes proposed:

Chapter 2, Definitions

1. Deleted references to messages that may or may not be included in a sign (see definition of “Abandoned Sign”) 2. Modified the “Adjustment” definition to note that sign adjustments tied to a Planned Development require Board approval (as opposed to Hearing Officer). 3. Deleted standard contained in the “Changeable Copy Sign” definition (moved to Chapter 6). 4. Deleted references to “Directional Signs” (see “Directional DRI Sign,” “Directional Off-Site Sign” and “Directional On-Site Sign”) as “directional” implies content. 5. Added a definition for Farm Sign to refer to Section 604.50, F. S. 6. Modified “Flag” definition to eliminate references to content. 7. Deleted “Political Sign” and “Real Estate Sign” definitions. 8. Deleted “Restricted Temporary Sign” definitions. All temporary signs are now addressed in Section 609. 9. Deleted the “Subdivision Signs” definition. The signs are still allowed but not called the same (focus on location rather than sign content). 10. Deleted “Tag Sign” definition (term not used in the LDC). 11. Modified “Temporary Sign” definition to focus on the actual definition and not standards, which belong in Chapter 6. 12. Deleted “Temporary Off-Site Sign” definition. Since the sign provisions are content neutral, temporary signs may display any message.

S&ME, Inc. | 1615 Edgewater Drive, Suite 200 | Orlando, FL 32804 | p 407.975.1273 | www.smeinc.com

Chapter 6, Signs

13. Minor revisions to Section 603.1 (Activities Requiring a Sign Permit): reworded B to focus on the part that requires a permit; moved C to 603.2 (Signs Allowed Without a Sign Permit); and moved H to its own subsection. 14. Deleted content-based sign references (garage sale, directional, political, fundraising, institutional, warning) from Section 603.2 (Signs Allowed Without a Sign Permit). 15. Added non-illuminated non-commercial temporary signs up to 3 sq. ft. to the list of signs that do not require a sign permit. This would allow the small political and real estate signs typically found in residential neighborhoods. 16. Amended the sign permit review and appeals sections to delete timeframes. The timeframes will be included in the administrative procedures manual. 17. Deleted the prohibition of obscene signs. The Florida Statutes already do this. 18. Added flashing signs to the list of prohibited signs as they pose a danger to traffic. 19. Deleted prohibition of home occupation signs as it refers to sign content. A statement will be added to the home occupation provisions in Chapter 6 noting that signs are not allowed (in conjunction with another scope). 20. Deleted Section 607, Off-Site Directional Signs. These are content-based and cannot be regulated as such. S&ME recommends addressing directional signs through a wayfinding program, to be handled through a master sign plan. 21. Renamed “Restricted Temporary Signs” to just “Temporary Signs.” Because the county can no longer refer to political signs, special event signs, real estate signs, etc., all temporary signs will be treated the same way. The following are some of the major highlights: a. All residential properties (single family, duplex, townhomes, mobile homes) will be allowed to display small (3 sq. ft.) temporary signs without requiring a permit. This will allow citizens to display small political signs, for sale/rent signs, garage sale signs, ideology signs, etc. without restrictions on number of signs or duration. b. If a residential property owner wants to display a larger temporary sign, a permit will be required and the sign will be restricted to 6 sq. ft. in size and 10 feet in height. c. Non-residential, multi-family and mixed-use sites will be allowed up to 32 sq. ft., 25 feet in height. d. The duration for all temporary signs will be restricted to ninety (90) consecutive days. A provision requiring removal after the event is over (sale, election, etc.) would mean that the sign needs to be read, making it a content-based regulation. 22. Reduced from 10 to 5 the minimum number of days impounded signs shall be held by Manatee County. 23. Deleted Section 609.2, Political Signs.

Chapter 9, Design Standards (Entranceways)

24. Deleted references to content, including provision limiting the number of tenant panels on a combined freestanding sign.

While the Reed v. Town of Gilbert court case dates back to 2015, not all jurisdictions have updated their codes. Sign codes from several communities were reviewed to prepare these drafts. Some have streamlined the temporary sign regulations, while others have tried to use creativity and refer to activities rather than sign content. One sign code reviewed, for instance, refers to temporary signs displayed during elections. While this may be seen as a way to achieve the same purpose, they risk a legal challenge. The St. Johns County code is one of the few that we found and believe have addressed the free speech/content-neutrality issues.

While there should not be references to sign content, it is acceptable to differentiate between on-site and off-site signs, commercial and non-commercial signs, and permanent and temporary signs.

The following text came from Scenic America “Billboard Regulation Post-Gilbert:” “The significance is that the Suffolk Outdoor merits decision in 1978 recognized that it is constitutionally permissible to distinguish between on-site signs and off-site signs (Billboards) for regulatory purposes. This Supreme Court precedent has never been overturned and the decision is based not on content but on the location of the sign, i.e., a non-accessory sign. It is a classic time, place and manner regulation that is subject to intermediate scrutiny as a law that is based upon substantial government interests, aesthetics and traffic safety. The Reed decision did not overrule Suffolk Outdoor or Metromedia.”

3 ORDINANCE 20-02

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF MANATEE COUNTY; PROVIDING FINDINGS; PROVIDING FOR PURPOSE AND INTENT; AMENDING SIGN REGULATIONS TO ADDRESS CONTENT- NEUTRALITY, SPECIFICALLY CHAPTER 2, DEFINITIONS; SECTION 200, DEFINITIONS, TO ADD, DELETE, AND AMEND DEFINITIONS REGARDING SIGNS; AMENDING CHAPTER 6, SIGNS, TO ADD, DELETE, AND AMEND SIGN REGULATIONS; AMENDING CHAPTER 9, DESIGN GUIDELINES AND STANDARDS, TO ADD, DELETE, AND AMEND SIGN REGULATIONS; PROVIDING FOR OTHER AMENDMENTS AS MAY BE NECESSARY FOR INTERNAL CONSISTENCY; PROVIDING FOR CODIFICATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Community Planning Act (the “Act”) as codified in the applicable portions of Chapter 163, Part II, Florida Statutes (2019) as amended, empowers and requires the County (a) to plan for the County’s future development and growth, and (b) to adopt and amend comprehensive plans or elements or portions thereof, to guide the future growth and development of the County; and,

WHEREAS, Application LDCT 18-02 has been initiated by the County as an amendment to the Land Development Code (LDC) to provide for the updating of development standards and procedures applicable to sign regulations within Manatee

County consistent with applicable law; and,

WHEREAS, Section 163.3202(2)(f), Florida Statutes (2019) requires each county to adopt and enforce land development regulations that are consistent with and implement their adopted comprehensive plan, including the regulation of signage; and,

WHEREAS, the Planning Commission acting in its capacity as Local Planning

Agency, held a duly advertised public hearing on November 14, 2019, in accordance Page 2 of 4 – Land Development Code Amendment – Sign Ordinance Amendment – LDCT-18-02/Ordinance 20-02 – DTS20180071

with Section 341.2.E of the Land Development Code to receive public comments on the

Application LDCT 18-02; and,

WHEREAS, the Board held two adoption public hearings on December 5, 2019 and January 9, 2020 to receive public comments and to receive the recommendation of the Planning Commission.

NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of

Manatee County, Florida:

Section 1. Purpose and Intent. This Ordinance is enacted to carry out the purpose and intent of, and exercise the authority set out in the Community Planning Act, as codified in the applicable portions of Chapter 163, Part II, Florida Statutes (2019) as amended, and Chapter 125, Florida Statutes (2019), as amended. Specifically, Section

163.3202(2), Florida Statutes (2019) requires local land development regulations to contain specific and detailed provisions necessary or desirable to implement the adopted

Comprehensive Plan and to regulate signage.

Section 2. Findings. The Board hereby finds and determines that:

(a) The findings set forth in the recitals to this Ordinance are true and correct.

(b) Chapter 6 of the Land Development Code, related definitions in Chapter 2 of the Land Development Code, and Design Guidelines and Standards in Chapter 9, along with other code provisions, as amended from time to time, establish regulations regarding the permitting, placement and maintenance of signs within the unincorporated area of Manatee County.

(c) The Planning Commission, acting in its capacity as the Local Planning Agency for the County held a public hearing on November 14, 2019 to consider the Land Development Code Text Amendments contained within Application LDCT 18-02 and found them to be consistent with the Comprehensive Plan, and recommended that the Board adopt the Land Development Code Text Amendments contained within Application LDCT 18-02.

2 Page 3 of 4 – Land Development Code Amendment – Sign Ordinance Amendment – LDCT-18-02/Ordinance 20-02 – DTS20180071

(d) The adoption of the Land Development Code Text Amendments, as described herein, categorize signs based upon the function that they serve and will foster and preserve the public health, safety and welfare, aid in the harmonious, orderly and progressive development of the County, are necessary to avoid adverse effects upon traffic safety and community aesthetics, and thus serve a valid public purpose.

Section 3. Adoption of the Land Development Code Text Amendments. The

Land Development Code Text Amendments attached to this Ordinance and incorporated herein by reference as Exhibits “A-1 - A-3” are hereby adopted as amendments to the

Land Development Code of the County. The Land Development Code Text

Amendments shall consist of the following chapters and sections of the Land

Development Code as set forth in the following three exhibits with new text indicated by underline and deleted text indicated by strikethrough:

(a) CHAPTER 2, DEFINITIONS (Exhibit “A-1”); (b) CHAPTER 6, SIGNS (Exhibit “A-2”); (c) CHAPTER 9, DESIGN GUIDELINES AND STANDARDS (Exhibit “A- 3”)

Section 4. Codification. The publisher of the County's Land Development

Code, the Municipal Code Corporation, is directed to incorporate the amendments in

Section 3 of this Ordinance into the Land Development Code.

Section 5. Applicability. The amendments set forth in this Ordinance shall apply to all applications, decisions or controversies pending before the County upon the effective date hereof or filed or initiated thereafter.

Section 6. Severability. If any section, sentence, clause, or other provision of this Ordinance, or any provision of the Land Development Code Text Amendments contained within Application LDCT 18-02, shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be

3 Page 4 of 4 – Land Development Code Amendment – Sign Ordinance Amendment – LDCT-18-02/Ordinance 20-02 – DTS20180071

construed as to render invalid or unconstitutional the remaining sections, sentences, clauses, or provisions of this Ordinance as the case may be.

Section 7. Effective Date. This Ordinance shall become effective

as provided by law.

DULY ADOPTED, with a quorum present and voting this 9th day of January

2020.

BOARD OF COUNTY COMMISSIONERS

OF MANATEE COUNTY, FLORIDA

By:______, Chairperson

ATTEST: ANGELINA COLONNESO CLERK OF THE CIRCUIT COURT AND COMPTROLLER

By: Deputy Clerk

Manatee Sign Code

Planning Commission November 14, 2019 AGENDA

1. Scope 2. Reed v. Town of Gilbert 3. Proposed Changes 4. Schedule 1. Purpose/Scope

Original Scope: Revised Scope:  Update and clarify sign Phase I regulations  Address legal issues (Reed vs.  Address legal issues (Reed vs. Town of Gilbert) Town of Gilbert) Phase II  Special Districts:  Update and clarify sign • Entranceways regulations • Urban Corridors  Special Districts: • Other Overlays • Entranceways  Master Sign Plan vs. Adjustments • Urban Corridors • Other Overlays  Master Sign Plan vs. Adjustments

2. Reed v. Town of Gilbert (2015)

“The U.S. Supreme Court made it clear that for a sign regulation to be considered content-neutral, you should not have to read the sign to determine what type of sign it is, or how to regulate the sign.”

The Town had different standards for temporary directional signs, political signs and ideological signs 2. Reed v. Town of Gilbert

 Ensure regulations are content-neutral.  Instead, regulate based on time, place and matter provisions (size, height, structure, placement, material, shape, or other characteristics).  Eliminate exceptions based on message.

Still ok to differentiate between: Commercial vs. Non-commercial Speech On-site vs. Off-site Advertising Temporary vs. Permanent Signs Fixed vs. changing message signs 3. LDC Changes

Chapter 2, Definitions

Chapter 6, Signs Section 600. Purpose Section 607. Off-Site Directional Signs Section 601. Applicability of Other Code Section 608. Public Schools Signs or Regulatory Requirements Section 609. Restricted Temporary Signs Section 602. Administration Section 610. North Central Overlay District Signs Section 603. Sign Permits Section 611. Outdoor Advertising Signs Section 604. Prohibited Signs Section 612. Nonconforming Signs and Uses Section 605. Sign Standards Section 613. Violations Section 606. Sign Standard Adjustments Section 614. Severability of Sign Regulations Chapter 9, Design Standards (Entranceways) 3. LDC Changes

Chapter 2, Definitions

Deleted: Revised: . Directional Off-Site Signs . Abandoned Signs (delete content-based language) . Directional On-Site Signs . Changeable Copy Sign (delete repetition) . Political Sign . Directional DRI Sign (delete content-based language) . Real Estate Sign . Flags (delete content-based language) . Restricted Temporary Sign . Gateway Sign (delete content-based language) . Subdivision Sign . Temporary Signs . Tag Sign Temporary Sign: A sign not permanently imbedded in the ground or . Temporary Off-Site Sign permanently affixed to a building or sign structure and intended to be capable of being moved. shall mean any sign erected on-site for a specific purpose (e.g., construction sign) intended to be displayed for 3 months or New: less at the end of which the temporary sign is expected to be removed . Farm Sign along with the pole, mast, frame or other structure to which it is attached if it is a freestanding sign. 3. LDC Changes

Chapter 6, Signs

Deleted: Revised: . Garage sale sign . Amended sign permit review section to . On-site directional sign refer to the administrative procedures manual . Political sign . Added “flashing signs” to prohibited . Signs related to fund-raising . Tag signs . Temporary institutional signs . Temporary off-site sign . Home occupation sign . DRI/CDD/Large project on-site directional sign . Off-site directional sign . Obscene signs 3. LDC Changes

Temporary Signs:  Major change (required based on case law)  Combines political signs, promotional sales, events signs 3. LDC Changes 3. LDC Changes

Chapter 6, Signs Temporary Signs - Permit:

603.1. Activities Requiring a Sign Permit. . Proposed: A. No person shall erect, demolish, alter, rebuild, enlarge, extend, o Continue requiring permit, except relocate, attach to, suspend from, or support from a building or for non-illuminated, 3 sq. ft. signs structure a permanent or temporary sign unless a permit for such that meet all other code sign has been issued by the Department Director or unless such signs are specifically exempted from permit requirements. requirements. F. All sign permits for permanent on-site and off-site signs shall be o Delete regulations for “Restricted valid for the life of the sign. All temporary sign permits shall be Temporary Signs” (promotional valid for the period specified on the permit. sales events) 603.2. Signs Allowed Without a Sign Permit. o Delete regulations for “Political The following types of signs may be erected without the issuance Signs” of a sign permit. o Establish regulations for all N. Temporary institutional sign types Temporary Signs O. Temporary off-site sign P. Temporary sign 3. LDC Changes

Temporary Signs: Political Signs Restricted Temporary Signs* All Temporary Signs Setbacks Front: 5’ (non-residential Front: 12’ Front: 12’ districts) Side and rear: 10’ Side and rear: 10’ Height 10’ 25’ 10 ft. residential districts 25 ft. all others Size 6 sq. ft. residential districts 16 sq. ft. 6 sq. ft. residential districts 32 sq. ft. all others 32 sq. ft. all others Time limit Remove 30 days after 120 days/year 90 consecutive days/180 days per year election/referendum Number NA 2 per event NA Sign Type animated, banners, flashing/ animated, banners, flashing/moving; moving; multi-prism, portable, multi-prism, portable, roof, snipe, roof, snipe, twirling, other twirling, other Spacing NA NA NA * Advertise sales events ** 3 sq. ft. non-illuminated exempt from these requirements 3. LDC Changes

Chapter 6, Signs

Temporary (Real Estate) Signs*:  Construction Sites Currently allowed without a permit and without  Sites/Buildings for Sale/Lease size or number restrictions

Speaker-based and event-based signs are “content-based.”

Special 1st Amendment Protection Due to Importance of Location & Economics (Linmark)

The prevailing view in post-Reed cases is that Reed does not apply to the regulation of commercial messages/signs like real estate signs. Thus, regulations aimed at commercial speech would only have to pass the Central Hudson test (whether a regulation of commercial speech satisfies First Amendment review). * Greater risk 3. LDC Changes

Chapter 6, Signs Off-Site Directional Signs: A sign which indicates no more than the distance, direction, location, and name of any facility or activity located in Manatee County.

Section 607. - Off-Site Directional Signs. Off-site directional signs shall be permitted only in non-residential and agricultural zoning districts, provided the following standards are met: A. 1,000’ separation from other off-site signs B. 16 sq. ft. maximum sign area; 10’ in height. Agricultural-zoned property 32 sq. ft. C. Located on private property; 5’ from a lot line. If over thirty 30” in height not allowed in visibility triangle. D. 1 facility or activity may be listed per sign. E. May require a State Department of Transportation sign permit when located adjacent to any State road per Chapter 479, Florida Statutes. 4. SCHEDULE

Planning Commission Hearing 11/14/19 Board Hearing (1st reading) 12/5/19 Board Hearing (2nd reading) TBD Q+A www.RicardoPacheco.com v. City of Baldwin Park, No. 2:16–cv–09167– CAS(GJSx), 2017 WL 2962772 (C.D. Cal. Jul. 10, 2017) (finding, on motion for preliminary injunction, that allowance for additional temporary signs before election day was content based) Willson v. City of Bel-Nor, 298 F. Supp. 3d 1213 (E.D. Mo. 2018) (denying a motion for preliminary injunction pertaining to one-sign limitation on yard signs) Contest Promotions LLC v. City & Cnty. of San Francisco, 874 F.3d 597 (9th Cir. 2017) (upholding billboard ban, finding Reed does not apply to commercial speech) Lamar Central Outdoor, LLC v. City of Los Angeles, 199 Cal. Rptr. 3d 620 (Cal. App. 2016) (California constitution recognizes distinction between commercial and noncommercial speech, on-premises/off- 18x24 premises signs) At least one federal court has determined that limiting all temporary signs to a certain time before or after an “event” is “content based.” As in Reed, the reasoning is that the enforcement officer would have to read the sign to determine if the sign was in violation of the code, signaling that there may be a problem with your ordinance. Literal Test Pragmatic Test The rigid, “literal” test for content-neutrality: If you so long as you can justify the sign law without reference to the sign’s “need to read” the sign in order to apply the sign law, content, and did not adopt the law because of disagreement with the sign law is content-based. the message it conveys, it is content neutral. Regulate noncommercial speech no more strictly than commercial speech rules that would not be content-based (Alito, Sotomayor and Kennedy): Rules imposing time restrictions on “signs advertising a one time event,” which are “akin to rules restricting times within which speech or music is allowed.” “Commercial speech is a narrow category of necessarily expressive communication that is "related solely to the economic interests of the speaker and its audience," or that "does `no more than propose a commercial transaction’ and is protected “based on society's "strong interest in the free flow of commercial information," which is an "indispensable" prerequisite for creating the "intelligent and well informed" consumers needed to "preserve a predominantly free enterprise economy.“ the distinctions between temporary event signs, political signs, and ideological signs did nothing to further the government's goal of beautifying the community and reducing traffic hazards. "Notwithstanding any other provision of this code, each parcel of real property shall be allowed, without a permit, an additional thirty two (32) square feet of temporary noncommercial signage, not to exceed four (4) signs at any one time, for a period not to exceed ninety (90) days per calendar year." The number of temporary commercial signs per parcel shall be no more than two (2) signs. The remainder signs shall be non-commercial messages. Commercial temporary signs. Temporary signs relating to a commercial establishment, product, or service, or related to the sale or rental of nonresidential real estate, are classified as commercial temporary signs and shall be subject to the following regulations: . . . Non-commercial Temporary Signs. Non-commercial temporary signs are temporary signs that do not fall within the definition of commercial temporary signs. Manatee County LDC Amendments Chapter 2, Definitions

Chapter 2 - DEFINITIONS

Section 200 - Definitions.

Signs. Abandoned shall mean any sign or sign structure which bears no sign or copy for a period of six (6) consecutive months, or for onsite signs that display for a period of six (6) consecutive months, information which incorrectly identifies the business, owner, lessor, or principal activity conducted on the site. Abandoned sign shall also mean any sign on which proper maintenance is not being done; or any on-site sign on a parcel that has been vacant or unoccupied for six (6) months or more; or any sign which pertains to a time, event or purpose which no longer applies, regardless of the message or lack of message. Adjustment shall mean relief granted by either the County Administrator, or designee, or the Hearing Officer (or the Board if part of a Planned Development), limited to relief from certain specifications as to height of sign, size of sign and setback of sign as described in Chapter 6 of this Code. Allowable Sign shall mean all signs for which a sign permit is not required but which must, nonetheless, conform to all the other terms and conditions of this Code. Alteration of a Sign shall mean but shall not be limited to the following: The addition of sign area, the changing or relocation of light source, or the relocation of an outdoor advertising display from one (1) location to another location. "Alteration" includes any and all structural changes in the sign, but shall not include the changing of copy on a sign which is designed as a changeable copy sign. Animated Sign shall mean any sign which changes physical position by any action, motion, or gives the optical illusion of action or motion, or color changes of all or part of the sign area, requiring electrical energy, or set in motion by movement of the atmosphere. Awning (a/k/a Canopy) shall mean any shelter, supported partially or entirely from the exterior wall of a building, which is used for advertising. Such sign may be constructed of canvas, plastic, metal, or other similar material.

Figure 2-1: Awning/Canopy Signs

Bench shall mean any bench whose primary purpose is collateral with providing transportation service to the public upon which a sign is indelibly drawn, painted, or printed.

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Changeable Copy Sign shall mean a sign or an integral part of a sign not covering more than sixty- five (65) percent of the sign area and designed so as to readily allow the changing of its message either manually, mechanically or electronically (electronic message center). Signs with changeable copy that utilize a computer generated message, images or is controlled or changed by some other electronic means are included in this definition. Figure 2 - 2. Changeable Copy Sign

Combination Sign shall mean a single, permanent on-site non-animated sign composed of: a. One (1) message relating to the entire premises on which it is located, and b. One (1) or more additional messages of substantially the same size, material, and design, arranged in a compact group on the same structure, and identifying the establishments on the premises.

Figure 2-2: Combination Signs

Construction Sign shall mean any temporary on-site identification sign erected at a building site while active construction is underway. Directional DRI Sign shall mean a freestanding sign located within a project approved as a Development of Regional Impact (DRI)., which indicates the distance, direction, location and name of the facilities and services located within the boundaries of the same DRI project. Directional Off-Site Sign shall mean a sign which indicates no more than the distance, direction, location, and name of any facility or activity located in Manatee County.

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Figure 2-3: Directional Off-Site Sign

Directional On-Site Sign shall mean a permanent on-site sign. which directs traffic within a parcel, or which identifies the location of entrances, exits, restrooms, telephones, freight, etc. Electronic Message Center – see Changeable Copy Sign definition. Farm sign shall have the meaning set forth in Section 604.50, Florida Statutes. Fascia Sign. (See "Wall Sign.") Flags shall mean any fabric or similar material or bunting containing the same colors, patterns or symbols used as an ornamental flag or as a symbol of government, political subdivision, corporation or business or other entity and designed to be flown from a flagpole or similar devicewhich is not a banner. Flashing Sign shall mean any sign on which any electric lighting by any device is either alternated on and off or raised and lowered in brightness or intensity, or reflects lighting or gives the appearance of flashing. Freestanding Sign shall mean a sign on or in the ground and not supported by any building. This term shall include ground sign, monument sign, pole sign and pylon sign. Gateway Sign shall be a ground or monument sign that identifies the CDD or DRI located at major thoroughfare intersections or points along major thoroughfares near the a CDD or the boundaries of a DRI. boundaries. Government Sign shall mean any sign erected by or on the order of a public official or quasi-public entity (i.e., Community Development District, Community Redevelopment Agency, Water Management District) in the performance of his or her official office or duty including but not limited to, on- and off-site signs identifying a government building or service, traffic control signs, street name signs, warning and information signs, public notices of events, or signs of a similar nature. Signs posted for the purposes of providing public notice for identifying a proposed change of land use or zoning shall be deemed to serve similar purposes as Government Signs. Ground (a/k/a Monument sign) shall mean a freestanding sign whose structural system is that other than a pole(s), column(s) or post(s) or other similar type structural system.

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Figure 2-4: Ground Sign

Illegal Sign shall mean any sign erected unlawfully. Illuminated Sign shall mean any sign which either: a. Provides artificial light through exposed bulbs, lamps, or luminous tubes on the sign surface; or b. Emits light through transparent or translucent material from a source within the sign; or c. Reflects light from a source intentionally directed upon it.

Figure 2-5: Illuminated Signs

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For the purposes of this definition, the term mansard roof shall mean a single slope roof, usually found along the front of a building, with a maximum angle of forty-five (45) degrees measured from the roofing surface upward to the vertical.

Figure 2-6: Mansard Sign

Monument Sign. (See "Ground Sign.") Moving Sign shall mean any sign or part of a sign which changes physical position by any movement or rotation, or which gives the visual impression of such movement or rotation. Mural Sign shall mean a wall sign painted on the exterior wall of a roofed building with its face in a parallel plane to the plane of the building façade. Multiprism Sign shall mean any sign made with a series of triangular vertical sections that turn and stop to show two (2) or more pictures or messages in the copy area. Nonconforming Sign shall mean a sign which does not conform to this Code but was in conformance with all sign, permitting and other regulations applicable at the time it was permitted or erected. The term legal nonconforming sign shall mean the same as nonconforming sign. This term does not include signs that were erected without a permit when one was required. Off-site Sign shall mean any sign not located on the same lot as the business, commodity, service or entertainment to which it relates. This shall include any structure designed primarily for the display of off-site signs. (See "Outdoor Advertising.") On-site Sign shall mean any sign located on the same lot or parcel as, and is accessory to, the business, commodity, service or entertainment to which it relates. Outdoor Advertising Sign shall mean any sign structure advertising an establishment, merchandise, service, or entertainment which is not sold, produced, manufactured, or furnished at the property on which the sign is located. This shall include but shall not be limited to billboards, off-premises signs or off-site signs. (See "Off-site.") Permanent Sign shall mean any sign which is affixed to a building or the ground in accordance with the requirements of the Florida Building Code and any other applicable federal, state, or local laws, and in such a manner as to be immobile without the use of extraordinary means such as disassembly.

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Pole Sign shall mean a freestanding sign whose structural system consists of a pole(s), column(s), post(s) or other similar type structural system. Pole signs may also be referred to as pylon signs. Pole Cover shall mean covers that enclose or decorate the poles or other structural supports of a sign. Political Sign shall mean a type of temporary off-site sign which constitutes a political advertisement, the primary purpose of which is related to the candidacy of any person for public office or any issue which has been submitted for referendum approval. Portable Sign shall mean any sign which is manifestly designed to be transportable, including transportation by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support, constructed without wheels, is converted to an A or T frame sign, or attached temporarily or permanently to the ground, since this characteristic is based on the design of such a sign. It is characteristic of such a portable sign that the space provided for advertising matter consists of a changeable copy sign.

Figure 2-7: Portable Sign

Projecting Sign shall mean any sign which is attached to and which projects more than twenty-four (24) inches from the outside wall of any building or structure.

Figure 2-8: Projecting Sign

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Revolving Sign (a/k/a Rotating) shall mean any sign so erected or constructed as to periodically or continuously change the direction toward which any plane containing the display surface area is oriented. Roof Sign shall mean a sign erected upon or above the roof surface of any building. This term shall not include a mansard sign or a sign erected on the vertical wall portion of a cupola.

Figure 2-20: Roof Sign

Sandwich Board Sign shall mean a portable, freestanding, movable and double-faced sign and shall be displayed as a temporary sign. Sidewalk Sign shall mean any sign placed on a public or private sidewalk. Sign shall mean any combination of sign structures (poles, fences, walls) and writing, pictorial presentation, illustration decoration, symbol, any material, color, lighting or other device which: a. Is used to announce, direct attention to, identify, advertise or otherwise make anything known; and b. Is visible from any public way or adjoining property. The term "sign" shall not be deemed to include the terms "building," "landscaping," any architectural embellishment of a building not designed to communicate information, religious symbols, memorials or tablets. Sign Contractor shall mean any individual who is qualified to install, repair, add to, or change signs. Sign Face shall mean the area, display surface, or part of a sign on which the copy or message is placed. Sign Permit shall mean a permit issued by the Director that authorizes the holder to erect, move, enlarge or substantially alter a sign. Snipe Sign shall mean an off-site temporary sign made of any material in the public right-of-way or utility easement which is tacked, nailed, posted, glued, or otherwise attached to any utility pole, tree, fence, fence post supports, stakes, or other signs or other similar objects.

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Figure 2-9: Snipe Sign

Structure Sign shall mean any structure which is designed specifically for the purpose of supporting a sign, has supported, or is capable of supporting a sign, including any decorative covers, braces, wires, supports, or components attached to or placed around the sign structure. Subdivision Sign shall mean a identification sign which is designed to identify a major subdivision (defined generally as eleven (11) or more residential lots and more specifically in Chapter 2 of this Code).

Figure 2-10: Subdivision Sign

Tag Sign shall mean a sign for scannable information without readable text.

Figure 2-11: Tag Sign

Temporary Sign: A sign not permanently imbedded in the ground or permanently affixed to a building or sign structure and intended to be capable of being moved.shall mean any sign erected on-site for a specific purpose (e.g., construction sign) intended to be displayed for 3

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months or less at the end of which the temporary sign is expected to be removed along with the pole, mast, frame or other structure to which it is attached if it is a freestanding sign. Temporary Off-Site Sign shall mean any temporary sign not located on the same lot as the business commodity, service or entertainment to which it relates. This shall include any structure designed primarily for the display of off-site signs. Wall Sign shall mean any sign which is painted on, fastened to, or erected against an exterior wall of a roofed building with its face in a parallel plane to the plane of the building facade or wall and which shall not project more than twelve (12) inches from such wall.

Figure 2-12: Wall Sign

Warning Sign shall mean any sign which is designed to provide public notice of a clear and present danger to public health, safety, or welfare and shall not exceed six (6) square feet of sign area. Window Sign shall mean any sign which is painted on the inside of, or attached to, the inside of, or visible through a window, excluding the display of merchandise.

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Chapter 6 - SIGNS ...... 1 Section 600. - Purpose...... 1 Section 601. - Applicability of Other Code or Regulatory Requirements...... 1 Section 602. - Administration...... 1 Section 603. - Sign Permits...... 2 Section 604. Prohibited Signs...... 3 Section 605. Sign Standards...... 43 Section 606. Sign Standard Adjustments...... 98 Section 607. Reserved...... 1211 Section 608. Public Schools Signs...... 1211 Section 609. Temporary Signs...... 1211 Section 610. North Central Overlay District Signs...... 1412 Section 611. Outdoor Advertising Signs...... 1513 Section 612. Nonconforming Signs and Uses...... 1916 Section 613. Violations...... 1917 Section 614. Severability of Sign Regulations...... 2018

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Chapter 6 - SIGNS

Section 600. - Purpose.

The purpose and intent of this Section is to provide minimum standards to protect the public health, safety and welfare, convenience and enjoyment of the general public through consistent and nondiscriminatory sign standards. Sign regulations are intended to make Manatee County safer by reducing safety hazards, to contribute to the development and maintenance of an attractive visual environment, while facilitating the communication of messages to the public. The purpose is to avoid an environment that encourages visual blight while protecting and promoting the aesthetic environment of the unincorporated area of Manatee County. The objectives and strategies of this section are as follows: A. Improve pedestrian and traffic safety; B. Lessen the visual clutter that may otherwise be caused by the proliferation of improper placement, illumination and animation and excessive height and excessive size (area) of signs which compete for the attention of pedestrian and vehicular traffic; C. To allow and encourage signs appropriate to the zoning district in which they are located and consistent with the category of use and function to which they pertain; D. Categorize signs based upon the function that they serve and tailor the regulation of signs based upon their function; E. To allow for the identification of business, residential and public uses without creating safety hazards, confusion, unsightliness, or visual obscurity of adjacent businesses or other neighboring structures; and F. Recognize the commercial communication requirements of all sectors of the business community and promote both renovation and proper maintenance. Section 601. - Applicability of Other Code or Regulatory Requirements.

A. Signs requiring the issuance of building permits or other advertising structures shall be permitted, constructed, and maintained in strict conformity with the Florida Building Code, Florida Statutes, and all other applicable regulations. B. Signs requiring the issuance of a sign permit or other advertising structures shall be permitted, constructed and maintained in strict conformity with the Land Development Code and all other applicable regulations (including, but not limited to, maximum size, number of signs, minimum setbacks, maximum height, minimum ground clearance and minimum separation requirements). C. No sign shall be permitted as a main or accessory use except in accordance with the provisions of this Code. D. In the event that any of the provisions of this Section are in conflict with other sections of this Code or other applicable requirements, the provisions of this Section shall apply. Section 602. - Administration.

The Department Director shall be responsible for the administration of this Section in coordination with other appropriate County and State Departments.

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Section 603. - Sign Permits.

603.1. Activities Requiring a Sign Permit.

A. No person shall erect, demolish, alter, rebuild, enlarge, extend, relocate, attach to, suspend from, or support from a building or structure a permanent or temporary sign unless a permit for such sign has been issued by the Department Director or unless such signs are specifically exempted from permit requirements. B. Replacement of any structural elements of a sign shall require a sign permit. However, Ppainting, repainting, cleaning or other ordinary repairs and maintenance of any legal sign or sign structure shall not require a sign permit. Replacement of any structural elements of a sign shall require a sign permit. C.A. No permit shall be required to change the advertising copy or message on signs which are specifically designed for the use of replaceable copy, or panels. D.C. It shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of a sign permit without the prior written approval of the Department Director. The written record of such approval shall be entered upon the original permit application and maintained in the files of the County. E.D. No sign permit for any on-site sign shall be issued until a building permit has been issued for the establishment to which it relates. F.E. All sign permits for permanent on-site and off-site signs shall be valid for the life of the sign. All temporary sign permits shall be valid for the period specified in this chapteron the permit. G.F. No sign permits for on-site signs will be issued for premises when existing signage of the same type exceeds the limits of this Code. Existing signs will either have to be modified or removed to allow additional signage. This requirement shall apply separately to wall signs and freestanding signs. H.A. Non-commercial messages permitted in substitution: Wherever these regulations permit erection of signs for commercial purposes or for the identification of the property on which the sign is located, the permittee may substitute any non-commercial message in lieu of the messages otherwise permitted. The right to substitute the non-commercial message does not waive any other requirement imposed by the ordinances of the County as to number, size, construction, location, lighting, obscenity, safety or any other regulated attribute. The right created by this subsection is one of substitution and not one of addition.

603.2. Signs Allowed Without a Sign Permit.

The following types of signs and activities may be erected without the issuance of a sign permit. All such signs shall be placed, maintained and removed in conformance with all other requirements of this Code except government signs:

A. Construction sign B. Farm sign [PER SECTION 604.50, F.S.] C. Flags D. Garage sale sign E.D. Government sign F.E. Mural sign G. On-site directional sign [NOT CONTENT NEUTRAL] H. Political sign I. Real estate sign J.F. Sandwich board sign

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K. Signs incorporated on machinery or equipment L. Signs related to fund-raising for schools, parks and churches M. Tag sign N. Temporary institutional sign types O. Temporary off-site sign P.G. Non-illuminated, non-commercial Ttemporary signs that do not exceed three (3) square feet in size and meet the standards of this chapter. Q. Warning sign R.H. Window sign I. No permit shall be required to cChanginge the advertising copy or message on signs which are specifically designed for the use of replaceable copy, or panels.

603.3. Sign Permit Application Procedures.

The Department Director shall establish follow the procedures and timeframes for completeness and sufficiency review outlined in the Development Review Administrative Procedures Manual for sign permit applications which shall include, but need not be limited to, sufficiency review of sign permit applications, various issues specific to each Department of the County, and application contents. A. Sign Permit Review. The Department Director shall review and approve or deny the sign permit or building permit. as applicable within forty-five (45) days after receipt of a complete application. If the Department Director fails to act within forty-five (45) days, the permit shall be deemed denied. If a sign permit is denied, the Department Director shall prepare a written notice of his or her decision, describing the applicant's appeal rights, and send it by certified mail, return receipt requested, to the applicant. B. Sign Permit Appeals. The applicant may file a written notice of appeal to the Hearing Officer containing the specific grounds for appeal within fifteen (15) days after the date of receipt of the Department Director's written notice. The Hearing Officer shall hear the appeal and render a decision within thirty (30) days after the date of receiving the written notice of appeal. If the Hearing Officer does not grant the appeal, then the applicant may seek relief in the Circuit Court for Manatee County, as provided by law. The public hearing notice requirements in Chapter 3 do not apply to the appeal provided for in this section.

603.4. Non-commercial messages permitted in substitution:

Wherever these regulations permit erection of signs for commercial purposes or for the identification of the property on which the sign is located, the permittee may substitute any non-commercial message in lieu of the messages otherwise permitted. The right to substitute the non-commercial message does not waive any other requirement imposed by the ordinances of the County as to number, size, construction, location, lighting, obscenity, safety or any other regulated attribute. The right created by this subsection is one of substitution and not one of addition. Section 604. Prohibited Signs.

Prohibited signs, except as otherwise provided by this Section, shall be determined as follows:

A. All signs not expressly permitted are hereby prohibited. B. Abandoned signs are hereby prohibited. C. Signs which imitate or resemble official traffic or government signs and signals are hereby prohibited. D. Signs within any public rights-of-way (County or State) or on public lands, except for government signs, are hereby prohibited.

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E. Signs in visibility triangles are hereby prohibited. F. Signs causing traffic or any other hazard are hereby prohibited. G. Signs which bear or contain statements, words, or pictures of any obscene, pornographic, or immoral character are hereby prohibited. H.G. Signs which emit audible sound, vapor, smoke, odor particles, or gaseous matter are hereby prohibited. I.H. Signs that have unshielded illuminated devices that produce glare or are a hazard to motorists or occupants of adjacent properties are hereby prohibited. J.I. Signs that due to any lighting or control mechanism, causes radio, television, or other communication interference are hereby prohibited. K.J. Signs that are erected or maintained so as to obstruct any firefighting equipment, window, door, or opening used as a means of ingress or egress for fire escape purposes, including any opening required for proper light and ventilation, are hereby prohibited. K. Flashing signs L. Signs for any home occupations and conditional home occupations, except as otherwise permitted, are hereby prohibited. Section 605. Sign Standards.

605.1. Sign Standards Matrix

All signs requiring a permit shall comply with the size, height, setbacks and other specifics identified in Table 6-1, Sign Standards Matrix, in addition to the general standards stated in the following subsections.

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Table 6-1: Sign Dimensional Standards

SETBACKS (FROM PROPERTY LINE)

PROJECT LOCATION HEIGHT

TYPE Front Side Rear Other MAX MAX SIZE RESTRICTIONS MISC.

ILLUMINATIO ALLOWED? N TIME LIMIT? FREE STANDING SIGNS RESIDENTIAL & NON-RESIDENTIAL PROJECT IDENTIFICATION SIGNS

Residential 12' 10' 10' 12' 48 sf Intersection Yes No LED not permitted Subdivision/Multi- entrances only, one family Identification on each side of entrance Home Occupation Not permitted See 604 NON-RESIDENTIAL

DRI/CDD/Large See 606 Master Project on-site Sign Plan Option Directional Signage

Interstate See 606 Master Sign Plan Option

North Central See 609610 Overlay District (NCO) Off-Site Directional See 611 Signs

Outdoor See 613611 Advertising Signs

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SETBACKS (FROM PROPERTY LINE)

PROJECT LOCATION HEIGHT

TYPE Front Side Rear Other MAX MAX SIZE RESTRICTIONS MISC.

N ALLOWED? N TIME LIMIT? ILLUMINATIO Political Signs 5' in 10' 6 sf in See 609.2 See 609.2 nonresidential residential districts district; 32 sf all other districts Restricted 12' from front 10' from 10' from Residential Residential 2 per event No Yes. 120 See 609 Temporary Signs lot line side lot rear lot districts districts 6 sf 90 line line 10’ Non-res. consecutive Non-res districts 32 sf days per districts 25' 16 sf year Subdivision/Project 12' 10' 10' 25' 20' 75 sf Intersection Yes No LED not permitted Identification entrances only, one on each side of entrance Single/Multi-Establishment Premises:

- Lot with <50' 12' 10' 10' 25' 50 sf One sign per Yes No LED not permitted Frontage frontage

- Lot with 50'—150' 12' 10' 10' 25' 75 sf One sign per Yes No LED not permitted frontage frontage

- Lot with 150'— 12' 10' 10' 25' 75 sf plus 1 One sign per Yes No LED Permitted on 1,000' frontage sf or each 6' frontage collector or arterial of frontage roadways (max 150 sf)

- Lot on arterial 20' 25' 150 sf each One sign per Yes No LED Permitted on and >1,000' (2 signs frontage 1,000' min. collector or arterial frontage max) or one between signs. No roadways 300 sf sign other permanent

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SETBACKS (FROM PROPERTY LINE)

PROJECT LOCATION HEIGHT

TYPE Front Side Rear Other MAX MAX SIZE RESTRICTIONS MISC.

ILLUMINATIO ALLOWED? N TIME LIMIT? signs along frontage.

Wall, Mansard & Cannot Cannot Cannot Less 2 sf per One sign per Yes No Corner locations get Canopy project project project than linear foot of frontage for one sign for each beyond more onto 1,000 ft. building establishments in frontage roofline or than 24" streets. of frontage (200 single/ or multi sidewalls away Must be 8' frontage sf max) occupancy attached to from above on premises. Multi attached pedestrian single establishment wall walkways street premises with less than 1,000' frontage on a single street may have one 200- sf identification or combination wall sign 200 sf in lieu of all freestanding signs on the same frontage sf = square feet; ft./' = feet; min. = minimum; " = inches

(Ord. No. 16-24, § 3 (Exh. A-6), 11-15-16)

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605.2. Measuring Signs.

A. Sign Area. The area of a sign includes the entire area within the outer periphery of the smallest single or combination of regular simple geometric shapes within which the message is contained. This shall enclose the extreme limits of writing, representation, emblems, and all material, color, or lighting forming an integral part of the display or used to differentiate it from the background against which it is placed. The sign area is calculated in units of square feet based on one (1) side. However, the maximum total area allowed for all sides shall not exceed twice the allowable specified in this Code.

Figure 6-1: Sign Area

B. Sign Height. The height of a freestanding sign shall be measured from the base of the sign or supportive structure at its point of attachment to the ground, to the highest point of the sign. A freestanding sign on a man-made base, including a graded earth mound, shall be measured from the grade of the nearest pavement or top of any pavement curb.

Figure 6-2: Measurement of Height

605.3. Illumination of Signs.

A. Generally. All illumination shall be so shaded, shielded or directed so that the light beam shall not adversely affect safe vision of pedestrians or vehicles moving on public or private streets, travel ways, or parking areas. Light shall not shine or reflect in an offensive manner on or into residential structures, motels or hotels. B. Exposed Lighting—Maximum Power. Exposed reflective-type bulbs or incandescent lamps shall not exceed forty (40) watts. C. External Lighting. Where an external source of illumination is used, such source or glare shall not be visible from any public way or adjacent property.

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605.4. Changeable Copy Signs (Manual or LED Signs).

A. Changeable Copy Signs shall be allowed along functionally classified roadways only. B. Changeable Copy Signs shall be located a minimum of fifty (50) feet from any residential property. C. The display shall not change more than once every five (5) seconds. No animation, scrolling, flashing or appearance of movement is permitted. All such displays shall be a minimum of eight (8) feet above the grade. D. Changeable Copy Signs shall be limited to one (1) per premises and cover not more than sixty-five (65) percent of the erected freestanding or wall sign area. E. Changeable Copy Signs within the Historic Vista Protection area are subject to additional review in accordance with Section 403.6.

605.5. Canopy and Awning Signs.

Canopy, Awning Signs may be allowed in lieu of wall signs providing a building permit is obtained.

605.6. Signs for Drive-Through Restaurants.

In addition to the signs otherwise permitted by this Code, a drive-through restaurant shall be permitted identification signs placed in proximity to the drive-through lane. for purposes of identifying items available on-site. The signs shall require a permit.

Section 606. Sign Standard Adjustments.

Adjustments as specified in this section may be permitted subject to the criteria set forth below. Applications for adjustments shall be reviewed and considered for approval without regard to the content of the signs.

606.1. Purpose and Applicability.

The sign regulations are designed to avoid an environment that encourages visual blight while protecting and promoting the aesthetic environment of the unincorporated area of Manatee County. These regulations apply over a wide area but because of the County's diversity of development types, some sites may be difficult to develop in compliance with these regulations. The adjustment review process provides a mechanism by which the regulations of this section may be modified if the proposed signs continue to meet the intended purpose of the sign regulations with the submission of master sign plans. Adjustments provide flexibility for unusual situations and allow for alternative ways to meet the purposes of this Code while providing certainty and the efficient processing of land use applications. Each adjustment shall be considered unique and shall not set a precedent for others.

606.2. Sign Standards Eligible for Adjustments.

Adjustments shall be limited solely to the size, number, height, or setback of a sign. Additionally, adjustments may be granted for locations only for on-site signs. No other adjustments to any other requirements of this Code are permitted. No adjustments shall be granted for the following items:

A. Changes in permitted types of signs. B. Adjustments which permit building-mounted signs to extend above the roof line.

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C. Adjustments which permit a sign to be located in a visibility triangle. D. Adjustments which permit a prohibited sign. E. Adjustments shall not allow any sign in off-site advertising sign-free areas as described in Section 611.

606.3. Application Requirements.

The application for an adjustment shall be accompanied by a master sign plan and documentation that establishes how the applicant meets the requirements of this Section. The master sign plan is intended to produce a coordinated and complimentary graphic image that achieves consistency and harmony among signs. For a master sign plan to be considered, the property must be developed or have a site plan submitted to the County and remain in unified control and must have a minimum combined street frontage of one thousand (1,000) feet or more. The master sign plan shall provide at least the following elements:

A. An elevation plan, drawn to scale, depicting all signs placed or to be placed on the buildings on the parcel. B. A site plan, drawn to scale, indicating the location of all freestanding signs erected or to be erected on the parcel, including setbacks. C. A scale drawing of all freestanding signs depicting the sign type, sign number, sign setback, height, dimensions and sign area, including the sign structures. D. For directory signs or other signs providing for more than one (1) tenant, the amount of sign area allocated for each tenant shall be indicated. E.D. The types of illumination to be used for each type of sign. F.E. A section addressing the process for approval of changes to the master sign plan. G.F. A statement that "Any proposed sign by any tenant that creates a uniform change from the approved Master Sign Plan will require the applicant to obtain a statement from the property owner or manager's designated reviewer assessing the extent to which the variation is in keeping with the intent and goals of the Master Sign Plan."

606.4. Adjustments—Administratively Approved.

The Department Director is authorized to grant adjustments administratively and the criteria by which adjustments are considered shall not be interpreted to regulate signage based upon sign content. The Department Director shall review the application for the adjustment and master sign plan and may request comments of members of the development review committee (DRC). The adjustments which may be administratively approved are as follows:

A. The request of the adjustment would not result in a reduction of a code requirement or an increase in a code limitation by more than twenty (20) percent regarding sign height, sign setback, sign size, number of signs or sign location (on-site). Provided, however, once the administratively approved adjustments for either sign area, height or number of signs cumulatively exceed twenty (20) percent of the applicable sign standard for a specific sign or signs, then approval of any further adjustments to any one (1) or more of the above standards may only be granted by the Hearing Officer. B. Adjustment would not result in a sign otherwise prohibited by this Code. C. Adjustment requests are limited to on-site signs when necessary to clear obstruction or interference by excessive grades, buildings, bridges, trees and the like provided that all the other requirements of this Code are met.

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D. Simultaneously, with the approval of the adjustments requested the Department Director shall also consider approval of the master sign plan provided the master sign plan provides that signs of a similar type and function within the development meet the following criteria: 1. The proposed signs provide a consistent shape or theme and such review shall be performed without regard to the content of the sign; 2. The proposed signs use a consistent style and type of illumination; and 3. Any proposed building signs are mounted in a consistent location on the building. 4. The master sign plan provides for uniformity of proportions of tenant signs. 5. The plans depict sign foundation landscape improvements.

606.5. Amendments to Approved Master Sign Plan.

After approval of a master sign plan, no sign shall be erected, placed, painted or maintained, except in conformance with such plan or provided that the plan is amended. All changes, except as provided in this Section, to an existing master sign plan shall require a formal application with all required information as determined by the Department Director to enable the staff to properly evaluate the requested change in accordance with the above criteria.

606.6. Hearing Officer Authority—Adjustments.

The determination of the Department Director to grant, grant with modifications or deny an adjustment is appealable to the Hearing Officer in accordance with the requirements of this Code. The Hearing Officer shall conduct a de novo public hearing to hear applications for adjustments requesting a reduction of a Code requirement or an increase in a Code limitation by more than twenty (20) percent regarding sign height, sign size, number of signs or sign location (on-site). The Hearing Officer shall also have the authority to hear appeals from determinations of the Department Director regarding the granting, granting with modifications or denial of adjustments administratively. The proceedings for the Hearing Officer shall be advertised and conducted in accordance with the procedures in this Code. A sign which requires an adjustment shall be subject to individual review of its location, design, configuration, operation and the particular location proposed to assure consistency with this Code and the Comprehensive Plan. Each adjustment may require the imposition of individualized conditions to achieve such consistency.

The Hearing Officer shall review the proposed adjustment, shall consider the written staff analysis and the testimony at the public hearing, and shall grant, grant with conditions or deny the application. The request for an adjustment shall not subject the entire application for development approval to a public hearing unless otherwise required by this Code, but only that portion necessary to rule on the issue under consideration.

The Hearing Officer shall make findings that the criteria of these regulations have or have not been satisfied by the applicant.

The action by the Hearing Officer to grant an adjustment or to grant an adjustment with conditions or safeguards shall be documented in the form of a resolution containing a legal description of the property to which the adjustment applies, together with the terms of the adjustment and any additional conditions or safeguards imposed.

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606.7. Conditions.

In granting any adjustment, the Department Director or the Hearing Officer shall prescribe appropriate conditions and safeguards in conformity with these regulations. Violation of such conditions and safeguards, when made a part of the terms under which the adjustment is granted, shall be deemed a violation of this Code.

606.8. Amendments.

An adjustment may be amended only by following the procedures in this Section.

Section 607. Off-Site Directional Signs. Reserved.

Off-site directional signs shall be permitted only in non-residential and agricultural zoning districts, provided the following standards are met:

A. Off-site directional signs shall not be located closer than one thousand (1,000) feet from any other off-site sign. B. Off-site directional signs shall not exceed sixteen (16) square feet of sign area, and shall not exceed ten (10) feet in height. Signs placed on agricultural-zoned property are allowed up to thirty-two (32) square feet in area. C. Off-site directional signs shall be located on private property a minimum of five (5) feet from a lot line. No signs over thirty (30) inches in height shall be located within any required visibility triangle. D. More than one (1) facility or activity may be listed on any one (1) off-site directional sign. E. Off-site directional signs may require a State Department of Transportation sign permit when located adjacent to any State road per Chapter 479, Florida Statutes. Section 608. Public Schools Signs.

A. Public educational facility signs (main or accessory) placed on property owned or leased by the School Board of Manatee County shall be exempt from the requirements of this chapter and County permitting if the sign meets all of the following standards. Educational facilities shall be defined within the meaning of F.S. § 1013.01. 1. The sign meets minimum setback, minimum ground clearance and maximum height requirements of this Code; and shall comply with visibility triangle restrictions of this Code. 2. The on-site sign is for providing information related to the school or facility at which it is placed. 3.2. The sign conforms to the Florida Building Code. 4.3. The sign is inspected as required by applicable law. B. Signs placed on property owned or leased by the School Board of Manatee County which do not meet the above requirements shall be required to comply with all the provisions of this Chapter. Section 609. Restricted Temporary Signs.

609.1. Temporary Signs.

A restricted temporary sign is for the purposes of advertising promotional sales events or merchandise at specified times, up to one hundred twenty (120) days, throughout the calendar year. The days to secure a restricted temporary sign permit are at the discretion of the property owner. A restricted temporary sign

[DRAFT 11/19] Page 12 Manatee County LDC Amendments Chapter 6, Signs permit sticker shall be granted to a property owner identifying the valid dates of the permit. The permit sticker identifying the days that the permit is valid shall be displayed in plain view. A property owner may secure a restricted temporary sign permit by making application to the Department Director. A site plan depicting proposed sign type, size, height and location shall be included in the application. The types of Restricted Temporary Signs are limited to those identified below. Standards are applicable as set forth in the Sign Matrix (Appendix A). All such signs shall be placed, maintained and removed within the timeframes identified in the permit.

A. Sign Types. Temporary signs may be freestanding or attached to the building, but may not be attached to a permanent sign permitted per this chapter. The following types of temporary signs are allowed: 1. Animated signs 2. Banners with text 3. Flashing or moving 4.3. Multi-prism signs 5.4. Portable signs 6.5. Roof signs 7.6. Snipe signs 8. Twirling signs 9.7. Other similar signs B. Sign Area. Six (6) square feet per sign in residential zoning districts intended for single family, duplex, townhomes and mobile homes; thirty-two (32) square feet per sign in non-residential, multi- family and mixed-use districts. This sign area is in addition to any permanent signs allowed per this Chapter. C. Sign Height. Temporary signs shall not exceed ten (10) feet in height in zoning districts intended for single family, duplex, townhomes and mobile homes and twenty-five (25) feet in height in non- residential , multi-family and mixed-use zoning districts. D. Sign Setbacks. See Table 6-1. E. Duration. Temporary signs may be erected for a period of ninety (90) consecutive days maximum (180 days total in a year). F. Illumination. Temporary signs shall not be illuminated. G. Additional Temporary Signs. 1. Construction Sites: Properties undergoing site/building construction or improvements for which a building permit has been obtained, are permitted an additional temporary sign per development site frontage, irrespective of copy or message. Such signs shall meet the standards noted in A through F, above, except that subdivisions are entitled to the maximum size and height permitted for non-residential developments. 2. Sites/Buildings for Sale/Lease: A parcel or building for sale, lease or rent are permitted an additional temporary sign, irrespective of copy or message. Such sign shall meet the standards noted in A through F, above. Subdivisions are entitled to the maximum size and height permitted for non-residential developments.

609.2. Political Signs.

A. The maximum height of political signs is ten (10) feet;

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B. The required setback for political signs from the property line in non-residential districts shall be five (5) feet; C. The maximum sign area in residential districts for political signs is six (6) square feet; in all other districts thirty-two (32) square feet; D. Erection and removal of all political signs shall be the joint responsibility of the owner of the property upon which the sign is placed, of the owner of such sign and the candidate for whom such sign was placed. Each such person shall be jointly and severely liable for violation of the terms and conditions of this section. E. Political signs, as temporary signs, may be erected on private property and shall be removed within thirty (30) days after the election or a referendum issue has been decided. Section 610. North Central Overlay District Signs.

610.1. Purpose.

The purpose of this section is to provide standards for the design and construction of signs in the North Central Overlay District to reflect the character of the community and to be expressive of individual businesses.

610.2. Applicability.

The provisions of this Section shall apply to new and replacement signs within the North Central Overlay District, as outlined in the Official Zoning Atlas. In the event of a conflict between other provisions of this Code and this Section, the more restrictive of the provisions shall prevail. Government signs are exempt from this Section.

610.3. Prohibited Sign Types.

In addition to the sign types prohibited in this Chapter, the following sign types which are not representative of the character in the North Central Area are prohibited:

A. Pole signs. B. Changeable copy signs, if message is changed electronically only. C. Fluorescent signs. D. Neon signs, except those denoting incidental information when designed within the area of a permitted sign type and occupying no more than four (4) square feet of sign area. Neon may not be used for architectural accent purposes.

610.4. Standards.

A. Generally. Signs in the NCOD shall conform to the following standards in addition to, and subject to, the requirements of this Chapter, and applicable development approvals. 1. Permitted signs shall include those classified as being on-site, temporary, or exempt, or subdivision. 2. The total area of all sign faces on a sign shall not exceed one hundred (100) square feet. 3. Sign materials, colors, and shapes considered for approval must be architecturally consistent with the building they identify. Architectural consistency includes compatibility of forms, materials, finishes, and colors.

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4. Residential subdivision signs shall conform to the sign matrix of this Code. B. Ground signs. Ground signs shall be designed and constructed to complement the architectural character of on-site buildings that conform to these design standards by using natural materials, direct lighting, and limiting the size and number of signs. Address information shall be provided on signs to assist drivers in finding businesses. 1. Maximum sign area and height shall be as follows:

Table 6-2: North Central Overlay District Maximum Sign Area & Height

Specification Length of Roadway Frontage <300 Linear Feet 300—600 Linear Feet >600+ Linear Feet Maximum Sign Area 60 sf 80 sf 100 sf Maximum Sign Height 8 ft. 12 ft. 16 ft.

2. The exterior base structure shall be made or faced with natural materials such as native stone, brick, wood, or timber materials. 3. Ground signs shall include a street address number or range of address numbers for the building(s) it identifies and shall be considered as a part of the sign area. 4.3. One (1) ground sign is allowed for each road frontage per premises, regardless of the length of roadway frontage. In the case of a shopping center with freestanding buildings, each freestanding building may be permitted a separate ground sign provided the outparcel has a minimum of one hundred (100) feet of frontage on the roadway where the sign is located. 5.4. Ground signs shall be set back a minimum of twelve (12) feet from the front lot line and ten (10) feet from side and rear lot lines. 6.5. For properties abutting residential districts, ground signs shall be set back twenty-five (25) feet from the residential district. 7.6. The use of roof, capital, landscape, or base design detail on signs is encouraged. 8.7. Landscaping is encouraged in the area surrounding the sign base. Section 611. Outdoor Advertising Signs.

611.1. Allowed Outdoor Advertising Signs.

All outdoor advertisement shall be in compliance with the provisions of F.S. ch. 479, and Chapter 14-10, Florida Administrative Code, as amended. Outdoor Advertising Signs are permitted on undeveloped or vacant parcels in the GC, HC, CRV, LM, HM, PDC, PDI, PDRV, PDUI and PDPM districts, except as provided in Section 611.2, subject to the restrictions elsewhere in this Chapter, the applicable state statute and the following:

A. Location and Dimensional Standards. 1. Maximum height: Forty (40) feet above grade; 2. Maximum length: Forty (40) feet; 3. Minimum spacing between: Two thousand (2,000) feet same side of road;

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4. Minimum sign area: Two hundred (200) square feet per face; 5. Maximum sign area: Two hundred (200) square feet per face; and 6. Maximum faces per side: One (1) face per side. B. Setbacks. In addition to other restrictions, all outdoor advertising signs must meet all required district building setbacks, minimum fifteen (15) feet. All such signs shall be located no closer than twenty (20) feet to any building or structure. C. Separation. No outdoor advertising sign shall be erected closer than three hundred (300) feet to any church, school, cemetery, public park, public playground, major thoroughfares, historic sites, landmarks or residential zoning districts, state or national forest. D. Prohibited Types of Outdoor Advertising Signs. Three-prisms, three-dimensional, scrolling, and rotating signs are not allowed. E. Nonconforming Outdoor Advertising Signs. Nonconforming outdoor advertising signs shall not be moved, altered, enlarged, or reconstructed without complying with this Code. F. Permit. No outdoor advertising sign shall be erected without a sign permit from Manatee County and the Florida Department of Transportation. G. Off-Site Advertising Sign-Free Areas. The following thoroughfares shall be sign-free areas from which no off-site advertising sign shall be visible. Off-site directional signs are permitted in these areas. 1. U.S. 19, South from Hillsborough County line to the Palmetto City limits. 2. S.R. 64, East from the Bradenton City limits to S.R. 675. 3. 26th St. W., South from the Bradenton City limits to Sarasota Bay. 4. Manatee Ave. W. (S.R. 64), West from the Bradenton City limits (34th St. W.) to Holmes Beach City limits. 5. DeSoto Memorial Hwy. (75th St. W.), North from Manatee Ave. W. to the Manatee River. 6. Palma Sola Blvd., South from Manatee Ave. to Cortez Rd. 7. Palmetto Business 41, South from U.S. 41 to the Palmetto City limits. 8. U.S. 301 East from 24th Ave. East in Ellenton to S.R. 675 and from the Sarasota County line north to the intersection with U.S. 41. 9. Cortez Rd., East from Bradenton Beach City limits to 14th St. W. 10. U.S. 41, South from 30th Ave. to Cortez Rd., then West along Cortez Rd. to 14th St. W., then South to the Sarasota County line. 11. 53rd Ave., from new U.S. 301 West to 75th St. W. 12. S.R. 70, from old U.S. 301 East to S.R. 675. 13. Moccasin Wallow Road, East from U.S. 41 to U.S. 301. 14. University Parkway, East from U.S. 301 to western line of S31-T35-R19. 15. Entranceways, see Section 900. 16. Interstates, I-275 from the Skyway Bridge to the intersection with I-75; I-75 from the northern County line of Manatee County to the southern County line. 17. 15th Street East, from U.S. 301 and University Parkway to the Bradenton City limits. 18. 301 Boulevard East, North from 15th Street East to Bradenton City limits.

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611.2. Billboard Signs Exchange Program.

A. Purpose. The purpose of this Section is to provide standards and restrictions for the exchange of signs previously approved as message center signs for electronic billboard signs to promote the visual aesthetics of the County and safety of vehicular travel. These standards and restrictions maintain, support and protect the aesthetic character of the County by providing for the removal of certain message center signs; as well as protect the safety of the motoring public, by limiting the location of and specifications for electronic billboard signs and generally further the public interests of the citizens of Manatee County. B. Applicability. This Section shall be applicable to real property located within the Entranceway adjacent to I-75 which previously received Preliminary Site Plan approval for an on-site, freestanding message center sign in excess of four hundred (400) square feet on property zoned Planned Development-Mixed Use (PDMU) and located within the Mixed Use (MU) Future Land Use Classification prior to January 1, 2012. C. Definitions. Dwell Time is the minimum duration of a single display on an electronic billboard sign. During the dwell time, the message display shall be static, and there shall not be any change of color; flash, fade, rotation, twinkle, twirl, scroll, show of action or motion, or illusion of action or motion.

Electronic Billboard Sign. For purposes of this Section, electronic billboard sign is defined as a billboard sign that incorporates within or upon one or more of its sign faces digital or other electronic changeable message technology that allows advertising copy to be changed remotely rather than by changing the advertising copy on site with poster sheets or vinyl.

Message Sequencing means dividing a single thought or message into two (2) or more successive sign displays on a single electronic billboard sign. For example, it shall be considered message sequencing if the second display answers a textual question posed in the first display, continues or completes a sentence started on the first display, or continues or completes a story line started on the prior display.

D. Upgrade to Electronic Billboard Sign. An on-site sign previously approved as a freestanding message center sign may be upgraded to an electronic billboard sign upon processing an application for a Preliminary Site Plan approval to be heard by the Board of County Commissioners. A sign permit is also required in accordance with this code. A Preliminary Site Plan approval and the Sign permit is only valid for the specific location for which it has been issued. A Preliminary Site Plan approval and sign permit may not be transferred from one location to another. For each electronic billboard sign for which approval is sought, the sign owner must submit an application demonstrating that each of the following conditions of approval have been met: E. Exchange Rate. 1. A minimum of eight (8) sign faces of static outdoor advertising signs must be permanently removed in exchange for each single sign face on an electronic billboard sign (electronic billboard sign face). In addition, the combined square footage of sign face area removed shall total at least four (4) times the square footage of electronic billboard sign face for which approval is sought. 2. Notwithstanding, the foregoing subsection 1 above, as an alternative to the exchange rate described above, a sign owner may permanently remove one (1) electronic billboard sign face in exchange for a new electronic billboard sign face and another location for which a sign permit is sought.

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3. Removal of the freestanding message center sign referred to in subparagraph D of this Section, if constructed, must occur prior to the effective date of this Section in order to count for purposes of exchange of the exchange rate in this Section. F. Locational and Dimensional Standards. 1. Each single sign face of the electronic billboard shall not exceed seven hundred (700) square feet. 2. The parcel upon which the electronic billboard sign is located shall not be within a historic view protection area. 3. The parcel upon which the electronic billboard sign is located must be adjacent to I-75 with the electronic billboard sign being orientated towards and viewable from I-75. 4. The maximum height of the electronic billboard sign shall be sixty-five (65) feet. 5. No electronic billboard sign shall be located within four hundred (400) feet of any residentially zoned property or within four hundred (400) feet of any property with an existing legal residential land use. The distance shall be calculated as the shortest measurable distance between the nearest point of the electronic billboard sign to the edge of the residential district or residential property. 6. Spacing. Electronic billboard signs shall be spaced a minimum of two thousand five hundred (2,500) feet from another electronic billboard sign which is facing in the same direction on the same roadway. G. Lighting Control and Mitigation. Lighting from the electronic billboard sign shall not result in a light intensity greater than 3/10 of one (0.3) footcandle above ambient lighting, as measured at the property line of any residential property within two hundred (200) feet of the base of the sign structure. At the time of sign permit application, the sign owner applying for the sign permit for the electronic billboard sign shall submit a certification to the designated office of the County that this standard has been satisfied. H. Operational Standards. 1. The dwell time, defined as the interval of change between each individual message, shall be consistent with rules promulgated by the Florida Department of Transportation but in no event less than eight (8) seconds. Any change of message shall be completed in one (1) second. The dwell time shall not include the time required to change a message. There shall be no special effects or other content between messages. 2. The message shall be static during the dwell time set forth in subsection H.1 above. There shall be no flashing or varying light intensity of movement during the message. Messages shall not scroll and shall not give any appearance of moving or in any way include active movement. 3. Messaging sequencing on an electronic billboard sign is prohibited. 4.3. Each electronic billboard sign's operating system shall contain a light sensing device to adjust brightness as ambient light conditions change in order to insure ensure that the message meets the following brightness standards. The maximum brightness shall be 0.3 footcandles above the ambient light measured two hundred fifty (250) feet perpendicular from the face of the sign. 5.4. No electronic billboard sign shall display light of such intensity that it interferes with the effectiveness of an official traffic sign, signal or device. 6.5. The electronic billboard sign shall have a default mechanism or setting that will cause the sign to turn off or freeze in one (1) position at a brightness no brighter than normal operation if a malfunction or failure (meaning any unintended interruption in message sequencing) occurs.

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7.6. The electronic billboard sign shall not be configured to resemble a warning or danger signal nor shall there be any configuration which may cause a driver to mistake the sign for a warning or a danger sign. The sign shall not resemble or simulate any lights or official signage used to control traffic. 8.7. All electronic billboard signs shall be in compliance with the provisions of F.S. ch. 479, as amended and Chapter 14-10, Florida Administrative Code, as amended. Section 612. Nonconforming Signs and Uses.

612.1. Continued Existence.

Nonconforming signs may continue to be displayed until the end of their useful life, subject to the following additional requirements:

A. Any sign not in conformance with the provisions of this Code, including legal nonconforming signs, shall be required to be brought into compliance at any time that a substantial improvement is made to the sign. B. Nonconforming status shall not be afforded to any sign that was erected without the county, state, or federal agency required permits or on to any signs which have been illegally installed, constructed, placed, modified, or maintained. C. Permitted alterations to nonconforming signs shall be limited to message changes on permanent on-site and off-site outdoor advertising signs and changeable copy signs, non-substantial repairs and other alterations which do not enlarge or prolong the life of the sign. D. The prohibited alterations to a nonconforming sign unless the sign is brought into conformity with this Code are: increases in sign area; re-erection or relocation of the sign; alterations which prolong the life of the sign; conversion to another sign type or function type. E. Any sign rendered nonconforming as a result of eminent domain or the threat of eminent domain shall not be required to be removed or relocated unless deemed a safety hazard by the Department Director.

612.2. Replacement.

Nonconforming uses shall be allowed to replace existing signage with signage of the same height, area, location and dimension.

Section 613. Violations.

613.1. Maintenance.

The failure of the owner, agent, or lessee of a sign for which a sign permit has been issued to properly maintain the sign in accordance with the requirements of this Code shall constitute a violation of this Code.

613.2. Illegal Signs.

No persons shall erect or assist in the erection, construction, maintenance, alteration, relocation, repair, or do any work upon any sign to which a required permit and identification tag is not attached. Any such sign shall be illegal and may be subject to immediate removal.

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613.3. Removal.

The failure of a property owner to remove a sign prohibited by this Code shall constitute a violation of this Code. In addition to other remedies, the Department Director is hereby authorized to cause removal of the sign with proper notice, at the expense of the owner of the sign or property. Signs on rights-of-way, utility poles or on trees; hazardous signs, signs within the visibility triangle or any sign, except government and legal nonconforming signs, located upon, within or otherwise encroaches upon County or public rights-of-way or on public lands or within the visibility triangle, shall be subject to immediate removal, without notification to violators, and impounding by the Manatee Sheriff's Office, Code Enforcement, or other authorized County employee at the expense of the owner, agent, lessee, sign contractor, or other person having beneficial use of the sign. When impounded, the sign shall be held by Manatee County for a minimum of ten five (105) days, during which the sign owner may recover the sign upon payment of removal and storage costs. After ten five (105) days the sign may be sold or destroyed at the option of the county.

613.4. Revocation.

The Department Director is authorized and empowered to revoke any sign permit issued (a) upon failure of the holder to comply with the plans and documentation supporting the application for the permit, or (b) if the permit was issued in error or on the basis of misstatement of facts or fraud by the applicant.

613.5. Violation of Code.

Any sign in violation of this Chapter shall constitute a violation of this Code.

Section 614. Severability of Sign Regulations.

If any part or provision of the sign regulations contained in this Chapter and other provisions of the Land Development Code regulating signs or application thereof to any person or circumstance is adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of these sign regulations of the application thereof to other persons or circumstances. The Board of County Commissioners hereby declares that it would have enacted the remainder of these sign regulations even without any such part, provision or application. It is the specific intent of the Board of County Commissioners that each provision of the sign regulations contained in this Chapter and other provisions of the Land Development Code regulating signs shall stand alone and operate independently of any other provision herein. If any section, subsection, sentence, phrase or portion of the sign regulations in this Chapter or other provisions of the Land Development Code containing sign regulations, is declared invalid for any reason, it is specifically declared by the Board of County Commissioners that such section, subsection, sentence, phrase or portion is separate, distinct and independent of all other sections, subsections, sentences, phrases or portions of the sign regulations in the Land Development Code such that all other provisions are intended to remain valid and enforceable.

[DRAFT 11/19] Page 20 Public Comments LDC Amendment Signs – Content Neutral

From: Lisa Barrett Sent: Monday, November 04, 2019 3:53 PM To: Bobbi Roy Cc: Robert Wenzel ; John Barnott ; Fred Goodrich Subject: FW: comments draft sign code

Bobbi,

Please see public comment below/attached.

From: James Carpentier Sent: Thursday, October 31, 2019 8:10 PM To: Lisa Barrett Cc: David Hickey ; Christina Welty ; Oren Dowdy Subject: comments draft sign code

Hello Lisa,

Thanks again for sending the legislative drafts of the proposed code changes. I have attached several suggestions for the code, design standards and definitions along with some supporting documentation and resources. Overall you have done a good job with the code and much of the code is straightforward and sound. I would be remiss if I did not mention the workshop we are holding which is hosted by the City of Doral in a couple of weeks (even though I know it is quite a haul from Bradenton). I have included details on this workshop below.

Do not hesitate to contact me with any questions.

Thanks

James B Carpentier AICP Director State & Local Government Affairs

1001 N. Fairfax Street, Suite 301 Alexandria, VA 22314 (480) 773-3756 Cell www.signs.org | www.signexpo.org [email protected]

This is an invitation for you and your staff to attend this ½ day workshop Planning for Sign Code Success™ hosted by the City of Doral, on November 15th, with the Southern States Sign Association and the International Sign Association. This complimentary workshop includes:

• Reed All About it • Best Practices Drafting a Sign Code • Regulations that Encourage Creative Design • Regulating Electronic Message Centers • 3.25 AICP CM • Continental breakfast, lunch and networking opportunities.

The most recent workshop was rated 4.5 by planners that logged in CM credits. To register and for more details on this timely and informative workshop go to this link: PSCS Doral.

Manatee County LDC Amendments Chapter 6, Signs

Chapter 6 - SIGNS ...... 1 Section 600. - Purpose...... 1 Section 601. - Applicability of Other Code or Regulatory Requirements...... 1 Section 602. - Administration...... 1 Section 603. - Sign Permits...... 2 Section 604. Prohibited Signs...... 3 Section 605. Sign Standards...... 4 Section 606. Sign Standard Adjustments...... 9 Section 607. Reserved...... 12 Section 608. Public Schools Signs...... 12 Section 609. Temporary Signs...... 12 Section 610. North Central Overlay District Signs...... 14 Section 611. Outdoor Advertising Signs...... 15 Section 612. Nonconforming Signs and Uses...... 19 Section 613. Violations...... 19 Section 614. Severability of Sign Regulations...... 20

[DRAFT 10/19] Page i Manatee County LDC Amendments Chapter 6, Signs

Chapter 6 - SIGNS

Section 600. - Purpose.

The Department Director shall be responsible for the administration of this Section in coordination with other appropriate County and State Departments.

[DRAFT 10/19] Page 1 Manatee County LDC Amendments Chapter 6, Signs

Section 603. - Sign Permits.

603.1. Activities Requiring a Sign Permit.

F. All sign permits for permanent on-site and off-site signs shall be valid for the life of the sign. All temporary Formatted: Not Strikethrough sign permits shall be valid for the period specified in this chapteron the permit. Formatted: Not Strikethrough, Not Highlight G. No sign permits for on-site signs will be issued for premises when existing signage of the same type exceeds the limits of this Code. Existing signs will either have to be modified or removed to allow additional Formatted: Not Strikethrough signage. This requirement shall apply separately to wall signs and freestanding signs. Formatted: Not Highlight H. Non-commercial messages permitted in substitution: Wherever these regulations permit erection of signs for commercial purposes or for the identification of the property on which the sign is located, the permittee may substitute any non-commercial message in lieu of the messages otherwise permitted. The right to substitute the non-commercial message does not waive any other requirement imposed by the ordinances of the County as to number, size, construction, location, lighting, obscenity, safety or any other regulated attribute. The right created by this subsection is one of substitution and not one of addition.

603.2. Signs Allowed Without a Sign Permit.

The following types of signs may be erected without the issuance of a sign permit. All such signs shall be placed, maintained and removed in conformance with all other requirements of this Code except government signs: Formatted: Not Highlight

A. Construction sign Formatted: Not Highlight B. Farm sign [PER SECTION 604.50, F.S.] Formatted: Not Strikethrough C. Flags Formatted: Highlight D. Garage sale sign Formatted: Not Strikethrough E.D. Government sign Formatted: Not Highlight F.E. Mural sign

G. On-site directional sign [NOT CONTENT NEUTRAL] Formatted: Not Strikethrough, Highlight H. Political sign Formatted: Highlight I.F. Real estate sign Formatted: Not Strikethrough J.G. Sandwich board sign K. Signs incorporated on machinery or equipment L. Signs related to fund-raising for schools, parks and churches

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M. Tag sign N. Temporary institutional sign types O. Temporary off-site sign

P.H. Non-illuminated, non-commercial Ttemporary signs that not exceed three (3) square feet in size Formatted: Highlight and meet the standards of this chapter. Formatted: Not Strikethrough, Highlight Q. Warning sign Formatted: Highlight R.I. Window sign Formatted: Not Strikethrough, Highlight 603.3. Sign Permit Application Procedures. Formatted: Highlight The Department Director shall establish Administrative Procedures for sign permit applications which shall Formatted: Not Strikethrough, Highlight include, but need not be limited to, sufficiency review of sign permit applications, various issues specific to each Formatted: Not Strikethrough Department of the County, and application contents.

A. Sign Permit Review. The Department Director shall review and approve or deny the sign permit or building permit as applicable within forty-five (45) days after receipt of a complete application. If the Department Formatted: Not Highlight Director fails to act within forty-five (45) days, the permit shall be deemed denied. If a sign permit is denied, the Department Director shall prepare a written notice of his or her decision, describing the applicant's appeal rights, and send it by certified mail, return receipt requested, to the applicant. [DETAILS TO BE Formatted: Highlight SPELLED OUT IN THE ADMINISTRATIVE PROCEDURES MANUAL] B. Sign Permit Appeals. See Section 371, Appeals of Quasi-Judicial Decisions.The applicant may file a written notice of appeal to the Hearing Officer containing the specific grounds for appeal within fifteen (15) Formatted: Not Highlight days after the date of receipt of the Department Director's written notice. The Hearing Officer shall hear the appeal and render a decision within thirty (30) days after the date of receiving the written notice of appeal. If the Hearing Officer does not grant the appeal, then the applicant may seek relief in the Circuit Court for Manatee County, as provided by law. The public hearing notice requirements in Chapter 3 do not apply to the appeal provided for in this section. Section 604. Prohibited Signs.

Prohibited signs, except as otherwise provided by this Section, shall be determined as follows:

D. Signs within any public rights-of-way (County or State) or on public lands, except for government signs, are Formatted: Not Highlight hereby prohibited. E. Signs in visibility triangles are hereby prohibited. F. Signs causing traffic or any other hazard are hereby prohibited.

G. Signs in violation of Chapter 847, F.S. (Obscenity)which bear or contain statements, words, or pictures of Formatted: Not Strikethrough any obscene, pornographic, or immoral character are hereby prohibited. Formatted: Not Strikethrough H. Signs which emit audible sound, vapor, smoke, odor particles, or gaseous matter are hereby prohibited. I. Signs that have unshielded illuminated devices that produce glare or are a hazard to motorists or occupants of adjacent properties are hereby prohibited. J. Signs that due to any lighting or control mechanism, causes radio, television, or other communication interference are hereby prohibited.

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K. Signs that are erected or maintained so as to obstruct any firefighting equipment, window, door, or opening used as a means of ingress or egress for fire escape purposes, including any opening required for proper light and ventilation, are hereby prohibited.

L. Flashing signs Formatted: Highlight L. Signs for any home occupations and conditional home occupations, except as otherwise permitted, are hereby prohibited. Section 605. Sign Standards.

605.1. Sign Standards Matrix

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Table 6-1: Sign Dimensional Standards

SETBACKS (FROM PROPERTY LINE)

PROJECT LOCATION Formatted Table MAX TYPE Front Side Rear Other HEIGHT MAX SIZE RESTRICTIONS MISC. ILLUMINATIO N ALLOWED? TIME LIMIT? FREE STANDING SIGNS RESIDENTIAL & NON-RESIDENTIAL PROJECT IDENTIFICATION SIGNS Formatted Table

Residential 12' 10' 10' 12' 48 sf Intersection Yes No LED not permitted Formatted: Not Highlight Subdivision/Multi- entrances only, one family Identification on each side of Formatted: Not Highlight entrance Home Occupation Not permitted See 604 NON-RESIDENTIAL

DRI/CDD/Large See 606 Master Sign Project on-site Plan Option Directional Signage

Interstate See 606 Master Sign Plan Option

North Central See 609610 Formatted: Not Highlight Overlay District (NCO)

Off-Site Directional See 611 Signs

Outdoor See 613611 Formatted: Not Highlight Advertising Signs

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SETBACKS (FROM PROPERTY LINE)

PROJECT LOCATION Formatted Table

TYPE Front Side Rear Other MAX HEIGHT MAX SIZE RESTRICTIONS MISC. ILLUMINATIO N ALLOWED? TIME LIMIT? Political Signs 5' in 10' 6 sf in See See 609.2 nonresidential residential 609.2 districts district; 32 sf all other districts Restricted 12' from front 10' from 10' from Resid 10’ Resid. 6 sf 2 per event No Yes. 120 See 609 Temporary Signs lot line side lot rear lot Non-Res Non-Res. 32 sf 90 days line line 25' 16 sf per year Subdivision/Project 12' 10' 10' 25' 20' 75 sf Intersection Yes No LED not permitted Identification entrances only, one on each side of entrance

Single/Multi-Establishment Premises: Formatted: No Spacing, Left

- Lot with <50' 12' 10' 10' 25' 50 sf One sign per Yes No LED not permitted Formatted: Indent: Left: 0", Hanging: 0.08" Frontage frontage Formatted Table - Lot with 50'—150' 12' 10' 10' 25' 75 sf One sign per Yes No LED not permitted frontage frontage Formatted: Indent: Left: 0", Hanging: 0.08"

- Lot with 150'— 12' 10' 10' 25' 75 sf plus 1 sf One sign per Yes No LED Permitted on Formatted: Not Strikethrough, Highlight 1,000' frontage or each 6' of frontage collector or arterial Formatted: Indent: Left: 0", Hanging: 0.08" frontage (max roadways 150 sf)

- Lot on arterial 20' 25' 150 sf each (2 One sign per Yes No LED Permitted on Formatted: Indent: Left: 0", Hanging: 0.08" and >1,000' signs max) or frontage 1,000' min. collector or arterial frontage one 300 sf sign between signs. No roadways other permanent signs along frontage.

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SETBACKS (FROM PROPERTY LINE)

PROJECT LOCATION Formatted Table

TYPE Front Side Rear Other MAX HEIGHT MAX SIZE RESTRICTIONS MISC. ILLUMINATIO N ALLOWED? TIME LIMIT? Wall, Mansard & Cannot Cannot Cannot Less 2 sf per linear One sign per Yes No Corner locations get Canopy project project project than foot of building frontage for one sign for each beyond more onto 1,000 ft. frontage (200 establishments in frontage roofline or than 24" streets. of sf max) single/ or multi sidewalls away Must be 8' frontage occupancy premises. attached to from above on Multi establishment attached pedestrian single premises with less wall walkways street than 1,000' frontage on a single street may have one 200-sf identification or combination wall sign 200 sf in lieu of all freestanding signs on the same frontage sf = square feet; ft./' = feet; min. = minimum; " = inches

(Ord. No. 16-24, § 3 (Exh. A-6), 11-15-16)

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605.2. Measuring Signs.

Figure 6-1: Sign Area

B. Sign Height. The height of a freestanding sign shall be measured from the base of the sign or supportive structure at its point of attachment to the ground, to the highest point of the sign. A freestanding sign on a man-made base, including a graded earth mound, or installed in a low-lying area, shall be measured from the grade of the nearest pavement or top of any pavement curb.

Figure 6-2: Measurement of Height

605.3. Illumination of Signs.

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605.4. Changeable Copy Signs (Manual or LED Signs).

Canopy, Awning Signs may be allowed in lieu of wall signs providing a building permit is obtained.

605.6. Signs for Drive-Through Restaurants.

Section 606. Sign Standard Adjustments.

606.1. Purpose and Applicability.

606.2. Sign Standards Eligible for Adjustments.

A. Changes in permitted types of signs. B. Adjustments which permit building-mounted signs to extend above the roof line.

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606.3. Application Requirements.

The application for an adjustment shall be accompanied by a master sign plan and documentation that establishes how the applicant meets the requirements of this Section. The master sign plan is intended to produce a coordinated and complimentary graphic image that achieves consistency and harmony among signs. For a master sign plan to be considered, the property must be developed or have a site plan submitted to the County and remain in unified control and must have a minimum combined street frontage Formatted: Not Strikethrough of one thousand (1,000) feet or more. The master sign plan shall provide at least the following elements:

606.4. Adjustments—Administratively Approved.

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606.5. Amendments to Approved Master Sign Plan.

606.6. Hearing Officer Authority—Adjustments.

The Hearing Officer shall make findings that the criteria of these regulations have or have not been satisfied by the applicant.

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606.7. Conditions.

606.8. Amendments.

An adjustment may be amended only by following the procedures in this Section.

Section 607. Off-Site Directional Signs. Reserved.

Off-site directional signs shall be permitted only in non-residential and agricultural zoning districts, provided the following standards are met:

609.1. Temporary Signs.

[DRAFT 10/19] Page 12 Manatee County LDC Amendments Chapter 6, Signs permit sticker shall be granted to a property owner identifying the valid dates of the permit. The permit sticker identifying the days that the permit is valid shall be displayed in plain view. A property owner may secure a restricted temporary sign permit by making application to the Department Director. A site plan depicting proposed sign type, size, height and location shall be included in the application. The types of Restricted Temporary Signs are limited to those identified below. Standards are applicable as set forth in the Sign Matrix (Appendix A). All such signs shall be placed, maintained and removed within the timeframes identified in the permit.

1. Animated signs Formatted: Not Strikethrough 2. Banners with text 3. Flashing or moving 4.3. Multi-prism signs 5.4. Portable signs 6.5. Roof signs 7.6. Snipe signs 8. Twirling signs 9.7. Other similar signs B. Sign Area. Six (6) square feet per sign in residential zoning districts intended for single family, duplex, townhomes and mobile homes; thirty-two (32) square feet per sign in non-residential, multi- family and mixed-use districts. This sign area is in addition to any permanent signs allowed per this Chapter. C. Sign Height. Temporary signs shall not exceed ten (10) feet in height in zoning districts intended for single family, duplex, townhomes and mobile homes and twenty-five (25) feet in height in non- residential , multi-family and mixed-use zoning districts.

D. Sign Setbacks. See Table 6-1. Formatted: Font: Not Bold E. Duration. Temporary signs may be erected for a period of ninety (90) days maximum (180 days total in a year). F. Illumination. Temporary signs shall not be illuminated. G. Additional Temporary Signs. 1. Construction Sites: Properties undergoing site/building construction or improvements for which a building permit has been obtained, are permitted an additional temporary sign per development site frontage, irrespective of copy or message. Such signs shall meet the standards noted in A through F, above, except that subdivisions are entitled to the maximum size and height permitted for non-residential developments. 2. Sites/Buildings for Sale/Lease: A parcel or building for sale, lease or rent are permitted an additional temporary sign, irrespective of copy or message. Such sign shall meet the standards noted in A through F, above. Subdivisions are entitled to the maximum size and height permitted for non-residential developments.

609.2. Political Signs.

A. The maximum height of political signs is ten (10) feet;

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A. The required setback for political signs from the property line in non-residential districts shall be five (5) feet; B. The maximum sign area in residential districts for political signs is six (6) square feet; in all other districts thirty-two (32) square feet; C. Erection and removal of all political signs shall be the joint responsibility of the owner of the property upon which the sign is placed, of the owner of such sign and the candidate for whom such sign was placed. Each such person shall be jointly and severely liable for violation of the terms and conditions of this section. D. Political signs, as temporary signs, may be erected on private property and shall be removed within thirty (30) days after the election or a referendum issue has been decided. Formatted: Highlight Section 610. North Central Overlay District Signs.

610.1. Purpose.

610.2. Applicability.

610.3. Prohibited Sign Types.

In addition to the sign types prohibited in this Chapter, the following sign types which are not representative of the character in the North Central Area are prohibited:

610.4. Standards.

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Table 6-2: North Central Overlay District Maximum Sign Area & Height

Specification Length of Roadway Frontage <300 Linear Feet 300—600 Linear Feet >600+ Linear Feet Maximum Sign Area 60 sf 80 sf 100 sf Maximum Sign Height 8 ft. 12 ft. 16 ft.

611.1. Allowed Outdoor Advertising Signs.

A. Location and Dimensional Standards. 1. Maximum height: Forty (40) feet above grade; 2. Maximum length: Forty (40) feet; 3. Minimum spacing between: Two thousand (2,000) feet same side of road;

[DRAFT 10/19] Page 15 Manatee County LDC Amendments Chapter 6, Signs

[DRAFT 10/19] Page 16 Manatee County LDC Amendments Chapter 6, Signs

611.2. Billboard Signs Exchange Program.

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612.1. Continued Existence.

Nonconforming signs may continue to be displayed until the end of their useful life, subject to the following additional requirements:

612.2. Replacement.

Nonconforming uses shall be allowed to replace existing signage with signage of the same height, area, location and dimension.

Section 613. Violations.

613.1. Maintenance.

613.2. Illegal Signs.

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613.3. Removal.

The failure of a property owner to remove a sign prohibited by this Code shall constitute a violation of this Code. In addition to other remedies, the Department Director is hereby authorized to cause removal of the sign with proper notice, at the expense of the owner of the sign or property. Signs on rights-of-way, utility poles or on trees; hazardous signs, signs within the visibility triangle or any sign, except government Formatted: Not Highlight and legal nonconforming signs, located upon, within or otherwise encroaches upon County or public rights-of-way or on public lands or within the visibility triangle, shall be subject to immediate removal, without notification to violators, and impounding by the Manatee Sheriff's Office, Code Enforcement, or other authorized County employee at the expense of the owner, agent, lessee, sign contractor, or other person having beneficial use of the sign. When impounded, the sign shall be held by Manatee County for a minimum of ten (10) days, during which the sign owner may recover the sign upon payment of removal and storage costs. After ten (10) days the sign Any sign removed by the County may be sold or destroyed at the option of the county.

613.4. Revocation.

613.5. Violation of Code.

Any sign in violation of this Chapter shall constitute a violation of this Code.

Section 614. Severability of Sign Regulations.

[DRAFT 10/19] Page 20 Manatee County LDC Amendments Chapter 9, Design Guidelines and Standards

CHAPTER 9 – DESIGN GUIDELINES AND STANDARDS

Section 900. Entranceways.

900.1. Purpose and Intent. It is the purpose and intent of this part: A. To convey to the traveling public a strong image that Manatee County is a high quality place to live, work and visit; B. To provide standards and criteria by which proposed development in these entranceway areas will be reviewed; and C. To protect and enhance existing native vegetative communities and promote the use of zonal landscaping and other low water landscaping materials and techniques.

900.2. Administration. The Department Director shall be responsible for the administration of this section and coordination with other agencies.

900.3. Designated Entranceways. In order to meet the intent of this Section, entranceways shall be defined as follows and as depicted on Maps 8-1 through 8-9. A. One-quarter (¼) mile on either side of Interstate 75 (I-75), throughout the County. B. One-quarter (¼) mile on either side of Interstate 275 (I-275), throughout the County. C. One (1) mile long intersecting arterials from the intersection with the interstate(s), on both sides of the street at a width of one-half (½) mile on either side of the street and shall be measured from the closest point of the right-of-way relating to the interchange. D. One-half (½) mile west of and one (1) mile east of U.S. Highway 301 at University Parkway for a distance of one-half (½) mile. E. One-quarter (¼) mile on either side of U.S. 41 for a distance of one (1) mile from the Manatee- Hillsborough county boundary on the north, and the Manatee-Sarasota county border on the south. (Ord. No. 16-24 , § 3(Exh. A-8), 11-15-16)

900.4. Land Uses Permitted within Entranceways. Land uses within entranceways shall be limited to those uses permitted in the PDMU, PDPI, PDC, PDR, PDI, PDW, PDRP and PDO districts. No adult entertainment uses, as defined by this Code, shall be allowed in or adjacent to any entranceway.

900.5. Criteria for Administrative Approval. Development proposals within designated Entranceways which meet the following criteria may be approved administratively. Development proposals not meeting the criteria shall be subject to a rezone to planned development. A. No other section of the Land Development Code or the Comprehensive Plan require the development to obtain planned development or a special permit approval; B. The application meets all of the entranceway standards contained in this chapter; and C. The proposal meets the following criteria (residential projects are required to meet only items 3 through 5, 7, 8 and 9):

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1. Buildings adjacent to I-75 and/or I-275 shall be finished so that building fronts or front facades face said highway(s). The Department Director shall have the authority to approve an alternative which is aesthetically equal to, or superior to this requirement. 2. Buildings adjacent to I-75 and/or I-275 shall be designed so as to position in their parking areas in a manner which generally avoids visibility from said highway(s). The Department Director shall have the authority to approve an alternative which is aesthetically equal to, or superior to this requirement. 3. Any chain link fence utilized on the site shall be a dark color such as a black, dark brown or dark green. 4. Seventy-five (75) percent of all trees exceeding twenty-four (24) inch DBH shall be preserved. 5. All wetland impacts must meet a 2:1 mitigation requirement for herbaceous wetlands and a 4:1 mitigation ratio for forested wetlands. 6. All dumpsters, compactors and other utility equipment shall be located in the rear of all buildings, and these units shall meet all minimum setback requirements. These units shall not be visible from any collector or arterial facility. Exceptions may be granted by the Department Director for corner lots where no reasonable alternative location is available. Screening must be constructed with building materials matching the principal building on site. 7. Foundation landscaping shall be required in the amount of forty (40) square feet per one thousand (1,000) square feet of gross floor area, with at least sixty (60) percent of the required foundation landscaping located along foundations visible from entranceway roadways. 8. At least seventy-five (75) percent of all new required trees, shrubs and groundcover shall consist of native species. 9. Any other requirement deemed necessary by the Department Director to protect the health, safety, welfare and aesthetic quality of the entranceway. Any such requirement, applicable to the regulation of signs, shall not be based on sign content.

* * *

900.6. Standards for Development. A. Landscaping and Buffers. 1. Landscaping. All required landscape areas and buffers shall retain existing native vegetation to the greatest extent possible. Existing trees and shrubs meeting the minimum standards set forth in Section 701 may be counted towards fulfilling the landscaping requirements. All required landscape buffers shall be shown on any site plan or plat as a landscape easement, and duly recorded as such after final site plan approval. 2. Required Buffer. A minimum twenty (20) foot wide landscaped buffer strip shall be required along all arterial, collector, highway and interstate frontages adjacent to the project. Those projects which receive access from frontage roads adjacent to the arterial/collector road shall provide this buffer. However, site locations internal to the development and not adjacent to the arterial/collector shall not be required to provide this buffer. 3. Buffer Landscaping. Landscaped buffers shall consist of at least one (1) decorative or canopy tree, meeting the requirements of Section 701, [to] be planted every twenty-five (25) feet on center. In addition, hedges, shrubs and berms shall be used to achieve sixty (60) percent opacity at a height of five (5) feet. 4. Landscaping Easements. These landscape buffers shall be maintained per Section 701 of this Code.

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B. Access. Unless inconsistent with state law, no project shall gain direct access to any road designated as a minor arterial or higher, but such project shall make use of frontage roads, cross-access easements, or consolidated driveways to access through local roads or lower classified thoroughfare facilities. 1. Frontage Road Requirements. Frontage roads shall require a minimum twenty-four (24) foot pavement width and fifty (50) to eighty-four (84) feet of right-of-way. The Department Director will determine the right-of-way requirements for each entranceway as developed. 2. Cross Access Easements. All projects within an entranceway shall provide for internal cross access with adjacent projects. This shall be accomplished through the use of cross access easements, internal drive aisles and/or frontage roads. C. Signs. The standards of Chapter 6, Signs, shall apply to signs within designated entranceways. 1. Types of Signs. On-site, temporary, exempt, and subdivision signs at subdivision entrances shall be allowed within entranceways. All other sign types are prohibited. Signs shall be governed by Chapter 6 and applicable development approvals, except as noted below. 2. Number of Signs. One project identification permanent freestanding sign is allowed per road frontage per premise, regardless of length. In the case of a shopping center with outparcel(s), each outparcel may be permitted a separate ground sign provided that the outparcel has a minimum of one hundred (100) feet of frontage on the roadway where the sign is located. 3. Size of Signs. The maximum sign area and height of free-standing on-site signs shall be as follows:

Length of Road Frontage

Type of Sign <300 L.F. 300-600 L.F. >600 Height

Ground Sign 60 sq. ft. 80 sq. ft. 100 sq. ft. 8 ft.

Pole Sign 45 sq. ft. 60 sq. ft. 75 sq. ft. 20 ft.

4. Combination Signs. Any one combination sign within a project in an entranceway shall be limited to a maximum of five (5) separate sign/tenant items. 5.4. Sign Approvals. a. Sign Plan. All entranceway projects shall provide a sign plan with submittal of a final plan/plat which includes the following: i. Total number of signs; ii. Size—individually and total square footage; iii. Design; iv. Height; v. Building materials; vi. Color of support structure, style; and vii. Elevations (pole, ground and wall mounted signs). b. Sign Permit. A separate sign permit issued by the Building Official is required before construction or placement of any sign. No sign permit shall be issued for a permanent freestanding sign in the

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entranceways unless such sign is specified in the development approval. c. All permanent freestanding signs in the entranceways shall also require the approval of the Department Director. D. Open Space. Properties developing within the entranceways shall provide an additional five (5) percent landscaped open space over the required minimum standards of the zoning district.

* * *

Section 901. Cortez Fishing Village Design Guidelines. * * *

901.1. Guidelines for New Construction, Relocation and Demolition. E. Design Guidelines for Residential Buildings * * * F. Design Guidelines for Commercial Buildings. The commercial area of the Village of Cortez borders the north and south sides of Cortez Road. There are three distinct zones along this linear strip. Beginning at the traffic light at 119th Street on the north side, the eastern end of the road is characterized by sparse development on the road and low density. Cortez Road narrows to two lanes at this point. As the road curves slightly to the west, the middle section of this zone contains a mixture of 1 and 2 story non-historic commercial and some converted residential structures. At the western end of the road, the development reflects the recreational and marine character of the area. The road continues out of the Village over the Cortez Bridge and terminates on Anna Maria Island. While Cortez Road serves as a major connector to the Gulf beach communities, it also performs the function of a local commercial street within the Village. Particularly during the tourist season, there is significant pedestrian and bicycle traffic that uses the roadway. There is an existing concrete sidewalk along the south side of the road right of way. 1. Commercial Site Design Do: • Place commercial structures as close as possible to the street to reinforce the Village character. • Place front facades facing the street. • Provide minimal parking up front (no more than one aisle) and additional parking at the sides and rear of the structure. See Figure 9-19. • Provide a landscaping palette that is compatible with the existing palette in the Village. Commercial Buildings on Cortez Road

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Figure 9 - 1: New Commercial Construction

Incompatible commercial structure • Parking lot in front and building setback far from street • Creates the effect of a "sea" of parking • Large and long building mass with little articulation Compatible commercial structure • Small parking area in front and building set closer to road for Handicap Accessible spaces • Additional parking is placed behind the building • Large building mass is broken up into smaller forms • Porches, entrances and human scale elements make structure more inviting to pedestrians and more compatible with the surrounding scale and character of the Village 2. Significant Exterior Features for Commercial Buildings Do: • Create building forms that are compatible with the nearby structures. • Create a compatible appearance for long facades that are created in response to the lot frontage by breaking up the forms. • Employ skillful use of elements such as porches, balconies and windows that recall the proportions found in the Village. • Use gable or hip roof forms whenever possible. 3. Commercial Signage. Signs are an important component of commercial architecture. Typical types of signs include: • Fascia signs • Hanging or projecting signs • Letters painted or applied to storefronts • Awnings or canopies with signs painted onto or attached to their faces • Neon signs Design signs so that the scale of the sign is compatible with the scale of the building. There are two different scales along Cortez Road, one is vehicular and the other is pedestrian.

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Figure 9 - 2: Signage

Signage creates visual clutter at the entrance to Cortez Sign scale and design works well with context Village

Design of this sign works well with the surrounding This sign works well at both pedestrian and vehicular character of the area, at both the pedestrian and vehicular scale scales.

Upper sign band too large for facade, lower band is better

Scale and design of this sign work in context.

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Do: • Locate new signs on the flat, unadorned parts of a facade, such as show windows, horizontal canopies, fascia and frieze band. • Use simple designs and lettering such as a block -style or serif style, painted in high contrast to the sign panel color. • Size the signage to the scale of the building. • Utilize smaller sign panels that suit pedestrian scale on the buildings. • Canvas awnings with signs. Avoid: • Ornate signs or signs based on architectural styles inappropriate to the commercial architecture of the Village. • Signs that obscure architectural details. • Curved shaped awnings or "bull-nose" with backlit signs.

[DRAFT 09/19] Page 9-7 Manatee County LDC Amendments Chapter 2, Definitions

Chapter 2 - DEFINITIONS

Section 200 - Definitions.

Figure 2-1: Awning/Canopy Signs

Bench shall mean any bench whose primary purpose is collateral with providing transportation service to the public upon which a sign is indelibly drawn, painted, or printed.

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Figure 2-2: Combination Signs

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Figure 2-3: Directional Off-Site Sign

Directional On-Site Sign shall mean a permanent on-site sign. which directs traffic within a parcel, or which identifies the location of entrances, exits, restrooms, telephones, freight, etc. Electronic Message Center – see Changeable Copy Sign definition. Farm sign, per Section 604.50, Florida Statutes, means a sign erected, used, or maintained on a farm by the owner or lessee of the farm which relates solely to farm produce, merchandise, or services sold, produced, manufactured, or furnished on the farm. Fascia Sign. (See "Wall Sign.") Flags shall mean any fabric or similar material or bunting containing the same colors, patterns or symbols used as an ornamental flag or as a symbol of government, political subdivision, corporation or business or other entity and designed to be flown from a flagpole or similar devicewhich is not a banner. Flashing Sign shall mean any sign on which any electric lighting by any device is either alternated on and off or raised and lowered in brightness or intensity, or reflects lighting or gives the appearance of flashing. Freestanding Sign shall mean a sign on or in the ground and not supported by any building. This term shall include ground sign, monument sign, pole sign and pylon sign. Gateway Sign shall be a ground or monument sign that identifies the CDD or DRI located at major thoroughfare intersections or points along major thoroughfares near the a CDD or the boundaries of a DRI. boundaries. Government Sign shall mean any sign erected by or on the order of a public official or quasi-public entity (i.e., Community Development District, Community Redevelopment Agency, Water Management District) in the performance of his or her official office or duty including but not limited to, on- and off-site signs identifying a government building or service, traffic control signs, street name signs, warning and information signs, public notices of events, or signs of a similar nature. Signs posted for the purposes of providing public notice for identifying a proposed change of land use or zoning shall be deemed to serve similar purposes as Government Signs. Ground (a/k/a Monument sign) shall mean a freestanding sign whose structural system is that other than a pole(s), column(s) or post(s) or other similar type structural system.

Figure 2-4: Ground Sign

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Figure 2-5: Illuminated Signs

Mansard Sign shall mean any sign which is attached to a mansard style roof with the face parallel to the structure to which it is attached and which does not project more than twenty-four (24) inches from such structure. Since such sign is to be mounted parallel to and within the limitations of the building wall or mansard roof on which it is to be mounted, a mansard sign shall be considered a wall sign and not a roof sign. For the purposes of this definition, the term mansard roof shall mean a single slope roof, usually found along the front of a building, with a maximum angle of forty-five (45) degrees measured from the roofing surface upward to the vertical.

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Figure 2-6: Mansard Sign

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Political Sign shall mean a type of temporary off-site sign which constitutes a political advertisement, the primary purpose of which is related to the candidacy of any person for public office or any issue which has been submitted for referendum approval. Portable Sign shall mean any sign which is manifestly designed to be transportable, including transportation by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support, constructed without wheels, is converted to an A or T frame sign, or attached temporarily or permanently to the ground, since this characteristic is based on the design of such a sign. It is characteristic of such a portable sign that the space provided for advertising matter consists of a changeable copy sign.

Figure 2-7: Portable Sign

Projecting Sign shall mean any sign which is attached to and which projects more than twenty-four (24) inches from the outside wall of any building or structure.

Figure 2-8: Projecting Sign

Real Estate Sign shall mean a temporary non-illuminated on-site ground sign offering for sale, lease or rent a structure or parcel. Restricted Temporary Sign shall mean animated signs, banners, flashing or moving signs, multi- prism signs, portable signs, roof signs, snipe signs, twirling signs and other similar signs. Revolving Sign (a/k/a Rotating) shall mean any sign so erected or constructed as to periodically or continuously change the direction toward which any plane containing the display surface area is oriented.

[DRAFT 09/19] Page 6 Manatee County LDC Amendments Chapter 2, Definitions

Roof Sign shall mean a sign erected upon or above the roof surface of any building. This term shall not include a mansard sign or a sign erected on the vertical wall portion of a cupola.

Figure 2-20: Roof Sign

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Figure 2-9: Snipe Sign

Figure 2-10: Subdivision Sign

Tag Sign shall mean a sign for scannable information without readable text.

Figure 2-11: Tag Sign

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Figure 2-12: Wall Sign

[DRAFT 09/19] Page 9 Night-time Brightness Level Recommendations for On-Premise Electronic Message Centers Updated August 2016 RESEARCH

PRODUCED BY: [Blank inside front cover] ISA RESEARCH TABLE OF CONTENTS

INTRODUCTION...... 2

CASE STUDIES ...... 4-6

EXECUTIVE SUMMARY...... 7

RECOMMENDED LANGUAGE...... 8

SIX STEPS: EMC BRIGHTNESS LEVELS WITH OPERATIONAL CONTROL...... 9 WITHOUT OPERATIONAL CONTROL...... 11

LEARN MORE ABOUT EMCS The International Sign Association offers an Electronic Message Center (EMC) Resource Center, with resources on: • EMCs and traffic safety • A framework for developing EMC sign code language • The differences between EMCs and digital billboards www.signs.org/local

ADDITIONAL SIGN CODE RESOURCES The International Sign Association has developed numerous tools to help communities develop better sign codes. All are housed at www.signs.org/local, including: • The Supreme Court ruling, Reed v. Town of Gilbert • Model sign codes • Best practices in regulating temporary and wayfinding signs • The Economic Impact of On-Premise Signs ISA’s advocacy team is available to provide complimentary assistance on sign codes and sign-related issues. Contact [email protected] or 703.836.4012.

ELECTRONIC MESSAGE CENTERS (EMCs)

Electronic message centers, or EMCs, continue to grow in popularity for business and community use. You may have heard EMCs being referred to as changeable message displays or digital signs.

EMCs are not digital billboards, which advertise a good or service that is located away from the sign. Rather, EMCs are digital signs that are located on the premises, and that advertise goods and services that are available at the location.

Electronic Message Center (EMC)/on-premise sign advertising a bank that is Digital billboard/off-premise sign advertising an automobile business in another located on the same premises as the sign location

There is often confusion regarding on- and off-premise digital signs. However, EMCs and digital billboards have very distinct capabilities and purposes, each targets a specific audience and each has traditionally been treated under separate legal and regulatory regimes, a zoning practice which was noted in the 2015 U.S. Supreme Court ruling in Reed v. the Town of Gilbert. For the purposes of this publication, we are focusing solely and exclusively on EMCs.

EMCs that are too bright at night can be offensive and ineffective. Night-time EMC brightness is an issue where sign users, the sign industry, and local offices have a common goal: ensuring that EMCs are appropriately legible. We know the messages that these signs convey can be rendered unattractive and perhaps even unreadable if they are programmed too bright.

That’s why many sign companies recommend to their customers that in order for these signs to be most effective, their brightness be set at such a level to be visible, readable and conspicuous.

2 © International Sign Association ISA RESEARCH

The International Sign Association (ISA) retained noted lighting expert Dr. Ian Lewin of Lighting Sciences to help the industry develop scientifically- researched, understandable recommendations for EMC brightness. Dr. Lewin was a past chair of the Illuminating Engineering Society of North America (IES), and was greatly respected within the lighting field. His work for ISA was conducted with the input of experts within the sign industry.

As a result of his research, Dr. Lewin recommended two different brightness settings based on whether the EMC was located in an area of high or low ambient light. After ﬁeld testing and utilizing Dr. Lewin’s recommendations, it was determined that using the more conservative recommendation is appropriate in areas of both low and high ambient light. In order to simplify Dr. Lewin’s recommendations, and to take a more reasonable approach to ensure that EMCs are sufﬁciently visible but not overly bright, it is recommended that EMCs not exceed 0.3 footcandles over ambient lighting conditions when measured at the recommended distance, based on the EMC size.

The research and the recommendations contained in this report pertain only to EMCs, not traditionally internally illuminated signs, such as these channel letter and neon signs below. EMCs use a different lighting technology than most of these types of signs, and as such the scientific approach differs.

Community leaders should understand that, while it is recommended that brightness measurements be taken perpendicular to the sign, sign viewers rarely see the sign at that same perpendicular approach. At any viewing point away from or off the forward angle, the apparent brightness will be reduced. In other words, the measurements will capture the recommended brightness levels, but, unless viewers are looking at the sign directly perpendicular, they will not perceive the brightness at the full level.

We have provided recommended statutory language and tips to measure brightness with and without control of the EMC. If you need further assistance, feel free to contact ISA, [email protected] or at (703) 836-4012 to answer any of your EMC questions.

FOOTCANDLES VS. NITS: WHICH MEASUREMENT IS BETTER?

This document recommends communities adopt illumination measurements in footcandles as compared to nits. Here are a few reasons why more than 200 localities and many state departments of transportation have adopted the footcandle measurement for EMCs:

FOOTCANDLES NITS Measures illuminance Measures luminance Accounts for ambient light conditions Measures only the amount of brightness emitted Luxmeter measuring device $100 Luminance spectrometer (nit gun) - $1,000 “Twilight” measurement possible Does not allow adjustment based on ambient light Measures light impact and appearance Does not measure appearance Works with roadway lighting standards Difficult to measure accurately Easier to check and enforce Difficult to enforce

* While the main advantage of using nits as compared to footcandles is that daytime measurement is possible, EMC brightness is typically more of an issue at night.

COMMUNITY...... Columbus, Ohio POPULATION...... 836,000 LOCATION...... As Ohio’s largest city and state capitol, Columbus is the country’s 15th largest city. SPECIFIC EMC ISSUE. . . . . Crafting a reasonable, enforceable code that addresses complaints while preserving the ability for businesses to use what it termed automatic changeable copy signs.

As automatic changing copy signs—as Columbus refers to EMCs—grew in use, so did community complaints.

By 2011, city planners began to edit the graphics codes to limit special effects. The goal was to continue to allow for a variety of commercial graphics, “but not at the expense of neighborhoods,” said Lisa Russell, the city’s Planner II who facilitated the code development project.

The city had in place certain limits on automatic changing copy signs, aka EMCs, in the graphics code, limiting their use to commercial and manufacturing zoning districts and requiring that only half of the sign could be used for the changeable copy. But signs lacked brightness limits and a hold time.

Russell led a team to draft the new code, which incorporated a brightness limit for both on-premise and off-premise signs. The testing method also is included in the code.

It was the result of much scientific discussion. “I believe that the best answer is revealed if you have enough information,” Russell said. The committee included a community group leader who was an architect specializing in lighting and representatives from the sign and graphics industry.

“When we started exploring brightness, it appeared the footcandle method was the way to go,” Russell said. “However, some group members wanted us to explore the luminance method. ISA believed so strongly that the luminance method was problematic that they brought a demonstration to us.”

The demonstration included a field trip to visit a sign to show the impact of the two measurement methods. “They wanted to make sure that we didn’t go down the wrong path. They rented a lift and showed us that with the luminance method you’d have to get up in the lift, raise it and shine the nit gun at the sign. With the footcandle meter, you can stand on the ground.”

Russell helped the group to see that the “members of the professional sign and graphics industry are not the same as end-users of signs, such as an owner of a carryout who wants to draw attention to his shop over others. We all had an interest in developing reasonable regulations instead of just banning these signs. We also did not want to take away the rights that businesses had to display electronic signs.”

The new code has significantly lessened complaints about sign brightness. And when a complaint is received, the code enforcement officers have a verifiable process for determining whether the sign complies with the code.

4 © International Sign Association ISA RESEARCH CASE STUDY: Kitsap County, Washington

COMMUNITY ...... Kitsap County, Washington POPULATION...... 260,000 LOCATION...... Across the Puget Sound from Seattle and bordered by rural communities on the west. It is the third most densely populated county in the state. SPECIFIC EMC ISSUE. . . . . Existing codes did not cover electronic signs.

As a “transition” county between rural Washington and the metropolitan city of Seattle, Kitsap County had the challenges of creating regulations for electronic signs that fit the county’s dual personalities.

“The first step was to identify where these signs would be allowed,” said Darren Gurnee, a planner with the county. “We wanted to make sure these were restricted to areas of increased density and primarily non-residential use such as industrial zones and commercial zones within the urban growth area.”

Previously, the county had allowed electronic signs “as a matter of interpretation,” Gurnee said. Crafting more defined electronic sign regulations would provide a measure of stability—and help business owners know what was allowed and where. An added bonus: Gurnee felt the signs would be more attractive than the block letters signs that had to be changed manually.

While the county wanted to make it easier for businesses to convert existing static monument signs into electronic signs, it also wanted to ensure that the regulations were not written in a way that would allow billboards to convert.

“We were able to craft our regulations in a way that required signs be brought into conformance before any change could be made,” Gurnee said. “Billboards were non-conforming, so that would not be an issue.”

ISA provided Gurnee with industry standards—contained in this publication—and some background on the technology that today’s electronic signs offer, such as automatic dimming. It also incorporated some of the recommended language on animation, hold times and transitions.

“The regulation is written in a way that it would be easy to enforce,” Gurnee said, and easy to understand, without the ambiguities contained in the previous method. The ending code created a perfect fit for both of the community’s personalities.

COMMUNITY ...... Sparks, Nevada POPULATION...... 93,500 LOCATION...... A rapidly growing community, Sparks is located near Lake Tahoe, California, and Reno, Nevada, and is Nevada’s fifth largest city. SPECIFIC EMC ISSUE. . . . . Existing regulations were difficult to enforce and outdated.

Sparks, Nevada had existing regulations of electronic message centers—or electronic variable signs as the community deemed them. But “it wasn’t very explicit,” said senior planner Karen Melby. “The brightness standards were in lumens, which we didn’t even know how to measure.”

The regulations were outdated as well—having been drafted in 2002. Technology had changed dramatically and the costs of EMCs had dropped, putting them in the range of more businesses’ budgets. “We felt we could see more coming and felt that we needed to get a handle on it.”

As a first step, planners required that those seeking an EMC permit meet their standards before approval was granted, but nothing was written into the code. That method can create problems.

So Melby led the city through the code revision process. She sought out industry expertise from both the planning community and the sign and graphics industry. For industry insight, she turned to ISA. ISA provided feedback on how other communities were regulating electronic message centers, and recommendations on what was working for these communities.

One outside group felt strongly that the standards should be regulated in nits, not footcandles. They brought in an expert who opposed the proposed regulations. But Melby held strong on the issue of footcandles. “In my research, it seems like footcandle is what you can see with your eyes while a nit is pinpointing a spot on a sign. When you look at a sign, you’re looking at the whole thing, not just one small spot.”

The city adopted the widely recognized standard of 0.3 footcandles above ambient light, using the distance measurements outlined in this publication. Melby took that table, determined the formula and wrote the formula into the code.

The community allows smaller signs—those under 32 square feet—to include scrolling, while those larger do not.

The result has been a city that has successfully navigated the balance between business interests and community aesthetics. “We’ve had very few complaints,” Melby said. “When we do get a complaint about a sign being too bright, we go out and measure it. When they bring it down to standards, we don’t get complaints.”

Being able to use a simple light meter to measure brightness is far easier than simply guessing whether the sign is in compliance, Melby said. “The other method (measuring nits) was really based on opinion. What may seem bright to me may not seem bright to you. Now, we can say, ‘This is what the meter says.’”

By having clear standards that are easier to enforce, both community and business win.

6 © International Sign Association ISA RESEARCH EXECUTIVE SUMMARY

ISA ELECTRONIC MESSAGE CENTER NIGHT-TIME BRIGHTNESS RECOMMENDATIONS

This summary has been developed with an understanding that EMCs that are unreasonably bright are not effective for the communities or end users. This intends to help communities and stakeholders develop brightness standards for on-premise EMCs. The summary comprises:

1) An overview of the importance of ensuring appropriate brightness, 2) Technology utilized to ensure appropriate brightness, and 3) Recommended brightness standards

1. Overview of the importance of ensuring 3. Recommended night-time brightness standards. appropriate night-time brightness. Dr. Lewin recommended the development of brightness criteria EMCs that are too bright at night can be offensive and ineffective. based on the Illuminating Engineering Society’s (IES) well-established There are significant advantages to ensuring than an electronic standards pertaining to light trespass, IES Publication TM-11-00. display is not overly bright. These advantages include: The theory of light trespass is based on the concept of determining the amount of light that can spill over (or “trespass”) into an adjacent » Conservation of energy area without being offensive.

» Increased life expectancy of the electronic display components In order to simplify Dr. Lewin’s recommendations, and to take a more reasonable approach to ensure that EMCs are sufficiently » Building goodwill with the community visible but not overly bright, it is recommended that EMCs not exceed 0.3 footcandles over ambient lighting conditions » Ensuring the legibility of the display when measured at the recommended distance, based on the EMC size. It is in the best interest of all stakeholders to ensure that EMCs are sufficiently bright to ensure clear legibility, while at the same time Email [email protected] to receive Dr. Lewin’s original research. avoiding a display that is overly bright.

2. Technology utilized to ensure appropriate brightness.

Most EMCs are designed to produce sufficient brightness to ensure clear legibility during daylight hours. However, daytime brightness settings are usually inappropriate for night-time viewing. The following general methods are used to dim an EMC for appropriate night-time viewing:

1. Manual Dimming. Using this method, the sign operator dims the display in response to changing ambient light conditions.

2. Scheduled Dimming. Sunset-sunrise tables allow an EMC to be programmed to dim at the same time that the sun sets ...it is recommended that EMCs not and rises. This method is generally acceptable, but is more effective when used as a backup to automatic dimming controls exceed 0.3 footcandles over ambient capability, such as photocell technology. lighting conditions when measured at 3. Photocell Technology. An EMC that utilizes photocell technology can automatically dim as light conditions change. A photocell the recommended distance, sensor alerts the display to adjust brightness according to ambient light conditions. based on the EMC size.

Electronic Message Center (EMC) Criteria: The night-time illumination of an EMC shall conform with the criteria set forth in SIGN AREA VERSUS MEASUREMENT DISTANCE this section. AREA OF SIGN MEASUREMENT sq. ft. (ft.) A. EMC Illumination Measurement Criteria: The illuminance of an EMC shall be measured with an illuminance meter set to measure 10 32 “footcandles accurate to at least two decimals. Illuminance shall be 15 39 measured with the EMC off, and again with the EMC displaying a 20 45 white image for a full color-capable EMC, or a solid message for a 25 50 single-color EMC. All measurements shall be taken as close as practical to a perpendicular plane of the sign at the distance determined by the 30 55 total square footage of the EMC as set forth in the accompanying 35 59 Sign Area of a Sign versus Measurement Distance table. 40 63 45 67 B. EMC Illumination Limits: The difference between the off and 50 71 solid-message measurements using the EMC Measurement Criteria 55 74 shall not exceed 0.3 footcandles at night. 60 77 65 81 C. Dimming Capabilities: All permitted EMCs shall be equipped 70 84 with a sensor or other device that automatically determines the ambient 75 87 illumination and programmed to automatically dim according to 80 89 ambient light conditions, or that can be adjusted to comply with the 0.3 footcandle measurements. 85 92 90 95 D. Definition of EMC: A sign that utilizes computer-generated 95 97 messages or some other electronic means of changing copy. These 100 100 signs include displays using incandescent lamps, LEDs, LCDs or a 110 105 flipper matrix. 120 110 130 114 140 118 150 122 160 126 170 130 180 134 190 138 200 141 220 148 ” 240 155 260 161 280 167 300 173

* For signs with an area in square feet other than those specifcally listed in the table (i.e., 12 sq ft, 400 sq ft, etc), the measurement distance may be calculated with the following formula: Measurement Distance = Area of Sign Sq. Ft. x 100

8 © International Sign Association ISA RESEARCH HOW TO MEASURE THE NIGHT-TIME BRIGHTNESS OF AN EMC WITH OPERATIONAL CONTROL (Note: This method can be completed by one individual, but requires operational control to shutoff the EMC)

STEP 1 STEP 3 OBTAIN AN ILLUMINANCE METER. DETERMINE THE MEASUREMENT DISTANCE.

Purchase or otherwise procure an illuminance meter. Most city/county Using the total square footage found in Step 2, look up the measurement traffic departments have an illuminance meter, which are also referred distance in the table provided in the Recommended Legislative to as lux or footcandle meters (lux is the metric measure of illuminance; Language on page 8, to determine the distance to measure the footcandles is the English measure of illuminance). The illuminance brightness of the EMC. The distance should be measured perpendicular meter must have the ability to provide a reading up to two decimal to the EMC sign face. The use of a measuring wheel, laser finder places and must be set to read footcandles. It is preferred to have or a smartphone app are the most convenient ways to measure an illuminance meter with a screw-mount that allows the sensor to the distance. be mounted on a tripod. A tripod ensures that the highly sensitive sensor is held perfectly still; otherwise it may be difficult to obtain an accurate reading.

STEP 2 DETERMINE SQUARE FOOTAGE.

Determine the square footage of the face of the electronic message sign (EMC) by multiplying the height and width of the EMC. This information may be available in a permit application, or can be determined by physically measuring the height and width of the EMC. Do not include the sign face square footage attributable to any additional static signs associated with the EMC (if applicable).

STEP 4 STEP 6 PREPARE THE DISPLAY FOR TESTING. ENSURE THAT THE DISPLAY CAN ADJUST TO DIFFERENT AMBIENT CONDITIONS. Ensure that the EMC is programmed to alternate between a solid white (or in the case of a monochrome display – the solid color of the display) Inspect the sign to ensure that it incorporates a photocell or other message and a blank message. The community may require that the technology to ensure that the display can adjust according to ambient sign owner cooperate with testing by programming the EMC for lighting conditions. testing upon written notice.

STEP 5 USE AN ILLUMINANCE METER TO MEASURE THE BRIGHTNESS OF THE EMC.

Mount the sensor of your illuminance meter to a tripod and orient the sensor directly towards the face of the EMC at the measurement distance determined in Step 2.

Ensure that the illuminance meter is set to measure footcandles up to two decimal places. As the display alternates between a solid white message and an “off” message, note the range of values on the illuminance meter. If the difference between the readings is less than 0.3 footcandles, then the brightness of the display is in compliance. If not, the display will need to be adjusted to a lower brightness level using the manufacturer’s recommended procedures.

As the display alternates between a solid

white message and an “off” message, note

the range of values on the illuminance meter.

If the difference between the readings is

less than 0.3 footcandles, then the

brightness of the display is in compliance.

10 © International Sign Association ISA RESEARCH HOW TO MEASURE THE NIGHT-TIME BRIGHTNESS OF AN EMC—WITHOUT CONTROL OF THE SIGN (Note: This method requires two individuals, but does not require operational control of the EMC.)

There will be instances where the EMC illumination needs to be STEP 4 evaluated to ensure that it does not exceed the brightness levels POSITION THE TESTERS. established in the municipal sign ordinance. If the municipality is unable to obtain access to the sign controls or attempting to take the Based on the size of the digital display, the person conducting the test measurement after business hours, this method should be followed. should position themselves as close to directly in front of the digital display as practical, at the appropriate distance (calculated in Step 3). Unlike the six-step process described previously, this process measures the difference in brightness between the sign in operation and when A helper should position themselves about 7 ft. to 10 ft. in front of the sign is completely blocked from the illuminance meter. This proce- the light meter and hold up an opaque, black sheet of material that dure is extremely simple and requires only an illuminance meter and is roughly 12 in. high by 40 in. wide. (Regular cardboard painted a piece of painted cardboard cut to the proper size. matte black works well for this.) The sheet should be positioned so it blocks all light from the EMC, but still allows the remaining ambient light to register on the illuminance meter. STEP 1 OBTAIN AN ILLUMINANCE METER. (See previous Step 1)

STEP 2 DETERMINE SQUARE FOOTAGE. (See previous Step 2) This helper should use a cardboard sheet to block the EMC light from the footcandle meter. This will establish the baseline footcandle reading. STEP 3 DETERMINE THE MEASUREMENT DISTANCE. (See previous Step 3 or use (Area of Sign in Sq. Ft. x 100))

After the cardboard block is held in House Commercial Lights place, a reading should be taken for the Lights ambient light. Landscape Lights Street Lights Traffic Lights

In this example, various light sources are House Commercial Lights impacting the photocell measuringLandscape 2.3 Lights Lights Street Lights footcandles of ambient light. Traffic Lights

This is the baseline for the measurement. Write it down.

House Commercial Lights Landscape Lights Lights Street Lights Traffic Lights STEP 5 USE AN ILLUMINANCE METER.

The illuminance meter should be held at a height of about 5 ft. (which is approximately eye level) and aimed directly at the EMC. The illuminance meter will account for surrounding sources of light or the absence thereof.

In this case our ambient light reading was 2.3 fc. The new light reading with the LED displaying a full white frame cannot read above 2.6 fc or 2.3 (ambient) + 0.3 (threshold). If a full white frame cannot be arranged, watch the meter to see if any ad exceeds 2.6 fc.

At this point, readings should be taken from the illuminance meter to establish a baseline illumination level. (ISA recommends that the illuminance meter is capable of levels to 2 decimal places 0.00).

Once the baseline level is established, add 0.3 footcandles to the baseline level to calculate the max brightness limit. (For example: Baseline reading is 3.15 footcandles. The max brightness level is 3.45 footcandles.)

STEP 6 DETERMINE THE BRIGHTNESS LEVEL.

Remove the opaque sheet from blocking the EMC. Watch the footcandle meter for 3 to 5 minutes to see if the max brightness level is exceeded by any of the images on the sign. If the readings do not exceed the max brightness levels, then the EMC illumination is in compliance.

If any of readings consistently exceed the max brightness level, the lighting level is not in compliance. In this scenario, the municipality will need to inform the sign owner of noncompliance and take appropriate steps to ensure that the EMC be adjusted to a lower brightness level using the manufacturer’s recommended procedures.

If any of readings consistently exceed

the max brightness level, the lighting level

is not in compliance.

12 © International Sign Association 1001 N. Fairfax Street, Suite 301 Alexandria, VA 22314 703.836.4012 Ph 703.836.8353 Fax www.signs.org

STREET GRAPHICS AND THE LAW PAS 580, CHAPTER 4

Table 4.5 and Figure 4.6 provide examples of the use of this Pennsylvania sign area equation based on different travel speeds and viewer State Typical Low-Mounted reaction times. University . Ground Sign

SIGN HEIGHT: MINIMUM STANDARDS FOR

VEHICLE-ORIENTED ENVIRONMENTS Single-Lane ,ylvania

View Blocking

;ity For signs providing roadside information in primarily vehic- ._ .! - ular-oriented environments, the height above grade of the sign or sign copy has a pronounced effect on an approaching motorist's ability to detect and read the message displayed. As is documented in the research publication, Sign Visibility,

Two-Lane Effects of Traffic Characteristics and Mounting Height (2003), View Blocking the simple presence of other vehicles on the road (i.e., in front, in an adjacent travel lane, or in travel lanes in the opposite direction) can potentially prevent a driver from detecting a sign. If a sign is situated at or below five feet above grade, other vehicles may block the driver's view, and the sign copy will not be legible (Figure 4.7). The aforementioned study used analytical algorithms Visibility Solution: reflecting known patterns of traffic flow and volume, in Maintain Sign Design Style; Raise Copy To conjunction with computer-generated simulation software. Viewable Height The research resulted in predictions of the percentage of times that other vehicles blocked the view of an approaching motorist , thus preventing the driver from detecting a low- mounted sign (five feet or less above grade). The percent of blockage was computed as a function of the traffic flow rate, the position of the subject motorist in the traffic stream, and Figure 4.7 Sign-blocking scenarios (schematic) the position and setback of the sign. Oversize vehicles (such as trucks, buses, and recreational vehicles) were not included in the calculations even though their normal presence in the istics as detailed in the charts is no less than five feet above vehicular mix would have, undoubtedly, increased the per- grade. However, the USSC strongly recommends a mini- centages noted in the study. mum height standard for sign copy of no less than seven The researchers analyzed eight traffic scenarios, based feet above grade in order to ensure adequate visibility and on a four-lane undivided highway and either 35 or 45 miles a reasonable viewer reaction time , considering the block- per hour as the speed of travel. These conditions were chosen ing potential of other vehicles on the road. The seven-feet- to simulate the general characteristics of roadways traversing above-grade recommendation is the same as the Federal commercial zones throughout the United States. The signs Highway Administration's standard, as promulgated in the (assumed to be 10 feet wide) were located at either 10 or 20 Manual of Uniform Traffic Control Devices, for the height feet from the edge of the roadway and on either the right- above grade of official roadside directional and wayfinding or left-hand side of the road. The findings clearly establish signs utilized along urban roadways in the United States. a quantifiable loss of visibility across the full range of sign As a related issue, the visibility requirement for ground placement as traffic flow rates increase. The charts, A through or monument sign copy placement above seven feet above H, document the findings for traffic flow rates ranging from grade may run counter to community sign code regulation 200 to 1,200 vehicles per hour (Figure 4.8, pp. 36-39). that (1) sets overall low maximum height limits, or (2) com- Based on the research, the USSC minimum height putes maximum square footage limits on sign size as the standard for copy on signs placed on roads with character- simple product of the total height times the total width of the

www.planning.org AM ERICAN PLANNING ASSOCIATION 35 (Updated with Reed v. Town of Gilbert Supreme Court Case)

BEST PRACTICES IN REGULATING TEMPORARY SIGNS

(Updated with Reed v. Town of Gilbert Supreme Court Case)

By Wendy E. Moeller, AICP

Published by:

www.signresearch.org

INTRODUCTION 004

Development of this Guide 005 Why Temporary Signs? 006 Using this Guide 007

BEST PRACTICES FOR THE OVERALL REGULATION OF TEMPORARY SIGNS 008

General Practices 009 Administration and Enforcement 020 Addressing New Sign Types 024

BEST PRACTICES FOR INDIVIDUAL TYPES OF TEMPORARY SIGNS 026

Advertising Murals 027 Balloon Signs & Air-Activated Graphics 028 Banner Signs 029 Blade Signs 031 Freestanding/Yard Signs 033 Light Pole or Support Pole Banners 037 People Signs 038 Portable Message Center Signs 039 Projected-Image Signs 040 Sidewalk Signs 042 Vehicle Signs & Wraps 044 Window Signs 046

LEGAL RESOURCES FOR TEMPORARY SIGNS 048

Additional Reading 051

GLOSSARY 052

ACKNOWLEDGEMENTS 054

Communities seem to have a love-hate relationship with

temporary signs. Most understand the need for temporary signs

when it comes to things such as business promotion, identifying

properties that are for sale or lease, or promoting special events,

but they also struggle with the administration and enforcement

of temporary signs due to the ever-changing nature of this type

of sign. The purpose of this guide is to provide communities

with some best practices to use when evaluating and writing

temporary-sign regulations that are easier to administer and

enforce, while also allowing for the reasonable use of such

signage for residents and businesses alike. This guide also

includes updated commentary and recommendations related to

the June 2015 ruling by the Supreme Court of the United States

in the Reed vs. Town of Gilbert, Arizona case. OF THIS GUIDE

This guide was developed with the help of numerous communities and organizations. An initial step in determining this guide’s direction involved creating an online survey that sought information on how communities regulate temporary signs, and what issues they face in administering temporary sign regulations. Over the course of a month, representatives from more than 99 communities in 31 states responded to the survey. This information, along with a review of many of the responding communities’ ordinances, provided a general understanding of common approaches to regulating temporary signs, as well as new approaches to administration and enforcement. The survey also identified where staff members struggled with temporary signs. For example, each participant was asked to identify the issues they struggle with the most regarding temporary signs (each could choose up to three issues). The 78 respondents to the question reported various issues, all of which are discussed in this guide. The biggest problems identified administration and enforcement of the regulations, as well as addressing new sign types. Only four respondents (5.1%) reported no issues and even then, one of the four still chose addressing new sign types as an issue. See Figure 1.

Besides the survey, research for this guide included a review of newspaper articles and public meeting minutes where temporary sign regulations were discussed. This effort sought to identify temporary-sign issues as seen by local businesses and people affected by the regulations. These articles contributed to many of the best practices outlined in this document because often, a controversy with sign regulations triggered a larger discussion among community and business leaders to develop a solution.

Figure 1: Online responses to questions about issues that communities struggle with in regulating temporary signs?

A discussion of how to regulate temporary signs must begin with an understanding of how and why temporary signs are necessary for businesses, residents, and local institutions. Generally speaking, signs are necessary to provide effective wayfinding in our communities. This is evident, because signage is everywhere, but conflict arises when discussing excessive signage or preventing signs that detract from community character. Typically, one “bad” sign can influence overall opinions about signage in general. It is not uncommon that the negative reaction to temporary signs is actually aimed at illegal signs (Figure 2) that are not used by local businesses and/ or capitalize on a lack of enforcement. It is often discussions about illegal signs that lead to decisions that prohibit or severely restrict signs. This can, in turn, significantly impact

local businesses, and even residents who may want to advertise Figure 2: It is often illegal signs, a garage sale or local events, yet do not want to have to go such as the ones above, that cause a negative reaction toward temporary signage, resulting through the red-tape of permitting. in the creation of excessive regulations.

A vast majority of survey respondents said communities regulated temporary signs for safety and aesthetics, but nearly 50% also stated they regulate temporary signs for business promotion. See Figure 3. In reviewing the ordinances, no clear distinction separated communities that regulate temporary signs for business promotion versus those that do not. The communities that said they regulated for business promotion did not clearly allow more temporary signage and, in some cases, they even had temporary sign regulations more restrictive than the majority of other ordinances. The only connection appears to be that the support of businesses and economic development was a stated purpose to the overall sign regulations. Regardless, there is a clear relationship between temporary sign regulations and the ability of businesses to advertise. There is increasing evidence that demonstrates the value of signage to both businesses and communities, and that this value also applies to the use of temporary signs.

Figure 3: Online response to a question about why communities regulate temporary signs. Communities could check multiple reasons.

BEST PRACTICES IN REGULATING TEMPORARY SIGNS 6 INTRODUCTION In the BrandSpark/Better Homes and Gardens American Shopper Study™, more than 100,000 consumers were surveyed about their household shopping activities, and more than 60.8% reported they have driven by and failed to find a business because the signage was too small or unclear. It also is evident that signage is more vital to a small business than to chains who might have a brand identity and large advertising budgets. In the temporary-sign articles discovered during the research for this guide, small businesses repeatedly noted how existing requirements or proposed restrictions impacted their business. For example, the Town of Newington, Connecticut, recently proposed a ban on temporary signs in all business districts, except in the downtown area, and small-business owners expressed concern. One small-business owner said “Any way I can draw attention to myself is absolutely necessary” and that “I do advertise, but as a small business, you have a small budget.” In the 2013 case of Fears vs. City of Sacramento, the owners of a local gym challenged a sign regulation that prohibited them from posting a temporary sandwich board sign outside the building to advertise the gym. Although the lawsuit primarily focused on the lack of content-neutrality, the business noted in the court documents that they attracted 5-6 more walk-ins daily when the sign was posted outside. While reasonable sign regulations are important, an amicable balance will allow reasonable advertising and efficient wayfinding that, in turn, will contribute positively to the community character and economy.

THIS GUIDE

This guide is not designed or intended to be a model temporary Just as communities can vary greatly in their goals and sign code that you can simply cut and paste, as a single character, so can sign regulations. This guide recognizes that, element, into a complete sign ordinance. For an effective while in the past, sign-related case law has varied state-by-state and defensible set of sign regulations, a community needs and court-by-court, the U.S. Supreme Court’s decision in Reed v. to consider numerous variables, including the needs of local Town of Gilbert, Arizona now applies a more uniform standard businesses, neighborhood character, and legal requirements. of absolute content-neutrality to all temporary signs. Although These variables cannot be accommodated from a one-size-fits- this guide briefly discusses temporary-sign law, and includes a all model code. Instead, this guide suggests best practices, list of resources to help create a legally defensible set of sign or things to consider, when updating your sign regulations to regulations, it does not provide any legal opinions. Always seek address temporary signs. These best practices are divided into local, legal advice pertaining to local, state, and federal two major sections: considerations when evaluating the overall laws while updating your sign regulations. temporary sign regulations, and best practices that apply to individual sign types. This approach allows better evaluation of the optimal regulation of temporary signs based on a community’s individual needs.

1 Kellaris, James J. (2011), “100,000 Shoppers Can’t Be Wrong: Signage Communication Evidence from the BrandSpark International Grocery Shopper Survey.” The Science of Signage: Proceedings of the National Signage Research & Education Conference, Sign Research Foundation, Cincinnati, October 12-13, 2011.

2 Hoffman, Christopher, “Business Group Rallies Again Proposed Ban on Temporary Signs in Newington,” Hartford Courant, July 31, 2014.

This project’s research identified some essential best practices for

developing comprehensive temporary sign regulations, as well as

for the regulation of individual sign types. These best practices

emerged from the survey, as well as discussions with both planners

and sign-industry representatives. This section of the guide

addresses overall best practices, administration and enforcement,

and addressing new sign types as part of the overall regulation

of temporary signs. GENERAL

Make a clear distinction between a temporary1 sign and a temporary message. There is a significant gray area when it comes to making a distinction between a temporary sign and a temporary message. A temporary sign is a portable structure that is intended to be used for a brief period of time. A temporary message does not have a structure in and of itself. It is a message that may be changed manually or digitally as part of a permanent sign structure. For example, electronic message centers are permanent signs that display temporary messages at set intervals. Similarly, communities often allow for signage on permanent structures such as light poles (See Figure 4.) Figure 4: An example of a temporary or fuel pumps, where there is a permanent support structure message attached to a permanent structure that should be regulated as permanent for a temporary message. Conversely, in an equal number signage with allowances for temporary of examples, as shown in Figure 5, a sign owner may attach messages. a temporary sign to a permanent structure. In these cases, the temporary sign is an independent structure temporarily attached to a permanent structure that was not intended to accommodate the sign and, quite often, communities prohibit this additional signage. Such signage should be regulated as a temporary sign, whereas temporary messages on permanent structures should be regulated as a permanent sign with allowances for temporary message changes.

Figure 5: An example of a temporary sign that is attached to a permanent structure and should be regulated as a temporary freestanding sign.

Both2 permanent and temporary signs are important and have a place in each community, but it is nearly impossible to address them as separate and distinct issues. Communities should always evaluate signage in a comprehensive manner. Although the Reed case was related to a temporary As part of such comprehensive review, the community can first sign, the ruling itself has implications for both develop a strong purpose statement and set of objectives. This temporary and permanent signs. As noted earlier, type of evaluation will also allow the community to identify there were differing opinions on the definition of potential conflicts between the standards and the stated “content-neutrality” prior to the ruling in the Reed purpose of the regulations. For example, if a community goal case. Thus, the vast majority of regulations reviewed is to limit temporary signage, but promoting local businesses as part of the survey for this report had some level is an essential purpose of the regulations, then expanding the of regulations that were based on content. The permanent sign allowances could be the compromise (e.g., most common examples were specific standards increased permanent signage area or allowance for digital or exemptions for real-estate or election signs. message centers). It is also important to try to eliminate any In the wake of the Reed case, it is important that unintended conflicts between temporary and permanent sign communities evaluate their sign regulations in a regulations. For example, communities that focus on limiting comprehensive manner, for the reasons identified in the size and height of permanent signs due to aesthetics may this section, but also to address any content-based unintentionally end up allowing much larger temporary signs. regulations. For example, Figure 6 illustrates a conflict where a temporary sign has better visibility and legibility than an adjacent permanent sign. Would a larger permanent sign create any more negative impact on aesthetics than the temporary sign? In fact, the larger real-estate sign’s better visibility and legibility would likely enhance traffic safety, an important purpose for regulating signage.

When updating your regulations, test how the provisions for permanent and temporary signs would apply to existing development sites as a way of identifying potential conflicts.

Figure 6: Apparent conflicts in regulating temporary and permanent signage can undermine the purpose statement for your sign regulations.

BEST PRACTICES IN REGULATING TEMPORARY SIGNS 10 BEST PRACTICES FOR THE OVERALL REGULATION OF TEMPORARY SIGNS Engage all stakeholders in Be practical in updating3 your sign regulations. sign4 area calculations. Too often, a community updates its sign regulations without The method of calculating the total sign area greatly querying business owners. Using a planning commission or impacts temporary signs and legibility. Tight restrictions can an appointed committee has the tendency to result in heavy unintentionally prevent unique or creative signage. Measuring influence from residents who may not fully understand the freestanding signs is fairly straightforward, due to their need and/or benefit of temporary signs. Signage impacts defined shape, but regulating window signs, without a defined both residential and business areas, but the biggest sign background, can be more challenging. Some communities controversies stem from situations where businesses believe are beginning to distinguish between signs with a distinct the local government is being too heavy handed. Prevent this background and those without. In the latter situation, the situation by engaging a cross-section of stakeholders, including measurement should not include open or blank space. Multiple residents, local business owners and tenants, county board examples of this approach are referenced in the model sign of elections, and members from the chamber of commerce codes listed in the “Additional Reading” section of this guide. and local sign industry when updating your temporary sign regulations. Such a group can establish the overall goals and priorities for sign regulations and find common ground. Local businesses can explain how proposed regulations can benefit or hurt the local economy through the regulation of both temporary and permanent signs. Local business representation will also help create stronger support for regulations that are easier to enforce and administer.

Figure 7: Sign-area calculation from A Framework for On-Premise Sign Regulations that illustrates an example of a practical sign-area calculation that allow for more design flexibility and enhanced legibility. A link is available in the Additional Reading section.

© Sign Research Foundation (SRF) 11 Avoid sign allowances shared between temporary5 and permanent signs. Some communities have attempted to simplify allowable sign One approach communities are taking to ensure content- area by ignoring the differences in temporary and permanent neutrality after the Reed decision is to establish a maximum signage and simply allowing “X” amount of signage. However, amount of temporary, commercial speech sign area that this can actually create an administrative nightmare because is allowed year round, in individual zoning districts. This recalculations will be required every time the owner wants year-round signage is typically restricted to limited types of to make a change to the temporary or permanent signage. temporary sign structures (e.g., freestanding/yard signs or Second, if the total amount of sign area allowed is very banners) with further restrictions to the number, height, and restrictive, the permanent signs may be too small in terms location of the individual sign structure type. The amount and of legibility, and any temporary sign may become quasi- type of signage allowed will vary based on individual zoning permanent to compensate for insufficient advertising options. districts and the scale, form, and context of development, but Such issues are only compounded for multi-tenant buildings. is designed to allow for the most common temporary signs The “total overall sign area” approach may make it necessary found in a community including those types of signs we have to exceed best-practice parameters elsewhere. An alternative is tradionally called real-estate signs or business information to clearly distinguish the total area allowed for permanent signs signs (e.g., open or closed signs). In addition to the temporary separately from the total area allowed for temporary signs. signage that is allowed year-round, communities often allow for some additional temporary signage for a specified amount of time, and a specifed number of occurences per year (e.g., up to 14 days, four times a year), based on the allowed sign type. Again, the community needs to specify the type of temporary sign structure allowed which, in these situations, may include an expanded list of allowable sign structures including those that are often less popular such as balloons, air graphics, human signs, or portable message centers. For all types of sign types allowed, the community should include any standards specific to that sign type, including, but not limited to, setbacks, maximum heights, maximum numbers, and seperation distances.

BEST PRACTICES IN REGULATING TEMPORARY SIGNS 12 BEST PRACTICES FOR THE OVERALL REGULATION OF TEMPORARY SIGNS Consider allowing temporary signage6 as an interim-sign option. Some communities establish special provisions for temporary signs that may be used by new businesses as an interim sign until permanent signage can be installed. For example, the regulations might allow for a temporary banner until a permanent wall sign can be installed. This often happens when there is potential for a change in occupancy (e.g., a multi-tenant building), and the old signage will not be removed until the new signage is ready. Additionally, the temporary-sign option can be used when the permanent sign is destroyed. In such cases, a time limit of 60 days should be sufficient, and the new permanent sign would immediately replace the temporary sign. A few communities even allow temporary signs for new businesses, for a period of up to six months, to allow testing of different signage options before designing the permanent sign. In such cases, the type of temporary sign should be specified with banners and yard signs being the most common examples of temporary signs allowed as an interim option.

Figure 8: This temporary banner is being used as an interim sign until a permanent wall sign can be installed. It is similar in size to the proposed permanent wall sign.

© Sign Research Foundation (SRF) 13 Avoid treating all temporary7 signs the same. Sign ordinances can often be lengthy documents that lay out the rules for every conceivable type of sign type and/ or situation. Typically, permanent signs are the focus of the regulations, with minimal thought given to temporary signs. Many communities subsequently want to simplify temporary- sign regulations by establishing a single time limit that applies to all temporary signs but then only allow for banner signs and freestanding/yard signs. Administratively, this seems wise, but temporary signs serve varied purposes and therefore demand different treatment, based on the type of sign. Communities need to allow all property owners some allowance for temporary signage year-round to accommodate activities such as the sale or lease of land that are often long-term. For Figure 9: Many communities are willing year-round signage, it is not unreasonable to strictly limit the to provide for the possibility of using balloon signs as long as they are not types of signs allowed to the most common types of banner used year-round. These may be a sign or freestanding/yard signs. The problem is that a community type that your community restricts to a certain number of days per year. needs to consider that there will always be special events or activities that warrant additional signage, but on a restricted time frame. For temporary signs that will only be allowed for limited time periods, consider allowing for an expanded list of sign types to give property owners more options.

Figure 10: Freestanding/yard signs are often allowed year-round to provide for property owners the ability to accommodate routine activities not tied to specific dates, such as when used to advertise the sale or lease of land.

BEST PRACTICES IN REGULATING TEMPORARY SIGNS 14 BEST PRACTICES FOR THE OVERALL REGULATIONSREGULATION OF OF TEMPORARY TEMPORARY SIGNS SIGNS Consider the context of8 a sign’s location. As with permanent signs, the neighborhood and street context will typically drive the types of signs used or desired by businesses. In writing your regulations, consider the different characteristics of your community’s residential and business activity areas to define the types and sizes of signs within zoning districts.

• Downtowns and high-density urban areas tend to have more foot traffic, so there is typically more demand for banners and sidewalk signs.

• Suburban or rural areas, or high-traffic streets and highways, typically require larger and taller signage for good visibility, so there tends to be more demand for yard signs, blade signs, and banners that are visible to drivers, rather than pedestrians.

Figure 11: Signs in a downtown • Many types of temporary signs are prohibited in or urban setting tend to be smaller in historic districts, including banners or pennants, but area and height. sidewalk signs, window signs, and other types are traditionally allowed.

An increasing number of communities are also using form- based codes that focus on building form and the relationship between public and private areas, as compared to a focus on the use of land. These codes provide an opportunity to also write sign regulations specific to the form of development.

Figure 12: Signs along major highways or more rural settings need to be larger to allow for visibility, such as these blade signs along a four-lane, state highway.

© Sign Research Foundation (SRF) 15 Consider allowing off-premise9 temporary signs. Many sign regulations prohibit all off-premise signs to prevent billboards, without any exceptions. Temporary signs often advertise off-premise special events or activities, such as local community festivals, recreational opportunities, and even business events, such as farmer’s markets. Provided the temporary-sign regulations clearly establish sign area, height, duration, and even the number of signs, off-premise temporary signs should pose no threat. The only caveat is mandating the landowner’s approval for off-premise signs. It is also appropriate to establish what types of temporary signs can be on-premise or off-premise. Figure 13: A mixture of off-premise signs that include temporary signs While the decision in the Reed case helped clarify what was (real estate and pretest signs) as well as permanet signs. once differing opinions about the definition of content-neutrality in the lower courts, it has raised other questions as to whether sign regulations that distinguish between on-premise versus off-premise signs and commercial speech versus noncommercial speech are content-based. Since the ruling in the Reed case, several lower courts have heard cases on such questions, and thus far the majority of court decisions favor viewing these distinctions as content neutral based on Supreme Court rulings prior to Reed. In updating sign regulations, you should work with legal counsel to consider any potential risks in making these distinctions as well as any rulings within applicable state or federal courts.

BEST PRACTICES IN REGULATING TEMPORARY SIGNS 16 BEST PRACTICES FOR THE OVERALL REGULATION OF TEMPORARY SIGNS Avoid prohibiting all10 signs in rights-of-way. In the survey, approximately 73% of the communities stated they do not allow signs in any right-of-way. The other 27% limit them to situations like sidewalk signs or where pre-empted by state law. Most communities want to limit signs in rights-of-way largely for safety and visibility reasons, and because public spaces are not traditionally an appropriate location for private commercial advertising. The problem is that some limited signage in the right-of-way can provide effective marketing and add to the atmosphere, such as along sidewalks in pedestrian-focused areas. While defining a sidewalk sign in a content-neutral manner is simple enough, the Reed decision has made it difficult to make exceptions, such as temporary signs in certain right-of-ways rather than others. If your community does want to allow for some limited signage on sidewalks, consider an approach of allowing a temporary sidewalk sign (e.g., A-frame or T-frame sign) on any public sidewalk that has a width sufficient to accommodate the sign and clear passage of pedestrians (e.g., four feet of clearance). Most communities only have sidewalks of this width in more compact areas, such as downtown, so a similar sign would not be allowed where there are narrow sidewalk widths. Be sure to involve the state and county transportation departments and/or engineers in discussions related to signs in the right-of- way. Their departments may be affected, and they may be able to assist in crafting tailored regulations to individual situations.

Figure 14: Most sidewalk signs are located in the right-of-way, so a complete prohibition may limit advertising in more pedestrian focused areas of your jurisdiction where there is sufficient space for the sign and clear passage for pedestrians.

© Sign Research Foundation (SRF) 17 Be cautious when limiting the11 number of temporary signs. Placing a limit on the total number of temporary signs permitted on any one site can be tricky due to a number of variables. Some courts have found this as potentially limiting to our freedom of speech when regulating noncommercial speech. For commercial signs, the variables include the number of tenants on a property, the types of temporary signs allowed, and the amount and type of permanent signage allowed. If limits are desired, consider putting a cap on individual sign types, with allowances for a temporary, wall-hung banner for each tenant, and limits on the number of freestanding temporary signs on a single property at any one time. Most communities, however, exempt temporary signs on lots for sale or lease, or signs that contain noncommercial speech signs from these types of regulations.

Be specific about when illumination of temporary signs is allowed12 or prohibited.

Communities commonly prohibit the illumination of all temporary signs, but this may minimize the effectiveness of specific types of temporary signs that may otherwise be allowed. For example, many advertising murals, banner signs used for the interim covering of permanent signs, portable message centers, projected-image signs, and light or support pole banners are illuminated either internally or externally. It is important, when considering the types of temporary signs that your community is going to allow, to also determine if it is reasonable to allow some limited illumination, typically based on the type and size of the sign, as well as the length of time the sign will be allowed. In all cases, be clear when illumination is allowed or prohibited, and if allowed, identify any applicable lighting regulations. Additionally, it will be important to cross- reference any building or electrical-code requirements (e.g., requirements for burial of any conduit) that may be applicable.

BEST PRACTICES IN REGULATING TEMPORARY SIGNS 18 BEST PRACTICES FOR THE OVERALL REGULATION OF TEMPORARY SIGNS Visibility issues that apply to permanent signs also apply to13 temporary signs. An extensive amount of recent research has linked sign visibility and legibility with safety. Some studies have focused on electronic signs, while others have focused on design implications, such as sign location, color contrast, and sign orientation. The same design principles that affect the visibility and legibility of permanent signs also apply to temporary signs. The “Additional Reading” section references several recent studies and model codes that can provide additional guidance on visibility issues.

Figure 15: New studies and model codes focus on legal and safety issues related to signage. See links in the Additional Reading section.

A majority of communities who responded to the online survey cited major issues with administration and enforcement of temporary-sign regulations. While the regulations establish the rules for temporary signs, many of the following best practices focus on departmental policies and actions outside of the regulations, so your jurisdiction could undertake them without necessarily amending any zoning or other ordinance text.

Use1 technology. All of us have benefitted from technological advances. The same can be said about zoning administration and enforcement. There are a growing number of communities who are incorporating these types technology in their day-to-day zoning administration activities. The use of technology appears to vary greatly, based on available resources, but the following are a couple of options available to most communities:

• For smaller communities with minimal resources, • More communities are utilizing new, Permitting- basic software programs, such as digital-calendar software options to facilitate obtaining permits, as applications or electronic files, can set reminders well as tracking expiration dates and compliance. For regarding deadlines for temporary signs. As permit example, the City of North Liberty, Iowa, utilizes a web- applications come in, staff can establish a reminder that based, self-permitting system. The system also allows the will automatically notify the appropriate enforcement city to track sign permits and time limits so applicants officer of the expiration dates for the signs, especially cannot apply for excessive permits. Figure 16 is a screen those that require permit review. grab from the city’s permitting website. Additionally, the city’s enforcement officers have iPads with 4G internet access they can utilize while in the field to check compliance with the permitting application. Permit- software applications offer a range of pricing that makes this option available to most communities.

BEST PRACTICES IN REGULATING TEMPORARY SIGNS 20 BEST PRACTICES FOR THE OVERALL REGULATION OF TEMPORARY SIGNS AND

Figure 16: Image from the North Liberty, Iowa, permitting website.

© Sign Research Foundation (SRF) 21 Be2 clear when a permit is required. Many communities require sign permits, but also have some limited exceptions for smaller signs or certain sign types. Be clear as to when a sign permit is required. Also be clear that signs that don’t need permits are still subject to applicable regulations, such as signs displaying a noncommercial message. Communities should focus on requiring permits for larger signs and exempt smaller signs. Paired with a good enforcement program, exempting certain signs should not create extensive issues and will streamline administration.

Constant and consistent 3enforcement is necessary. Many communities have extensive regulations, yet they lack the resources for enforcement, so it tends to be random or complaint based. Inconsistent enforcement can lead to a proliferation of illegal temporary signs, as well as a damaging perception. First, always consider what your community can actually enforce when writing the sign regulations. If you only have one enforcement officer, do not write complex regulations that cannot be enforced by a single person. Here, technology can often help. Second, several survey respondents noted they had more successful enforcement when they identified other staff/employees of the jurisdiction who, with proper training, could be an authorized enforcement officer for signage and possibly expand the timeframe (e.g., weekends) when enforcement actions could take place.

Figure 17: Authorizing more than the zoning staff to enforce sign regulations can help minimize illegal temporary signs from popping up over weekends.

BEST PRACTICES IN REGULATING TEMPORARY SIGNS 22 BEST PRACTICES FOR THE OVERALL REGULATION OF TEMPORARY SIGNS Consider4 a sign label program. Several communities are starting the practice of issuing a sticker, stamp, tag, decal, or some other type of label in lieu of a paper certificate. The label is applied to the sign and includes basic information, such as the applicant’s name, permitted sign location, and dates when the sign can be posted. Enforcement is as simple as checking a sign for compliance. Signs without a label, or an expired date, are immediately removed, or other appropriate enforcement actions are taken. The cost of the labels is typically covered by the jurisdiction because it helps simplify enforcement. Figure 18: The above is an image of a temporary banner sign with a city-issued sticker posted in the corner.

Cooperation and education Maintenance regulations can5 go a long way. are6 important. Public involvement is a best practice when developing sign Temporary signs, logically, are often made with less-durable regulations, but public outreach should continue beyond materials than those used for permanent signs. However, some drafting of regulations. Numerous survey respondents temporary signs may have longevity due to lack of enforcement noted success in administering the sign regulations through or by necessity, such as a sign advertising space for lease. educational efforts with local business groups and chambers While many owners are diligent about replacing or removing of commerce. Planners proactively work with businesses to deteriorated signs, basic requirements for sign maintenance identify what types of signs are allowed, and the rules for the should be applied to both permanent and temporary signs. individual sign types, while also constantly listening to their feedback. Such efforts appear to reduce enforcement actions and violations. Consider working with your local county board of elections to educate potential candidates about any applicable sign laws at both the state and local level.

Communities often struggle with new temporary-sign types and/or technologies. Many regulations prohibit all unspecified sign types. A better practice is to consider any new sign type or technology in terms of “similar use” language, with a longer-term solution of amending sign regulations to accommodate the new sign.

Treat1 the new sign as a similar use. “Similar use” provisions in zoning codes provide enforcement officers with some authority to evaluate a new use based on whether it is similar in nature to another use allowed in the zoning code. If the proposed use is similar in scale, intensity, and other characteristics, the enforcement officer can typically permit the new use in accordance with the rules that apply to the similar use. This same concept can be used with temporary signs. For example, the sign in Figure 19 is very similar to a banner, except it is temporarily attached to the wall with a special adhesive instead of the more traditional rope or hooks. It is considered a temporary sign because it can easily be removed when, in this example, all of the apartments are leased. A similar-use provision allows the flexibility to make this type of interpretation, and prevents the need for a text amendment in the short term. A longer-term solution is an amendment to the sign regulations to accommodate the new sign type.

Figure 19: A new type of temporary sign that is completely, yet temporarily, adhered to a brick wall.

BEST PRACTICES IN REGULATING TEMPORARY SIGNS 24 BEST PRACTICES FOR THE OVERALL REGULATION OF TEMPORARY SIGNS Consider whether the new sign is a temporary sign or a 2temporary message. As discussed earlier, the distinction between temporary signs and temporary messages should be a part of any discussion related to addressing new sign types. If it is a permanent structure with a changeable message, the best course of action is to regulate the sign as a permanent sign.

Collaboration offers the best approach to regulating new sign types. Figure 20: A new type of permanent sign structure where the message, printed on 3 a banner like material, can be changed. Such sign structures should be regulated as a Engaging all stakeholders is also a best practice when permanent sign. considering the regulation of new sign types. When considering a text amendment to address new signs, engage the various stakeholders to discuss the purpose of the sign, and any reasonable regulations necessary to address concerns about the sign.

The purpose of this section is to provide detailed best practices

in regulating the most common types of temporary signs,

including typical timeframes, sizes, and other provisions. The

community survey and research of ordinances identified other

types of temporary signs, but the signs in this section are the most

predominant. In this section, “sign permit” is the terminology

used when discussing permitting, but it may be a zoning permit,

certificate, or other form of approval as defined by the individual

community. MURALS

Advertising murals, building wraps, or super graphics are some of the largest forms of temporary signs. While some are permanent, such as murals painted on the sides of buildings, temporary versions of these signs are popping up nationwide. Most common in downtowns and high-density urban settings, these signs can be an alternative to a blank or unfinished wall.

• Require a sign permit for the installation of an • Time limits should be avoided, but basic maintenance advertising mural. Communities commonly require a standards must include removal/replacement provisions board-level review of advertising murals if the sign is if deterioration is evident with rips, failure of anchoring, located in a historic or other special district. fading or discoloration, etc. In light of the overall approach to regulating temporary signs outlined in this document • Consider allowing both on-premise and off-premise (i.e., a certain amount of signage allowed all year), the size messages for ease of administration (e.g., to be an on- of these signs will likely exceed any sign allowance given premise sign would the building in Figure 21 or ease of for temporary signs. For this reason, if a community wants administration (e.g., to be an on-premise sign would the to allow for these types of signs, whether permanent or building in Figure 20 have to contain an Apple Store? temporary, they might want to consider identifying them as What if a tenant sold iTunes cards?). Allowing off-premise a unique type of allowed sign, with applicable standards, messages also allows for advertisement of both business outside of any temporary or permanent sign requirements. and community interests that still may include commercial speech. • Require that installation and anchoring should be accomplished in a manner that will not pose a risk of harm • Consider limiting the location of the signs to to any architectural features. unfinished facades or walls devoid of windows and doors.

• Prohibit the obstruction of architectural features, windows, doors, and other points of access.

• Prohibit advertising murals from being located on the building’s primary façade.

• Some communities have restrictions that prohibit the location of such signs where they will face parks, historic sites, or other major points of attraction.

• Prohibit the use of changeable-copy, electronic message centers or video displays for temporary advertising murals. Some communities have allowed minimal external illumination, but the majority prohibits any illumination. Figure 21: Example of a temporary advertising mural attached to a blank building façade.

Balloon signs or air-activated graphics are often used in conjunction with special events or activities and come in all shapes, sizes, and forms.

• Balloon signs and air-activated graphics are commonly restricted to on-premise signs.

• A sign permit is typically required for balloon signs and air-activated graphics, with the exception of any holiday or similar decorations.

• Require a setback that is equal to or greater than the height of the sign from all rights-of-way, lot lines, and overhead utility lines.

• For safety purposes, any balloon or air-activated graphic should be fastened to the ground or a structure so that it cannot shift more than three feet horizontally under any condition.

• Require compliance with applicable building codes Figure 22: A balloon sign that is tethered to the ground. because the signs often have an electrical component.

• Clarify if only balloons with no inherent movement are permitted (Figure 22), or whether there can be movement, such as an air-dancer sign as seen in Figure 23.

• Many communities do not have height limitations on these signs, but where they exist, it is typically between 20 and 35 feet.

• Balloon signs or air-activated graphics are not typically allowed year round and are often restricted to a certain number of days and occurrences per calendar year. The most common timing is for up to 14 days per occurrence, with a limit of one occurrence per calendar year.

Figure 23: An air-activated graphic that includes motion.

BEST PRACTICES IN REGULATING TEMPORARY SIGNS 28 BEST PRACTICES FOR INDIVIDUAL TYPES OF TEMPORARY SIGNS SIGNS

Banner signs are one of the most common types of temporary signs allowed by the vast majority of communities. These signs may be mounted on a structure or even staked in the ground in a similar manner as a freestanding sign.

General Regulations

• Banner signs may be an on-premise or off-premise sign.

• A sign permit is often required for banner signs but many communities do not require a permit for smaller banner signs.

• If the banner sign is attached to a building, it should not be displayed above the roof line. Try to avoid limiting banner signs to certain locations on a building façade (e.g., minimum height or setback from edges) because this potentially prohibits logical locations, such as hanging banners from balconies or fencing around enclosed areas.

• Be clear as to where banner signs may be placed Figure 24: An example of a banner sign (e.g., on a structure, in landscaping, in a buffer attached to a model home. yard, etc.).

• Banner signs can easily be attached to buildings, fences, structures, or mounted on stakes in the ground to be freestanding. In the latter case, communities may regulate a banner sign as a permitted freestanding temporary sign as discussed in later sections of this guide.

• Allow individual tenants to use a banner sign, rather than limiting the number of banner signs per property, especially if the banner signs are mounted to a structure. Otherwise, this creates difficulties for multi-tenant buildings.

Figure 25: This banner is used as an interim sign and is designed to full cover the existing permanent sign.

• If a banner sign is permitted as an interim-sign option, • For an interim-sign option, allow a banner sign when a allow a banner that can be as large as the allowance business is new, or there is a change in occupancy, and for permanent wall signage, or the same size as existing the permanent sign has not been installed. The banner signage, for the building or tenant space. This will allow sign should be allowed for at least 60 days or until the the owner to cover permanent signage for a previous permanent signage is installed, whichever is less. tenant and/or use signage of a similar size as the permanent sign that will replace the banner. • Banner signs are often a type of temporary sign that might be allowed year-round. It is also a type that • Temporary banner signs are typically limited to a communities allow as additional signage but limited to maximum area of 32 square feet. If ground mounted, a a certain number of days and occurrences per calendar banner sign should not be mounted so as to be more than year. For the latter, banner signs are typically allowed for four to six feet tall. a maximum of 14 to 30 days per occurrence, up to four times per calendar year. With shorter time periods (e.g., • Some communities allow larger banners, equal to the 14 days), consider allowing at least two consecutive total amount of permanent wall signage allowed for the occurrences to accommodate longer-term needs. same business, to keep the regulations simple. A height requirement is usually established for ground- mounted banners, but not for structure-mounted banners. This approach is most beneficial if your community has numerous large-scale developments with long setbacks.

Figure 27: A banner sign is Figure 26: An example of a temporary, sometimes used in association with ground-mounted banner. temporary uses that can exceed typical temporary-sign time limits.

BEST PRACTICES IN REGULATING TEMPORARY SIGNS 30 BEST PRACTICES FOR INDIVIDUAL TYPES OF TEMPORARY SIGNS SIGNS

Blade signs are a relatively new type of temporary sign. Available in numerous shapes, they are often named accordingly (e.g., feather sign, teardrop flag, rectangle flag, etc.).

General Provisions

• Blade signs are commonly restricted to on-premise signs.

• A sign permit is typically required for blade signs.

• Allow all shapes of blade signs, with a focus on the size standards discussed below.

• Most communities require these signs be set back from rights-of-way, lot lines, and overhead utilities, but there are a number of communities that allow these signs in tree lawns and rights-of-way. In all cases, the signs should be set back from intersections to protect clear visibility. A typical setback equals the height of the sign.

• The signs should be securely anchored into the ground or secured in a portable base designed for such function.

• Allow one sign per 50 feet of street frontage with a maximum of three or four signs per each frontage. This will allow for the reasonable use of such signs while preventing situations such as shown in Figure 28.

Figure 28: A typical, ground-mounted blade sign.

Size Timing

• Because of the variety of available shapes, blade • There are two common approaches to allowing signs are best regulated by a maximum height and width. blade signs. Some communities treat them like sidewalk The height should be measured from grade signs, where one sign is allowed only and include the full length of the supporting pole. during business hours. Other communities treat This approach allows design flexibility and lessens blade signs like banner signs. In these cases, the signs are the need to calculate sign area based on the actual only allowed on a limited basis that is typically for 14 to sign shape. 30 days per occurrence, up to four times per calendar year. With shorter time • Allowing a sign up to 3.5 feet in width (at the widest periods (e.g., 14 days), consider allowing at least point) and up to 18 feet in height will accommodate most two consecutive occurrences to accommodate longer-term medium to large-size blade/feather signs. needs.

BEST PRACTICES IN REGULATING TEMPORARY SIGNS 32 BEST PRACTICES FOR INDIVIDUAL TYPES OF TEMPORARY SIGNS SIGNS

Freestanding signs or yard signs are the one type of temporary sign that is almost universally permitted in some form. These signs are used for all most every purpose including commercial and noncommercial speech. The following best practices apply to traditional yard signs, but not signs found on sidewalks, either public or private, which are discussed later in this section.

• Almost every community establishes some setbacks from the right-of-way for freestanding/yard temporary signs, but the setbacks vary tremendously depending on street capacity, street width, and other variables. The majority of required setbacks for these signs range from 5 to 25 feet. These signs also are typically prohibited in close proximity to intersections to maintain safe visibility. Keep in mind that the setbacks should be designed in context with the character of the neighborhood or zoning district, with shorter setbacks appropriate in higher-density neighborhoods.

• In nonresidential districts, many communities allow smaller, residential-scale temporary signs (e.g., maximum of eight square feet and 4 to 6 feet in height) in addition to the larger temporary signs, with a maximum of one additional small sign per business or tenant. This accommodates temporary signage for multi-tenant buildings, especially if your community restricts the number of large temporary signs per property.

• Typically, communities do not require a permit for a temporary sign that is less than 6 to 8 square feet in area, provided the sign complies with any stated requirements (e.g., setbacks, height, etc.).

Figure 30: Signs on larger properties need to be taller and have a larger sign area to allow for clear visibility and legibility.

© Sign Research Foundation (SRF) 33 • The maximum sign area (per face) and maximum height also vary by the intensity of the use and, often street frontage or, in a few communities, based on the street design.

In single-family residential districts, the maximum sign area is typically 8 square feet with a maximum height of 4 to 6 feet. Many communities limit temporary yard signs (commercial speech) to one or two signs per yard at any one time. This allows the occupant (or owner) to display signs containing such commonly-used messages as “for sale,”, “garage sale,” etc., or a message about a community event.

For all other zoning districts, one temporary commercial yard sign is allowed under the following size and height requirements:

For lots with less than 100 feet of frontage, the maximum sign area is typically between 16 and 20 square feet with a maximum height of 6 feet.

For lots with more than 100 feet of frontage, the maximum sign area is typically between 30 and 36 square feet and a maximum height of 8 feet.

For lots with more than 500 feet of frontage or with frontage along an interstate or limited-access highway, the maximum sign area is typically between 64 and 72 square feet with a maximum height of 10 feet. Some communities offer the option of utilizing two signs on this frontage, with a total allowance of 64 to 72 square feet.

BEST PRACTICES IN REGULATING TEMPORARY SIGNS 34 BEST PRACTICES FOR INDIVIDUAL TYPES OF TEMPORARY SIGNS Timing

Prior to the Reed case, many communities specified time limits based on specific, on-premise activities (e.g., special event, property for sale, project under constructions, etc.). The decision in the Reed case has made it difficult to make such exceptions and remain content-neutral. For communities that establish provisions for year-round, temporary signage, freestanding/yard signs are often a type of temporary sign that might be allowed year-round. It is also a type that communities allow as additional signage but limited to a certain number of days and occurrences per calendar year. For the freestanding/ yard signs, signs are typically allowed for a maximum of 14 to 30 days per occurrence, up to four times per calendar year. With shorter time periods (e.g., 14 days), consider allowing at least two consecutive occurrences to accommodate longer-term needs.

Figure 31: The time limit typically applies to the sign structure rather than the message because sometimes temporary signs also have temporary messages.

Figure 32: Longer time limits should be allowed for signs associated with temporary uses, such as farm markets, that may operate for months.

More and more communities treat any signage related to a • Keep in mind that not all free-speech signs are related campaign or election, or that contains noncommercial speech, to an election, so there has to be protection of freedom with kid gloves, and generally maintain very limited regulations. of speech and expression year round (e.g., dealing with The next section contains a discussion about the legal issues temporary signs that express opinions beyond the election related to such signage, but the following are some best issues or candidates). Many communities have basic practices for communities that continue to regulate these types standards for any temporary sign that does not contain a of signs. commercial message, which regulate setbacks and heights for visibility and other safety concerns, but are otherwise • Most communities do not specify what types of temporary hands-off on the number and size of the sign. signs may be used, but where it is specified, the most common types allowed are freestanding/yard signs and • Commonly allowed sign areas are usually a maximum banners. of 6 to 8 feet for residential properties and a maximum of 32 square feet for nonresidential properties. Several • Consult with your local legal counsel on applicable state states have rules that exempt such signage and and case law to your jurisdiction. Your community may requirements from zoning and, as such, maximum sign- also want to consider the use of a substitution clause. area requirements will not apply. Such clauses state that wherever a sign (with commercial speech) is allowed, the message on such sign may be replaced, or substituted, with a noncommercial message.

• Many states have rules and regulations that apply to what is commonly referred to as election signs. In some cases, those signs might be allowed in the right-of-way, regardless of local rules, or in other cases, may only be allowed for a certain number of days before and after the election. Where the state does have special rules, your local community should avoid duplicating those standards in their own ordinances, especially if they are content based, and leave any of the sign administration and enforcement to the state.

Figure 33: This sign has a message that expresses an opinion unrelated to an election and is a form of protected speech.

BEST PRACTICES IN REGULATING TEMPORARY SIGNS 36 BEST PRACTICES FOR INDIVIDUAL TYPES OF TEMPORARY SIGNS OR BANNERS

Signs on light poles or other support poles are often treated as temporary signs, even though the pole is permanent and might include permanent posts or structural elements that hold a temporary banner or sign. Regardless, this type of signage is commonly used, but not necessarily addressed in most sign regulations. The following best practices are for such signs, regardless of whether your jurisdiction treats them as permanent or temporary signs.

• Require a sign permit for the initial installation of • If the permanent structure is designed to the permanent structure, but allow message changes accommodate a temporary sign or message, without an additional permit. allow for the temporary message to be posted year round without limitations on how often the message • Prohibit the attachment of any other temporary signs is changed. to the structure. • Prohibit the use of electronic message centers, • Allow for a maximum of two temporary banners on changeable-copy signs, and internal lighting. each pole.

• Communities often allow anywhere from 12 to 16 square feet of sign area for each pole. If there are two separate messages, that area would be split in two. Some communities also limit the total amount of temporary signs or messages allowed on such structures to prevent signs on all light or support poles.

• Prohibit the posting of any temporary sign or message above the height of the structure.

Figure 34: Permanent light pole with temporary sign components.

People signs, an increasingly popular form of signage, may also be referred to as human signs, sign spinners, or mascot signs. Communities are struggling to establish the best way to regulate people signs because some are concerned about encroaching on First Amendment rights, while others still feel it is signage. Even more legal issues arise when the person is dressed in costume and may or may not be holding a sign. These are all part of the legal discussion that needs to take place when considering regulations for these types of signs.

• As with all political/noncommercial speech issues, • Prohibit the use of animations or any type of lighting, it is best to work with legal counsel when considering as well as the use of bullhorns or amplified sounds. regulations. • Prohibit the use of mannequins to display a sign. • Where people signs are allowed, most of the communities maintain minimal regulations including:

• • Prohibiting the person from obstructing sidewalks or standing in the right-of-way; People signs are likely to be something that will be • • Requiring that the signage be related to a challenged in court more often in the near future business or activity that is on the same premises as because there has not been any clear determination where the person is located; and about whether or not they are a sign. There are already a number of court decisions across the U.S. that have • • Where there is a sign-area calculation, the sign involved what is defined in this report as a people sign, area is typically measured by the actual message with varied results. or sign the person is holding (e.g., would not apply to someone that is dressed in costume). Most communities allow for a maximum sign area equal to a small banner or freestanding sign.

• Some communities require a permit while others do not, as long as they meet all the established requirements.

• Numerous communities are establishing a maximum number of one person sign per property.

• Communities typically limit the timing for person signs to the same timing allowed for temporary banners or large freestanding signs. As listed in previous discussions, this time limit is usually a maximum of 14 to 30 days per occurrence, up to four times per calendar year, with the ability to use Figure 35: People signs, or sign spinners, are becoming a more prevalent form of at least two of the occurrences consecutively. temporary signage.

BEST PRACTICES IN REGULATING TEMPORARY SIGNS 38 BEST PRACTICES FOR INDIVIDUAL TYPES OF TEMPORARY SIGNS SIGNS

Portable message centers are temporary sign structures that historically have had manual changeable copy. Modern versions of this sign now contain electronic message centers, which are essentially the same as permanent electronic message centers, but are attached to a trailer or vehicle.

• These signs traditionally require a sign permit. with transition times being less than one second, and nighttime brightness levels at 0.3 footcandles above ambient • Some communities require a portable message lighting. center sign to be an on-premise sign, but, at the same time, they are often used in advertising for off-premise • The sign may be attached to a trailer chassis or other events and activities. As such, it is important to be vehicle or may simply be portable, as shown in Figure 36. cautious with prohibiting off-premise signs if it would In all cases, the sign must be anchored securely to the be acceptable to use a portable signage for community ground. events, etc. • A maximum sign area of 32 square feet will • These signs traditionally have some type of accommodate a typical portable message center sign with changeable copy, whether manual or electronic. Electronic changeable copy. Some communities are allowing as much versions are often used by businesses to test out a digital as 48 square feet if there is a digital signage component. sign before installing a permanent electronic message The maximum height should be six feet. center. They are also commonly used for festivals, fairs, concerts, sporting events, and other large events. • Only one sign is usually allowed on an individual property at any one time, typically for a maximum of oft 14 to 30 • Any electronic message center should comply with days, one time per calendar year. your local regulations related to electronic messages, including message hold times, transition times, and brightness. The most common message hold time is 8 seconds (with many communities below that time),

Image Credit: Daktronics. Figure 37: Various examples of digital, Figure 36: Examples of portable portable message centers that are message centers. mounted on a chassis in a truck bed.

Laser light or projected-image signs are another new sign type that is increasingly used in advertising. These signs use technology to project an image, logo, or other graphic on buildings, structures, sidewalks, or other surfaces. The image itself has no physical structure but it still can be considered a sign.

• A sign permit is typically required for projected- • Require compliance with applicable building codes image signs with the exception of any holiday or similar as the signs will have an electrical component. decorations. • It is possible to project multiple images that can • Setbacks are not necessary for this type of sign change in a manner similar to an electronic message because the sign requires the existence of another center. As such, the sign should comply with your local structure where the image will be projected. Any setbacks regulations related to electronic messages, including should be applied to the structure where the sign will be message hold times, transition times, and brightness. The visible. It may be necessary to establish a setback for most common message hold time the projector system if located near a right-of-way (e.g., is 8 seconds, with transition times being less than prohibition in any visibility triangles near intersections). one second.

http://commons.wikimedia.org/wiki/File:Sig- nage-Walker-Minneapolis-20050410a.jpg

Image Credit: This image was originally posted to Flickr by Eric Ishii Eckhardt at Figure 38: Projected signage at the Walker http://flickr.com/photos/48986833@N00/68900990 Art Center in Minneapolis, MN. (licensed under the terms of the cc-by-2.0).

BEST PRACTICES IN REGULATING TEMPORARY SIGNS 40 BEST PRACTICES FOR INDIVIDUAL TYPES OF TEMPORARY SIGNS • Prohibit the projection of images onto any buildings • If the projector is to be mounted in a manner that that contain a residential use or otherwise project light will project an image on the sidewalk or ground, require into dwelling spaces. that the projector be securely mounted to a structure and that it comply with any applicable building or safety • The maximum sign area should be calculated based ordinances. The projector should also be mounted with at on the projected-image size. Consider allowing a least eight feet of clearance between the ground and the projected-image sign to be the same size as allowed for projector so pedestrians may walk under the projector. temporary banner signs or permanent wall signs in the applicable district. • This type of sign is becoming increasingly popular for use as temporary advertising and is often used by • Require that the projector be located in a manner bars, restaurants, and entertainment venues on weekends. where it will not obstruct pedestrian movement. As such, it is important to consider enforcement Some communities require that the projector be screened capabilities when allowing such signs. from view either by locating it against another structure or within a landscaping area. In these cases, the image may be visible, but the source of the image is not.

Figure 39: Projected-image signage in the façade of a building.

Sidewalk signs take multiple forms, including sandwich or A-frame signs, or even a freestanding sign that is secured to some form of portable base (sometimes referred to as a T-frame sign). For a long time, these types of signs were prohibited due to a commonly found prohibition of all signs in the right-of-way, but a growing number of communities now allow them in both public rights-of-way or on private sidewalks (i.e., walkways along buildings). The following are best practices relevant to any form of sidewalk sign.

• Allow for both A-frame and T-frame signs. Both cover roughly the same ground space, and the T-frame can be more stable, depending on the construction.

• While sidewalk signs are typically regulated as temporary signs, they are usually seen as a component of the permanent sign package because they are typically allowed to be displayed during business hours, 365 days a year. The best approach is to require the signs be stored when the business is closed, and avoid any limitations on the number of days the sign is allowed per year.

• Allow for sidewalk signs in any right-of-way provided that the sign is placed on the sidewalk pavement and that there remains sufficient clearance, of at least four feet, to

allow for clear passage of pedestrians. Keep in mind that Figure 40: An A-frame or you might have to clarify your right-of-way rules for the sandwich board sign. allowance of sidewalk signs.

• Allow one sign per business or tenant. Requiring the sign to be situated directly outside the individual business space, or within 5 to 10 feet of the entrance, will prevent the stacking of signs, such as those illustrated in Figure 41.

• Prohibit sidewalks signs from being located in any landscaping or streetscape areas.

• Be clear on whether illumination is allowed. Most communities prohibit any external or internal illumination, which should not be an issue if the sign is to be removed when the business is closed.

Figure 41: A T-frame sign.

BEST PRACTICES IN REGULATING TEMPORARY SIGNS 42 BEST PRACTICES FOR INDIVIDUAL TYPES OF TEMPORARY SIGNS • Many of these sign types are utilized in historic or other special districts that require some level of board or special administrative review (e.g., certificate of appropriateness), but for other areas, many communities allow these types of signs in certain areas without a permit, provided they comply with all the standards.

• The most prevalent size regulation for a sidewalk sign is a maximum of 6 square feet per sign face (two feet wide by three feet high) regardless of the type of sidewalk sign. Some communities allow as much as 8 or 12 square feet, provided the sign does not exceed three feet in width.

• For safety reasons, sidewalks signs should be located so as to not obstruct pedestrian movement and maintain a minimum width of four feet of clearance (standard width of a residential sidewalk). Some communities require more clearance, depending on local and state rules. Figure 42: The stacking of multiple sidewalk signs can be avoided without taking away the benefit of additional signage. • Sidewalk signs should also not obstruct pedestrian or handicap accessibility to buildings, emergency exits, transit stops, or parking spaces.

Figure 43: Improper placement of a sidewalk Figure 44: Proper placement of a sign. sidewalk sign.

Vehicle wraps have made it easier for businesses to advertise with company cars and vehicles. This has spawned new questions and enforcement issues as it relates to vehicle signs. While not always treated as temporary signs, communities are starting to address them in sign regulations, where the focus of standards is on the parking or location of the subject rather than the size of the sign.

• Avoid requiring a permit for this type of sign. It only • Consider exempting the following types of vehicles creates problems with administration in situations where a with signs to address a number of situations where vehicle business expands its fleets, changes signs, or switches out signage is appropriate: vehicles. • • Legal, mobile food trucks or mobile businesses • Avoid establishing different standards for vehicles that that do not have a brick and mortar store or office; have different amounts of sign area on the car. Again, this increases the number of administrative and enforcement • • Vehicles associated with a contractor or service problems. For example, avoid requiring that vehicles with provider where, during non-business hours, the “x” amount of signage, park in designated areas or be set vehicle is either parked in an industrial zoning district back from certain roads. or in designated parking areas of the main store or office;

• • Signs on vehicles that are for sale or lease and are parked legally in a parking space;

• • Signs on vehicles that are regularly used for businesses (e.g., delivery vehicles) unless used in a manner otherwise prohibited in the vehicle-sign regulations;

• • Signs that are actively used for business and/or personal transportation; or

• • Any signage on a vehicle that is required by state or federal law.

BEST PRACTICES IN REGULATING TEMPORARY SIGNS 44 BEST PRACTICES FOR INDIVIDUAL TYPES OF TEMPORARY SIGNS • Prohibit the parking of vehicles with signs under the following situations where the vehicles are being used for the sole purpose of creating additional signage for the business:

• • The vehicle is not mobile (See Figure 46) and remains on site for more than one day.

• • The vehicle is parked on a vacant property (land or structure) for more than six hours.

• • The vehicle is parked for more than eight hours Image Credit: 3M. on the property so as to be visible in a similar manner (e.g., location, setback, etc.) as any permanent sign and is not regularly used for business activities.

• Keep in mind that if the subject vehicle is parked or stored illegally to begin with, regardless of the presence of a sign, the enforcement should be about the vehicle and Figure 45: Example of a sign wrap not the sign. on a delivery truck used regularly during the operation of a business.

Figure 46: An empty semi-trailer Figure 47: An example of a vehicle sign used is being used as signage for a construction- primarily as a stationary identification or debris dump. The vehicle is being illegally advertisement sign. uses as a buffer.

Window signs can be considered permanent or temporary, depending on application. For example, many restaurants use temporary peel-and-stick signs in their windows to advertise new products or sales. These signs are easy to remove and replace, whereas a permanent window sign is typically painted directly on the window or is a sign that is permanently mounted to be visible through the window. Reasonable regulations of these signs include

• Prohibit window signs on residential windows. • While some communities place a maximum square footage on window signs, a better practice is to allow • Most communities do not require a permit for any a range of 50% to 75% of any single window area to be type of window signage, provided it complies with any covered by signage. This will allow for reasonable visibility established requirements. Exceptions include window into the building, something often desired and/or required signs in historic districts or a district with special design by police and fire departments. At the same time, it requirements. provides some flexibility in advertising for businesses by using window space to promote goods and sales. • When establishing regulations for window signs, discuss whether the concern is about the amount of • Limiting the number of signs within each window the window that is covered, the number of signs visible, space to as many as two or three signs may prevent the or if the message is permanent or temporary. Some placement of numerous signs as illustrated in Figure 48. communities distinguish between permanent and This may be a necessary requirement if your community temporary window signs, but if the overall concern is the allows a higher percentage of window coverage. total coverage, such distinctions are irrelevant. • For historic or special districts, it is common to restrict window signs to permanent to maintain the character • If your local police or fire departments are concerned of the area. If temporary window signs are allowed, the about visibility in the event of an emergency, you can percentage of window coverage is typically reduced to require temporary window signs to be mounted on between 20% and 25% the outside of the window with tabs or similar methods for quick removal. This typically only applies in areas where 100% window coverage is possible (e.g., restaurants).

BEST PRACTICES IN REGULATING TEMPORARY SIGNS 46 BEST PRACTICES FOR INDIVIDUAL TYPES OF TEMPORARY SIGNS Figure 48: This is an example of temporary window signs that cover less than 50% of the windows.

Figure 49: This is an example of temporary window signage that most communities want to prohibit.

This document is not designed to provide legal opinions on

temporary signs, primarily because of the wide variety of court

cases and state laws that have different impacts on each

community’s ability to regulate temporary signs. For example, an

Arizona statute requires jurisdictions to allow political signs in

rights-of-way during certain time periods around elections, while

in Ohio, there are different legal opinions regarding a community’s

authority to regulate signage for aesthetic purposes. This section

simply highlights some key legal issues that a community needs

to consider, identifies potential red flags for further review, and

directs you to additional resources for further reading. In all

instances, you should work closely with your community’s legal

counsel to ensure compliance with all local, state, and federal

laws. Content-Neutrality.

Content-neutrality impacts regulation of all signs, not just temporary signs, and quite often it becomes a question of interpretation. Just over 55% of the survey participants believe they have content-neutral regulations. Among those who said “no,” some did recognize they regulate real-estate and political signs differently than other types of temporary signs. Like many legal issues, it is not as straight forward as one would think, and much of the question is related to interpretation of case law that applies to individual jurisdictions.

The U.S. Supreme Court, in its 2015 ruling in Reed v. Town of Gilbert, Arizona, made it clear that for a sign regulation to be considered content-neutral, you should not have to read the sign to determine what type of sign it is, or how to regulate the sign. Because of Reed, real-estate, political and construction signs, etc. are now considered content-based signs because you define them by their content. Content-neutral sign regulations define signs based on their size, height, structure, placement, material, shape, or other characteristics, not content. This document focuses on the content-neutral, sign type definitions, such as banner signs, blade signs, sidewalk signs, etc. While it is true that before Reed a few court cases allowed the regulation of a limited number of content-based signs, such as real estate or political signs, but those decisions have now been effectively overturned by the Reed decision and should no longer be considered good law. The best approach for any jurisdiction, in light of the Reed decision, is to eliminate all content-based language from your sign regulations, with the only exceptions being signs that must be defined by content in order to achieve a compelling governmental interest.

Figure 50: This sign would be classified as a real estate or construction sign in content-based regulations. A content- neutral approach would be to classify it as a temporary yard sign.

The Reed decision has left uncertain the legality of regulations As mentioned in the introduction, there is still a that consider the content of signs to determine if the sign is question of whether communities have the ability an on-premise sign or an off-premise sign. This has always to regulate signs based on whether they contain been important for permanent signage because of a general commercial or noncommercial speech. Regardless of concern about allowing billboard signs, which are traditionally this question, communities should always consider off-premise signs. With temporary signs, this distinction may be including a substitution clause in their sign regulations less important, as discussed earlier, and may only be applicable that would allow for a sign owner to replace any when addressing larger temporary signs, such as balloon signs. commercial message on a sign, with a noncommercial message.

Figure 51: These two temporary signs advertise a local community event (sign on left) and a public service announcement (sign on right) unrelated to the property and would typically be considered off- premise signs.

BEST PRACTICES IN REGULATING TEMPORARY SIGNS 50 LEGAL RESOURCES FOR TEMPORARY SIGNS ADDITIONAL

The following is a list of additional reading and resources that provide discussions about legal issues related to signage, as well as other best practices for regulating signage as outlined in this guide.

Context-Sensitive Signage Design The Signage Sourcebook: (Chapter 6 – Legal Issues in the A Signage Handbook Regulation of On-Premise Signs) U.S. Small Business Administration. The Signage Sourcebook: A Marya Morris, Mark L. Hinshaw, Douglas Mace, and Alan Signage Handbook. (U.S. Small Business Administration, 2003) Weinstein. Context Sensitive Signage Design. (American Planning Association, 2001) Not available online but available for purchase at various outlets. https://www.planning.org/research/signs/pdf/chapter6.pdf

Street Graphics and the Law An Evidence Based Model Sign Code Daniel R. Mandelker, John M. Baker, and Richard Crawford. Dawn Jourdan, Esq., Ph.D., H. Gene Hawkins, Jr. Ph.D., P.E., Street Graphics and the Law. (APA Planning Advisory Service, Robin Abrams, Ph.D., and Kimberly Winson-Geideman, Ph.D. An 2015) Evidence Based Model Sign Code. (Urban Design Associates, 2009) Not available online but available for purchase at www. planning.org and other outlets. http://www.dcp.ufl.edu/files/8c71fa03-9cbf-4af2-9.pdf

United States Sign Council A Framework for On-Premise Sign Code On-Premise Sign Regulations Andres D. Bertucci and Richard B. Crawford, Esq. United States Alan Weinstein and David Hartt. A Framework for On-Premise Sign Council Model On-Premise Sign Regulations. (Sign Research Foundation, 2009) Sign Code. (United States Sign Council, 2011) http://www.signresearch.org/wp-content/uploads/A- http://www.usscfoundation.org/USSCModelOn- Framework-for-On-Premise-Sign-Regulation.pdf PremiseSignCode.pdf

In addition to the above documents, the International Sign Association has produced a series of videos on issues related to sign area, sign height calculations, and sign visibility. These videos can be found online at http://www.signs.org/Resources/ISAVideos.aspx.

An important part of any sign regulations is a solid set of definitions for the various sign types and terms used in the regulations. This is especially true when the regulations prohibit all types of signs unless specifically listed and/or defined. In those instances, the definitions are the primary method of determining what types of signs are allowed or prohibited. The following is a glossary of terms commonly used in the regulation of temporary signs.

Advertising Mural Blade Sign (a.k.a., Feather Sign, A large-scale temporary or permanent sign that covers all Teardrop Sign, and Flag Sign) or a major portion of a multi-story blank or unfinished wall, A temporary sign that is constructed of cloth, canvas, plastic building, or structure. fabric or similar lightweight, non-rigid material and that is supported by a single vertical pole mounted into A-Frame Sign (a.k.a., Sandwich Board the ground or on a portable structure. Sign or Sidewalk Sign) A freestanding sign which is ordinarily in the shape of an “A” Commercial Message or some variation thereof, which is readily moveable, and is Any sign wording, logo or other representation that, directly not permanently attached to the ground or any structure. See or indirectly, names, advertises or calls also the definition of T-frame signs. attention to a business, product, service or other commercial activity. Air-Activated Graphic A sign, all or any part of, which is designed to be moved Freestanding/Yard Sign by action of forced air so as to make the sign appear to be Any permanent or temporary sign placed on the ground or animated or otherwise have motion. attached to a supporting structure, posts, or poles, that is not attached to any building. Balloon Sign (a.k.a., Inflatable Device) A sign that is an air inflated object, which may be of various Light Pole Banner shapes, made of flexible fabric, resting on the ground or a (a.k.a., Support Pole Banner) structure, and equipped with a portable blower motor that A temporary banner or sign that is designed to be attached to provides a constant flow of air into the device. Balloon signs a permanent light pole or other pole structure, and where the are restrained, attached or held in place by a cord, rope, temporary sign element can be changed without modifying cable, or similar method. See also the definition for air- the permanent structure. activated graphics. Noncommercial Message Banner Sign Any sign wording, logo, or other representation that is A temporary sign composed of cloth, canvas, plastic, fabric or not defined as a commercial message. similar lightweight, non-rigid material that can be mounted to a structure with cord, rope, cable, or a similar method or that On-Premise Sign may be supported by stakes in the ground. A sign that advertises or otherwise directs attention to a product sold, service provided, or activity that occurs on the same parcel where the sign is located.

BEST PRACTICES IN REGULATING TEMPORARY SIGNS 52 GLOSSARY Off-Premise Sign Sign A sign that advertises or otherwise directs attention to a Any object, device, display or structure or part thereof situated product sold, service provided, or an activity that occurs on a outdoors or adjacent to the interior of a window or doorway, different parcel than where the sign is located. which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, Pennant business, product, service, event or location by any means A triangular or irregular piece of fabric or other material, including words, letters, pictures, logos, figures, designs, whether or not containing a message of any kind, commonly symbols, fixtures, colors, illumination or projected images. attached in strings or strands, or supported on small poles intended to flap in the wind. Snipe Sign A temporary sign illegally tacked, nailed, posted, pasted, glued, People Sign (a.k.a., Human Mascot, or otherwise attached to trees, poles, stakes, fences, or other Sign Spinner, and Human Sign) objects. A person attired or decorated with commercial insignia, images, costumes, masks, or other symbols that display Temporary Sign commercial messages with the purpose of drawing attention to Portable signs or any sign not permanently embedded in or advertising for an on-premise activity. Such person may or the ground, or not permanently affixed to a building or sign may not be holding a sign. structure, which is permanently embedded in the ground, are considered temporary signs. Portable Message Center Sign A sign not permanently affixed to the ground, building, or other T-Frame Sign structure, which may be moved from place to place, including, A freestanding sign which is ordinarily in the shape of but not limited to, signs designed to be transported by means an upside down “T” or some variation thereof, which is of wheels. Such signs may include changeable copy. readily moveable, and is not permanently attached to the ground or any structure. See also the definition for Projected-Image Sign A-frame signs. A sign which involves an image projected on the face of a wall, structure, sidewalk, or other surface, from a distant Vehicle Sign electronic device, such that the image does not originate from Any sign permanently or temporarily attached to or the plane of the wall, structure, sidewalk, placed on a vehicle or trailer in any manner so that the sign is or other surface. used primarily as a stationary identification or advertisement sign.

Window Sign Any sign viewable through and/or affixed in any manner to a window or exterior glass door such that it is intended to be viewable from the exterior including, but not limited to, window paintings and signs located inside a building but visible primarily from the outside of the building.

Sincere thanks goes to the Sign Research Foundation and the review team assembled to provide feedback on the development of this guide.

Chris Auffrey School of Planning, University of Cincinnati

Eric Esch Alliance Franchise Brands

Patty Herbin Sign ResearchFoundation

David Hickey International Sign Association

Mike Kesti The 3M Company Chairman of the Signage Foundation, Inc.

Jason Myers FASTSIGNS International

Kenneth Peskin International Sign Association

David Williamson The Law Office of David L. Williamson

Graphic Designer

Thiago Eichner Creative Designer

BEST PRACTICES IN REGULATING TEMPORARY SIGNS 54 ACKNOWLEGMENTS Post-Reed Legal Commentary and Review Provided by:

Professor Alan C. Weinstein, Director Master of Legal Studies Program and Law & Public Policy Program Cleveland-Marshall College of Law and Maxine Goodman Levin College of Urban Affairs Cleveland State University

About the Author

Wendy E. Moeller, AICP, is a principal and owner of Compass Point Planning, a planning and development firm based in Cincinnati, Ohio. She has worked in the planning field since graduating from the University of Cincinnati with a Bachelor of Urban Planning in 1996. Ms. Moeller is a certified planner with the American Institute of Certified Planners (AICP) and has a certificate of completion in form-based codes from the Form Based Codes Institute (FBCI).

Ms. Moeller has served as a project manager and planner for numerous planning, regulatory, and development projects throughout her career, including her primary work on comprehensive plans and land-use regulations. She is a past president of the Ohio Chapter of the American Planning Association and is a Board Member of the Sign Research Foundation.

All images provided by Wendy Moeller unless otherwise noted.

www.signresearch.org

Dawn Jourdan, Esq., Ph.D. University of Florida

H. Gene Hawkins, Jr., Ph.D., P.E. Hawkins Engineering

Robin Abrams, Ph.D. Texas A & M University

Kimberly Winson-Geideman, Ph.D. University of North Texas

URBAN DESIGN ASSOCIATES Model Sign Code Executive Summary

he on-premise commercial sign1 is one of the primary T means by which a business conveys its message of commerce. These signs identify businesses by name, address, and product sold. In some cases, these signs can be used to put forth non-commercial messages that inform the community. It is to the benefit of businesses that these signs be well- designed and erected in contexts that do not diminish the messages they seek to communicate.

This objective may be accomplished through municipal regulation. Unlike most modern sign codes which attempt to regulate on-premises signs on the basis of police powers, Urban Design Associates has drafted this municipal sign code which is based on the best available transportation planning and engineering research. This evidence-based approach to regulation seeks to ensure that signs, as commercial speech, are afforded some guaranteed constitutional protections.

This report begins with a discussion of the legal issues fundamental to the regulation of on-premise commercial signs. Next, the report describes the technical research related to issues of the legibility of on-premise signs. The third section of this report features an evidence-based model sign code, crafted to reflect the identified legal and technical issues. Multi-tenant sign

1 This model sign code deals only with on-premise signs, not those signs that are off-premise, otherwise known as billboards.

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 2 Fundamental Legal Issues in the Regulation of On-Premise Signs Legal Report

Prepared by Dawn Jourdan, esq, Ph.D. University of Florida

In Cooperation with Urban Design Associates College Station, Texas

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 3 Fundamental Legal Issues In the Regulation Of On-Premise Signs

An Introduction on the basis of improving community aesthetics. According to the court: The visual environment is a highly contested space. In particular, local governments and business owners often Aesthetic considerations are a matter of luxury and find themselves in conflict with respect to the regulation of indulgence rather than of necessity, and it is necessity on-premise commercial signs. Municipalities have widely alone which justifies the expertise of the police power to begun to impose some level of regulation on this form of take private property without compensation. Id at 268. communication on grounds that certain types of signs At the time, the police powers of local governments in all interfere with public values relating to both aesthetics and realms of city planning were interpreted narrowly. traffic safety. These regulations sometimes fail to recognize the true value of signs to the businesses they advertise, as well as Zoning powers were expanded by the Supreme Court’s 1926 to the economic vitality of communities as a whole. More decision in Village of Euclid v. Ambler Realty Co., 272 U.S. 356, importantly, many of these sign codes fail to meet constitu- which permitted cities to engage in the regulation of tional muster because they do not embrace the First those zoning activities which were to the benefit of the Amendment protections to which on-premise commercial public’s general health, safety, and welfare so long as there signs are entitled. This report seeks to review the legal was a rational basis for such regulations. Pursuant to the underpinnings critical to the regulation of signage in an rational basis standard of judicial scrutiny, a municipal effort to develop a model sign code which is performance- regulation will be upheld as long as it is not arbitrary or based and which (1) embraces the value of signs in support capricious. This standard places an almost insurmountable of the local business economy; (2) recognizes that signs are burden of proof on the complainant to prove that there is speech with inherent First Amendment protection; and (3) no rational basis to support the government’s regulation. backs all efforts to regulate this type of speech with scientific Rational basis continues to be the standard of scrutiny evidence justifying the need for such provisions. applied to most zoning and land use regulations.

In 1954, the high court extended the reach of these objectives Local Government Efforts to to issues of aesthetics. In Berman v. Parker, 348 U.S. 26, the Regulate Signage Court stated, in dicta: The concept of public welfare is broad and inclusive. Local governments have attempted to regulate signage for The values it represents are spiritual as well as physical, more than a century. Early efforts by municipalities to aesthetic as well as monetary. It is within the power of regulate signage were struck down by state courts. In City of the legislature to determine that the community should Passaic v. Patterson Bill Posting, Adv. & Sign Painting, 62 A. 267 be beautiful as well as healthy, spacious as well as clean, (N.J. Err. & App. 1905), a New Jersey court invalidated an well balanced as well as carefully patrolled (348 U.S. at 33). ordinance which sought to regulate sign height and setbacks

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 4 While many continue to embrace the ruling in Berman as well as informational and educational purposes. According grounds for aesthetics-based regulation, including the to Dr. Claus, Ewald and Mandelker’s model sign code sets regulation of signage, it is important to note that this case forth a series of guidelines which fail to take into account the focused on aesthetic issues associated with urban renewal, not full nature and significance of signage for commercial forms of communication protected by the First Amendment. enterprise. Indeed, the primary purpose of on-premise signs This distinction is at the heart of a public policy divide is to propose commercial transactions to viewers of their which separates the business community from those content, the sign. This is what makes this form of communi- government officials who regulate signage, and will be cation speech, rather than a land use to be regulated. The discussed in detail in the sections which follow. largest shortcoming of Street Graphics is that the work fails to embrace the long line of Supreme Court precedent which The Problem with Street Graphics affords First Amendment protections to the commercial speech embodied in on-premise signs. & the Law While several key stakeholders have sought to notify the The aforementioned distinction has long been unrecognized planning community with respect to the problems inherent in planning practice and scholarship. Rather, the planning in Street Graphics and the sign codes it has inspired, community has historically treated signage as a land use to additional efforts, such as this Model Sign Code, are be regulated by the traditional tools associated with zoning necessary in order to further the momentum of this effort. activities. In Street Graphics (1971), William Ewald and UDA seeks to use the traditional form of the sign code as a Daniel Mandelker proposed a scheme for regulating signage template for creating a performance-based model sign code that has served as the primary resource used by communities that embraces this new way of thinking about signs, i.e. as seeking to impose signage regulation. They proposed a speech and not land use activities. Exploration of federal regulatory scheme that: case law pertaining to the regulation of on-premise signs emanating from U.S. Constitutional law will serve as the [W]ill allow individuals and institutions the freedom to legal basis for the proposed code. express their personalities and purposes—but within the framework of official guidelines that will insure that these expressions are compatible with the areas around Origins: First Amendment Protections them, appropriate to the activities to which they pertain, Afforded to Commercial Speech and clearly readable under the circumstances in which they are seen (Ewald et al., 1971, p. forward). It was not until the relatively recent past that the U.S. Supreme Court recognized the application of First In this work, Ewald and Mandelker suggest: “The primary Amendment protections to commercial speech, including function of on-premise street graphics is to index the envi- on-premise signage. In 1975, the nation’s high court ruled ronment: that is signs should tell people where they can that First Amendment protections attach to commercial find what.” advertisements. Bigelow v. Virginia, 421 U.S. 809 (1975). In a 2004 issue of Signline, however, Dr. James Claus In Bigelow, the Supreme Court invalidated a State law explains how limited this perspective is, suggesting that which sought to prevent a newspaper from publishing an an on-premise sign is equal in value to that of a handshake advertisement informing women where they might find a exchanged between business owner and customer. Dr. Claus clinic willing to perform an abortion. The court rejected the contends that signs serve a number of critical functions State’s primary argument that the regulation was a valid beyond identification, as proposed by Ewald and Mandelker, exercise of its regulatory powers due to the fact that the including: memory building, induction of impulses to stop speech involved was commercial in nature. The high court at a business, enhancement of the shopping experience, as disagreed with this proposition. Citing Ginzburg v. U.S., 383

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 5 U.S. 463 (1966), the court held: that the existence of not checked by the courts, are likely to have a chilling effect “commercial activity, in itself, is no justification for narrowing on protected speech. the protection of expression secured by the First Amendment.” Relying on the broad powers vested in them by State enabling The most important aspect of Bigelow was that the decision legislation, cities are often quick to regulate on-premise signage altered the Court’s previous ruling in Railway Express, the last like other land uses. This decision flies in the face of impor- case that adjudicated speech under a rational basis standard. tant jurisprudence which must be revisited. Due to their Bigelow paved the way for a long line of court precedent that intended purposes, signs, including those displaying commercial recognizes the free speech rights which attach to commercial messages, must be viewed as speech. This does not mean speech. that this form of communication cannot be regulated by A year later, the Court considered a similar issue in Virginia local government. What it does mean, however, is that great Pharmacy Board v. Virginia Consumer Council, 425 U.S. care must be taken by local governments to ensure that sign 748 (1976). There, the VCC challenged a State law which codes do not infringe upon the Constitutional protections deemed it unprofessional conduct for a licensed pharmacist afforded by the First Amendment. to advertise the price of prescription drugs. In this case, the Court recognized a reciprocal right for businesses to advertise Sign Regulation and the Evolution of the and consumers to receive such information. The Court reiterated its previous holdings on the issue, stressing that Central Hudson Test commercial speech was entitled to no less First Amendment In 1980, the Supreme Court rendered an opinion that had a protection merely because of the economic nature of the deep impact on the regulation of commercial signage. In Central communication. The Court went so far as to say that the Hudson Gas & Electric Company v. Public Service Commission, free flow of commercial speech should be considered 447 U.S. 557 (1980), the Court ruled that a New York …an instrument to enlighten public decision making in a statute which prohibited electric companies from advertising democracy.” Id. at 766. In dicta, the Court held that some to promote the use of electricity was unconstitutional. Id. commercial speech regulations may be appropriate provided The Court laid out what is now referred to as the Central that: (1) they are justified without regard to content; (2) Hudson test: serve a significant governmental interest; and (3) leave open ample alternative channels for communication. Id. In commercial speech cases, then, a four-part analysis has developed. At the outset, we must determine whether The following year, the high court struck down a local regu- the expression is protected by the First Amendment. For lation which sought to prohibit the display of “for sale” signs commercial speech to come within that provision, it at in an effort to promote “stable, racially integrated housing” least must concern lawful activity and not be misleading. in Linmark Associates, Inc. v. Willingboro, 431 U.S. 85 (1977). Next, we ask whether the asserted governmental interest The Court’s opinion contained a significant discussion of is substantial. If both inquiries yield positive answers, we evidence, finding that there was insufficient evidence to must determine whether the regulation directly advances show that the restriction could, in fact, accomplish the the governmental interest asserted, and whether it is not intended purpose. Holding fast to precedent, the Court was more extensive than is necessary to serve that interest. quick to rule that this type of communication was guaranteed First Amendment protection. In this case, the Court ruled Id at 566. Based on the fourth prong of the test, the high that the law was invalid because it took away the best court held that regulation was broader than necessary to alternative for communicating the sale of residential real achieve its intended purpose. Id. estate. With respect to the significance of the governmental The following year, the high court had the opportunity to interest involved, the Court agreed with the municipality’s apply the test developed in Central Hudson in another assertion that the objective was important but stated that the matter. The final opinion rendered in Metromedia, however, governmental entity had failed to show the link between the failed to offer a clear application of the test. Metromedia, Inc. ordinance and the stated objective. Id. Such restrictions, if

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 6 v. San Diego, 453 U.S. 490 (1981). Instead, the holding in much variety and diversity of opinions in this area (in the case has been the source of great confusion with respect addition to sign ordinances, courts have reviewed First to the regulation of signage. Interestingly, while the Court Amendment challenges to adult entertainment clubs, had the opportunity to apply the intermediate scrutiny tobacco advertising and the noise volume of music standard of review set forth in Central Hudson, their analysis, concerts), suggesting that constitutional law on this as further detailed in Justice Brennan’s concurring opinion, subject is far from clear. reveals that they opted to apply rational basis analysis in The ruling in Edenfield v. Fane represented the high court’s evaluating the constitutionality of the ordinance. Id. next meaningful application of the Central Hudson test. The controversy centered on a San Diego ordinance which Edenfield v. Fane, 507 U.S. 761 (1992). In Edenfield, the sought to ban off-premise billboards while exempting on- Court was asked to adjudicate the validity of a Florida law premise signs. Five separate opinions were issued by the prohibiting CPAs from engaging in the personal solicitation Court in this case. The Court’s final opinion was limited of new clients. The Court ruled that the personal solicitation to the authority of cities to regulate billboards, a form of was commercial expression, entitled to First Amendment off-premise signs. The Court recognized that other methods protections. The Court held that regulation of such expression of communicating ideas would require “a law unto itself” is appropriate so long as is “tailored in a reasonable manner and that law must reflect the “differing natures, values, to serve a substantial state interest.” Id. at 767. The Court, abuses and dangers” of each method. Id. It is critical that in applying the Central Hudson test to its evaluation of the planning community understand the limited nature of Florida’s law, redirected the burden of proof to the regulator. this opinion. Metromedia represents the law of billboards, Specifically, the Court ruled: “In this analysis, the Govern- little else. ment bears the burden of identifying a substantial interest and justifying the challenged restriction.” Id. at 770. Here, In spite of this limitation, this decision is often heralded as the Court ruled that the State had not met its burden of the basis for an expansion of power which enables munici- proof under Central Hudson. palities to regulate signage on the basis of traffic safety concerns. While that may be the law with respect to the The planning community must recognize that this decision regulation of billboards, the opinion does not offer any binding represents a significant departure from broad level of legal authority which connects the proposition to on-premise deference afforded by the courts to decisions made by local signs. The City of San Diego seemed to recognize this government officials. Because of the holding in Edenfield, distinction in its ordinance, by choosing to exempt on-premise local governments must prove that any harm they seek to signs from the proposed ban. address with an ordinance is materially advanced by the proposed regulations. This ruling compels governments to With respect to Metromedia, it is also important to note that do more than allege traffic safety or aesthetics concerns as the decision has not led to the kind of clarity with which they basis for signage regulations. As a result of Edenfield, some courts try to ascribe to it. A federal district court in courts will compel local governments to produce evidence Florida eloquently discussed the limitations of this ruling. that the ordinance directly accomplishes their stated goals, It is truly a Herculean task to wade through the mire of such as traffic safety or aesthetics. Local governments must be First Amendment opinions to ascertain the state of the able to prove that on-premise commercial signs have an impact law relating to sign regulations, beginning with the Supreme on traffic safety and the ordinance factually accomplishes an Court’s leading decision on billboard regulations in improvement in traffic safety. In the absence of such quan- Metromedia, Inc. v. City of San Diego, 45 U.S. 490, 570, 69 tifiable proof, the constitutional legitimacy of sign codes L. Ed. 2d 800, 101 S. Ct. 2882, (1981) (plurality) stand on shaky ground. (Rehnquist, J., dissenting, who referred to the plurality The legacy of Central Hudson was again reinforced by the decision as a “virtual Tower of Babel, from which no Court in City of Cincinnati v. Discovery Network, Inc., 507 definitive principles can be clearly drawn”).... There is

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 7 U.S. 410 (1993). Applying the four prong test, the U.S. Hudson can potentially be invalidated. Supreme Court overturned a city regulation which sought In 2001, the tobacco industry sued the State of Massachu- to prohibit the location of some commercial newsracks on setts for regulations which limited the industry’s ability city streets on the basis of aesthetics and safety concerns. In to advertise its products within 1,000 feet of schools and reviewing the case, the Court held that the city had failed playgrounds and required all indoor advertising of such to establish a reasonable fit between its legitimate interests advertisements at least five feet off the floor. Lorillard Tobacco in safety and aesthetics and the means chosen to serve those Co. v. Reilly, 533 U.S. 525 (2001). While the Supreme Court interests. Id. In the Court’s view, the aesthetics and safety agreed with the State’s Attorney General that the interest justification was not substantial enough to justify discrimi- advanced by the regulation was legitimate at least in the nation between permitted and unpermitted newsracks, both case of the restrictions barring advertising near schools and of which the high court deemed “equally unattractive.” Id. playgrounds, it ruled that the regulations failed to satisfy the at 425. In this opinion, the Court rejected two previously fourth prong of the Central Hudson test. Id. Specifically, imposed jurisprudential requirements (1) that the regulation the Court held that the burden imposed on the speech was had to be the “least restrictive means” of achieving said goal disproportionate to any benefit that might be received from and (2) that a rational basis was a sufficient justification for implementing the regulation. Id. This decision is particularly such regulations. Id. at 417. The Court also discounted important as it denotes a possible future shift in the level of arguments that the regulation should be allowed to stand as scrutiny applied to on-premise sign ordinances, as was pro- a content neutral time, place and manner restriction. Id. jected by the Court in 44 Liquormart, shifting the applicable Here, the Court held that the ban was clearly content-based, standard of review from intermediate to strict scrutiny in seeking to eliminate only those newsracks that held commer- cases where signage regulations are content-specific. It is cial publications. Id. important to note that most sign codes are not limited to Relying on the same line of precedents, the high court commercial signs, and thus they must comply with the struck down a Rhode Island regulation which disallowed noncommercial speech standards as well. alcohol distributors from advertising the sale process of liquor in 44 Liquormart, Inc. v. Rhode Island, 517 U.S. 484 Time, Place and Manner Regulations (1996). The alleged substantial state interest in the case was the promotion of temperance. Despite the fact that the State Unfamiliar with the Central Hudson test, the planning produced some evidence of the relationship between the community often seeks to regulate signage with the same advertisement of alcohol products and the problem it sought approach allowable for the regulation of other constitutionally to solve, the Court held that the State failed to show that protected land uses, like adult entertainment. Familiar it had employed all other means of furthering temperance. with Renton v. Playtime Theatres, 475 U.S. 41(1986), cities The Court stated that a regulation of speech could not be seek to regulate signage using the “time, place, and manner” allowed to stand if it regulated more speech than necessary (TPM) test. This test is relevant to the regulation of signage. to achieve its intended purpose. A complete ban of alcohol- The TPM test is appropriately applied to ordinances which related advertising was determined to be overly restrictive seek to regulate all types of signage in content and view- because the State could not produce direct evidence that a point-neutral fashion. In United States v. O’Brien, 391 U.S. ban on this type of speech would produce a measurable im- 367 (1968), the Supreme Court held that content-neutral provement in the goal of promoting temperance. This case regulations on commercial communication are subject to is also important because the opinion rejected past decisions intermediate level scrutiny which requires such a regulation where the Court had deferred to the government even when to be narrowly tailored to further an “important governmental it had failed to prove compliance with Central Hudson. This interest unrelated to the suppression of free speech and does is another key issue to be considered by regulators who seek not burden substantially more speech than necessary to to place restrictions on on-premise signage. Sign ordinances further those interests.” Turner Broadcasting Corp. v. FCC, that do not provide evidence of compliance with Central 520 U.S. 180 (1997). The Supreme Court relied on this test

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 8 in its analysis of a sound amplification ordinance imposed The City of Ladue provided the same basis of justification by Rock Against Racism for a performance at an outdoor for this ordinance as was offered in Vincent — an interest in venue when it found that said ordinance sought to protect reducing visual clutter. This ordinance was enforced against the community from a harm, i.e. noise pollution, “in a Gilleo for displaying a sign with an anti-war message in her direct way.” Ward v. Rock Against Racism, 491 U.S. 781, 798 window at her private residence. Here, the Court applied the (1989). In Turner, the Court considered the evidence before time, place, and manner as this was a non-commercial it to determine if the regulation directly and materially speech case. The Court held that the ordinance went too far, advances the stated purpose, abandoning the generalized finding that such interests could have been served by more deference often associated with land use policies. This, temperate measures. Id. coupled with the fact that most commercial signage regulations The legal distinction between public and non-public forums are also reviewed for compliance with the Central Hudson must be fully understood by those who seek to regulate test in the case of as-applied challenges to sign regulations, signage. Local governments may regulate the display of signs places a new burden on localities to ground their sign codes in public forums so long as they adhere to First Amendment in more than mere conjecture about traffic safety or aesthetics. jurisprudence. However, when it comes to non-public forums, In the future, the production of quantifiable evidence the rational basis standard applies so long as viewpoint regarding these issues may be the only way that sign codes discrimination does not occur. See Perry Education Assoc. v. will survive such legal challenges. Perry Local Educators’ Assoc. 460 U.S. 37(1983). As such, sign codes which attempt to regulate on-premise commercial Sign Regulation and the signs, as well as other sign types, on private property must Public Forum Doctrine meet the heightened level of scrutiny established by Central Hudson and the cases that followed it. The land use designation of the property where a sign is posted is relevant to the discussion regarding the regulation of signage. Property may be public or private. Public property Content v. Viewpoint Regulation includes those lands held and used primarily for some Local government officials can be confused by a distinction governmental purposes. The government has the authority made by the Court between content and viewpoint-based to allow, regulate or even ban the placement of signage on regulations. Content-based regulations typically seek to limit public property. In 1984, the Court reviewed the constitu- all types of communication on an issue based on subject tionality of a Los Angeles Municipal Code provision which matter regardless of view-point. With respect to signs, content- prohibited the posting of signs on public property in City based regulations include, for example, regulations which Council v. Taxpayers for Vincent, 466 U.S. 789 (1984). The Court allow the display of electronic message centers but limit the held that the regulation was a content-neutral and even- moving copy to the inclusion of date, time, and temperature. handed approach that accomplished the goal of improving Another example of a content-based sign regulation is a the city’s aesthetic interest. Id. In this case, the Court requirement that dictates the placement and removal of found that sufficient channels of communication had been election signs within a certain time frame surrounding an left open by allowing the posting of such signs on private election. The U.S. Supreme Court has not been called upon property. Id. to consider these the constitutionality of these arguably A different set of principles governs the regulation of signage content-based restrictions. As a general rule, content-based displayed in private forums as was demonstrated by the high regulations may be permitted if they are adopted to control court’s ruling in City of Ladue v. Gilleo, 512 U.S. 43 (1994). secondary effects of speech, not to suppress it. Little clarity Privately owned properties such as residences and businesses exists on this issue beyond this general principle. While this make up private forums. Ladue involved the challenge of a city issue is unresolved by the courts, localities may be well sign ordinance which effectively barred private residential advised to revisit any provisions of their ordinances which property owners from displaying all signs on their properties. restrict the content of certain sign types.

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 9 A regulation which seeks to ban all signs which incite violence protect the former income stream with funds, which, if against any member of a particular community is viewpoint- prudently invested, would annually cover replacement based because it does not seek to ban other signs which do advertising expenses without adversely affecting land sales. not seek to incite said violence. A regulation, such as the one To avoid having to compensate sign owners for takings, drafted by the City of St. Paul in R.A.V. v. City of State Paul, some municipalities have developed amortization strategies 505 U.S. 377 (1992), will be deemed viewpoint based and which permit the continued use of nonconforming signs for will only survive judicial review if it complies with the a period deemed long enough to allow the owner to fully standards applicable to the highest level of scrutiny. In depreciate the investment. This strategy has been deemed R.A.V., the City drafted a Bias Motivated Crime Ordinance appropriate if the term of amortization is reasonable. which sought to prohibit the display of symbols known to Reasonableness determinations involve consideration of the arouse “anger, alarm or resentment in others on the basis of following factors, including initial capital investment, life race, color, creed, religion or gender.” Id at 377. The Court expectancy, salvage value, and extent of depreciation, among judged the ordinance to be facially-unconstitutional because others. Georgia Outdoor Advertising Inc. v. City of Waynesville, it sought to prohibit speakers from expressing unpopular 900 F.2d 783, 786 (4th Cir. 1990); Major Media of the Southeast, viewpoints. Id. The interest in this case, i.e. sending a message Inc. v. City of Raleigh, 792 F.2d 1269, 1274 (4th Cir. 1986). that the city does not condone hate speech or hate groups, Such reasonableness determinations are becoming more was not deemed sufficient to justify the selective silencing of difficult to prove due to the fact that these criteria fail to speech. While the Court agreed with the city on the principle adequately reflect the true value of signs. that the ordinance served a compelling state interest, they suggested that “an ordinance not limited to the favored topics, In The Value of Signs, Dr. Claus proposes an appraisal scheme, for example, would have precisely the same beneficial effect” which he has employed with great success, to assist Id. at 396. Cities must tread lightly when seeking to regulate communities in understanding the real economic impacts either the content or viewpoint displayed on signs. of “taking” or amortizing signage (Claus, 2002). The Ohio Court of Appeals validated this approach in City of Norwood Signage Regulation and the v. Burton, 164 Ohio App.3d 136 (2005), where Dr. Claus Law of Amortization testified that the owner of a property next to a shopping mall was entitled to compensation for the loss of a sign in Whenever the government seeks to require the removal of the amount of $500,000 to replace the value of the sign an on-premise sign, takings challenges come into play. based on mere visibility (the City of Norwood had offered Regulations which compel the removal of nonconforming approximately $200,000). Damages awarded in such cases signs often rise to the level of a compensable taking. Several may exceed the value ascribed to visibility as some courts recent state court rulings indicate that such takings can be have also made cities pay damages to and the attorney’s fees expensive propositions (Claus, 2002). In Caddy v. Hamilton of affected property owners on the grounds that their civil County (lower court case; no Westlaw cite), the jury awarded rights have been violated. See Ballen v. City of Redmond, 463 $1.8 million to a business owner for the loss of on-premise F.3d 1020 (WA 2006); Outdoor Systems Inc. v. City of Mesa, signage when his property, including grandfathered signs, 997 F.2d 604 (AZ 1993); Dimmitt v. City of Clearwater, 782 was taken via eminent domain proceedings (Claus, 2006). F. Supp. 586 (M.D. FL 1991); XXL of Ohio, Inc. v. City of The jury awarded an additional $1.3 million dollars in just Broadview Heights, 341 F. Supp.2d 825 (N.D. OH 2004). compensation for the value of the condemned real property Because amortization is a costly proposition to both businesses and building (Claus, 2006). According to Dr. Claus (2002, that display signs and the communities which seek to remove p. 74): them, the planning community should consider new ways to Thus the combined award gave the owner sufficient solve the problems they typically ascribe to nonconforming money to not only replace land and building, but also signage. One effective method for bringing out of date or

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 10 unsafe signage into compliance with new performance in certain circumstances so long as they comply with the standards is for municipalities to adopt standards dealing safeguards established by the Supreme Court in Freedman with the abandonment of signs. Arguably, when a business v. Maryland, 380 U.S. 51 (1965). closes and is not reopened by its original owner or a new In order to survive a prior restraint challenge, a sign code enterprise for a substantial period of time, a sign has been must employ the safeguards outlined by the Supreme Court abandoned. However, this approach is not foolproof. On- in Freedman v. Maryland, 380 U.S. 51 (1965). These include: premise signs function primarily as speech. However, they are also an accessory land use tied to their physical location. 1. The municipality must bear the burden of taking the Dr. Claus’ appraisal approach could readily conclude that a denial to a judicial proceeding; temporarily unused sign located on a legally zoned commercial property adds value to that property and cannot be removed 2. Bear the burden of persuasion at the judicial proceeding; without compensation. 3. Limit any restraint prior to the judicial determination to a specified brief period of time; and Egregious failure to maintain a sign to the point at which the sign becomes hazardous may also be viewed as abandonment. 4. Guarantee a prompt judicial determination. In such cases, it may be appropriate to require the replacement Id. at 62. The Supreme Court has relied on the prior restraint of out of date signage with new signs that comply with doctrine to invalidate sign ordinances which failed to include modern performance standards. In order to avoid takings adequate procedural safeguards set forth in Freedman. challenges, communities must provide a clear definition of Grayned v. City of Rockford, 408 U.S. 104 (1972); Kolender v. abandonment to ensure that this sort of provision is not Lawson, 461 U.S. 352 (1983). employed in an arbitrary fashion. Vagueness and unbridled discretion are two related issues of In some instances the issue of non-conformity is solely due concern in the context of sign regulation. A sign code will to communities having adopted highly restrictive ordinances be considered vague if it fails establish clear requirements, or that infringe on free speech rights pertaining to both com- to set forth a clear process for obtaining permits to construct mercial and non-commercial communications. In order to signs, a reasonable time period for decision making by the correct this problem, planners should modify sign ordinances local zoning officer, and an adequate appeals procedure in to ensure that they are no more restrictive than necessary the case a denial is issued. Generally, to survive a vagueness to serve the community’s goals while enabling effective challenge “a statute must be sufficiently clear so as to allow commercial speech. If localities do not change their approach persons of ‘ordinary intelligence’ a reasonable opportunity to dealing with nonconforming signage, businesses may seek to know what is prohibited…” Hoffman Estates v. The Flipside, to retain and maintain non-conforming signs because the 455 U.S. 489, 498 (1982). The standard of review is alternative, new code compliant signage, is too small and heightened when the statute in question regulates speech restricted to fulfill the primary purpose, commercial speech. which is protected by the First Amendment. In such cases, “an even greater degree of specificity and clarity of the law Signage Regulation and Prior Restraint is required.” KEV, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986). Most cities require those who seek to display on-premise signs to obtain a license to do so prior to construction or display. A sign code may also fail to meet legal muster if it gives Requiring such review prior to the installation of a sign is a unbridled discretion to local decision makers. For example, form of “prior restraint.” The prior restraint occurs as a result a review process will be deemed unfair when the decision of the fact that the speaker is restrained from communicating maker may pass on permits for signage or censor the content his or her message until the regulator approves the speech. of the commercial communication due to the absence of Despite this limitation on speech, prior restraints are legal objective standards for issuance of the permit or, in the alternative, the presence of standards that are not clear to

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 11 change their names. Sambo’s of Ohio v. City Council of Toledo, 466 F. Supp. 177 (N.D. Ohio 1979). The issue of color is a little less settled. While the 9th Circuit struck down an ordinance which attempted to require Blockbuster to use a color scheme that did not match its federally registered trademark in Blockbuster Video Inc. & Video Update v. City of Tempe, 141 F.3d 1295 (9th Cir. 1998), the 2nd Circuit issued a contrary opinion in Lisa’s Party City, Inc. v. Town of Henrietta, 185 F. 3d 12 (2d Cir. 1999). This split in jurisprudence reflects a more important and unresolved matter that the Supreme Court could one day be called upon to resolve: Does the Lanham Act protect colors in trademarks used in signs? Whether regulating colors on signs is a content-based regulation or a time, place and manner regulation, is a First Amendment issue, which, to the best of the author’s knowledge has not been tested.

Guiding Principles for the Development of a Model Sign Code

The need for well-built and attractive on-premise commercial signage is clear. Businesses that do not have adequate signage, or that the public considers run-down or unattractive, will Electronic Message Center Sign fail to compete in the local marketplace, potentially con- tributing to the destabilization of the local economy. Localities, as such, have an important role in drafting sign “ordinary people,” per the high court’s ruling in Hoffman codes which guide businesses to craft signage. In preparing Estates. Hoffman Estates, 455 U.S. at 498. Returning to the such codes, localities must tread carefully so that such issue of specificity, modern sign codes must outline objective regulations do not impede on the constitutional protections standards upon which the approval or denial of permits and guaranteed to commercial speech. Localities must not treat variances will be issued to provide guidance to both appli- signs, commercial or non-commercial, like traditional land cant and decision maker. uses because signs are, in fact, speech and entitled to an evolving set of protections defined by the courts. Sign code Federal Trademark Law drafters must move beyond efforts to draft codes on the basis of general notions of safety and aesthetics which have little A short mention of federal trademark law is important to or no scientific backing. The scientific community is accu- the discussion of sign regulation. The Federal Lanham mulating a significant amount of signage and its relationship Trademark Act, 15 U.S.C. §1051, et seq., was adopted by to public and traffic safety. The inclusion of empirical research Congress in an effort to preserve and protect the integrity in signage regulation will provide the necessary basis for of federally registered names, marks, emblems, slogans, regulations which might otherwise be deemed to abrogate and colors. The Act specifically prohibits any unit of State the rights afforded to this medium of communication by or local government from requiring the alteration of such the Constitution. marks for display purposes. 15 U.S.C. §1121(b). This Act has prevented local governments from requiring businesses to

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 12 Works Cited

44 Liquormart, Inc. v. Rhode Island, 517 U.S. 484 (1996). Modjeska v. Berle, 373 N.E.2d 255 (N.Y. 1977). Ballen v. City of Redmond, 463 F.3d 1020 (WA 2006). Naegele Outdoor Advertising, Inc. v. City of Durham, 803 Berman v. Parker, 348 U.S. 26 (1954). F.Supp. 1068 (M.D.N.C. 1992), aff’d, 19 F.3d 11 (4th Cir.), cert. den. 513 U.S. 928 (1994). Bigelow v. Virginia, 421 U.S. 809 (1975). North Olmsted Chamber of Commerce et al. v. City of North Blockbuster Video Inc. & Video Update v. City of Tempe, Olmsted, 86 F. Supp. 2d 755 (N.D. Ohio 2000). 141 F.3d 1295 (9th Cir. 1998). Outdoor Systems Inc. v. City of Mesa, 997 F.2d 604 (AZ Caddy v. Hamilton County, lower court case; no Westlaw cite. 1993). Central Hudson Gas & Electric Company v. Public Service R.A.V. v. City of State Paul, 505 U.S. 377 (1992). Commission, 447 U.S. 557 (1980). Renton v. Playtime Theatres, 475 U.S. 41(1986). City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984). Sambo’s of Ohio v. City Council of Toledo, 466 F. Supp. 177 City of Cincinnati v. Discovery Network, Inc., 507 U.S. 410 (N.D. Ohio 1979). (1993). Turner Broadcasting Corp. v. FCC, 520 U.S. 180 (1997). City of Ladue v. Gilleo, 512 U.S. 43 (1994). United States v. O’Brien, 391 U.S. 367 (1968). City of Norwood v. Burton, 164 Ohio App.3d 136 (2005). Village of Euclid v. Ambler Realty Co., 272 U.S. 356 (1926). City of Passaic v. Patterson Bill Posting, Adv. & Sign Painting, 62 A. 267 (N.J. Err. & App. 1905). Virginia Pharmacy Board v. Virginia Consumer Council, 425 U.S. 748 (1976). Desert Outdoor Advertising, Inc. v. City of Moreno Valley, 103 F. 3d 814 (9th Cir. 1996). Ward v. Rock Against Racism, 491 U.S. 781, 798 (1989). Dimmitt v. City of Clearwater, 782 F. Supp. 586 (M.D. FL XXL of Ohio, Inc. v. City of Broadview Heights, 341 F. 1991). Supp.2d 825 (N.D. OH 2004). Edenfield v. Fane, 507 U.S. 761 (1992). Claus, J. (2001). “Judicial Scrutiny Under the First and Fourteenth Amendments: Impact on Sign Regulation” Freedman v. Maryland, 380 U.S. 51 (1965). Signline: Issue 33. Georgia Outdoor Advertising, Inc. v. Waynesville, 900 F.2d Claus, J. (2002). “Prior Restraints in Sign Codes” Signline: 783, 786 (4th Cir. 1990). Issue 36. Ginzburg v. U.S., 383 U.S. 463 (1966). Claus, J., S. L. Claus, and T. A. Claus. (2002). “The Value of Granite State Outdoor Adver., Inc. v. City of Clearwater, 213 Signs” The Signage Foundation for Communication F.Supp.2d at 1327 (11th Cir. 2003). Excellence, Inc. Sherwood, OR. Grayned v. City of Rockford, 408 U.S. 104 (1972). Claus, J. (2004). “Street Graphics and the Law: A Flawed KEV, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986). Perspective, Part 1” Signline: Issue 46. Kolender v. Lawson, 461 U.S. 352 (1983). Claus, J. (2004). “Street Graphics and the Law: A Flawed Perspective, Part 2” Signline: Issue 47. Linmark Associates, Inc. v. Willingboro, 431 U.S. 85 (1977). Claus, J. (2006). “Eminent Domain and Compensation for Lisa’s Party City, Inc. v. Town of Henrietta, 185 F. 3d 12 (2d Signage” Signline: Issue 49. Cir. 1999). Ewald, W. R. and D. R. Mandelker. (1971). Street Graphics. Lorillard Tobacco Co. v. Reilly, 533 U.S. 525 (2001). The American Society of Landscape Architects Metromedia, Inc. v. San Diego, 453 U.S. 490 (1981). Washington D.C.

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 13 Sign Legibility Considerations for On-Premise Signs Technical Report

Prepared by H. Gene Hawkins, Jr., Ph.D., P.E. Hawkins Engineering

In Cooperation with Urban Design Associates College Station, Texas

Revised Draft Document March 24, 2011

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 14 Technical and Scientific Issues Associated with the Regulation of On-Premise Signs

igns are a communication device. They are intended to there is a great deal of research that addresses traffic signs, Scommunicate particular information to the reader of a some of which can be transferred to business sign applications. sign. This document is concerned with how on-premise signs communicate information about a business to the customers Comparison Documents or potential customers of a business. The effectiveness of that communication can have a significant impact on the Many different agencies have developed sign ordinances. As success, or lack thereof, of the business. Certainly, the com- described in the legal report, some of these sign ordinances munication of information through an on-premise sign has have been challenged in court and overturned. Others have legal, economic, business, and social perspectives. But at the proven to be acceptable. From a technical perspective, a basic level, the ability of a sign to communicate information, document which provides substantial value is the Manual on apart from all of the issues related to content, aesthetics, and Uniform Traffic Control Devices (MUTCD, 2003 and 2009), economics, is essentially a technical issue of visibility and which is maintained by the Federal Highway Administration readability. For a sign to communicate the content to a user (FHWA). The current MUTCD is the 2009 edition, which in an effective manner, a sign must be readable in the viewing includes an entire part on signs (MUTCD 2009). With conditions. This means that it must also be visible. Readability respect to signs, the MUTCD addresses application/selection, and visibility can be, and have been to some extent, defined design, installation, operation, and maintenance. Where it is in scientific terms. This technical report describes the technical appropriate, this report will reference information in the issues associated with the readability and visibility of on- MUTCD that may relate to the technical issues to be included premise signs and, where that information is not specific to in a model sign ordinance. However, there are many differences on-premise signs, the readability and visibility of other types between traffic signs and business signs. The most significant of signs. These technical issues are associated with specific of these differences is the lack of consistency in the design physical sign characteristics such as sign size, content size, elements of business signs. Business signs use a wide range sign location, user/reader characteristics, viewing environment, of shapes, typefaces, layouts, colors, lighting, and sizes to and many other factors described in this technical report. communicate the desired information while traffic signs are limited to specific type faces, shapes, sizes, and colors. It is Background Information this level of restriction on traffic signs that provide the ability to define with great precision the application, design, and The need to address regulations for on-premise signs has installation of traffic signs. It is also what makes it sometimes grown as planners and local jurisdictions have increased the challenging to transfer research findings from the traffic sign restrictiveness of sign ordinances. Many of the existing sign environment to the business sign environment. ordinances in place around the country are based primarily Section 1A.02 of the MUTCD identifies five basic principles on preferences and opinions, as there is little in the way of of traffic control devices. The critical content of this section is quantitative and scientific research that fully addresses the presented in Figure 1. Each of these basic principles — fulfill various issues associated with these types of signs. However,

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 15 a need, command attention, convey a clear, simple meaning, a sign ordinance should focus on the physical and measurable command respect from road users, and give adequate time for aspects of the sign and its environment. Defining the minimum proper response — lead to specific measurable criteria for a physical characteristics of these features for the model ordi- sign that affect its design and placement. Some of the critical nance means that the purposes and objectives of an on-premise design criteria associated with traffic signs that may help to sign must be defined as a function of factors such as the define on-premise sign criteria are listed in Figure 2. viewers (users) of the sign, the environment it is viewed from (road/sidewalk, speed, lighting), and the intended action associated with the sign (stop, turn, other maneuver). Section 1A.02 Principles of Traffic Control Devices • Letter size: For ground mounted guide signs, letters shall Support: be at least 6 inches for capital or upper-case letters and at This Manual contains the basic principles that govern the design least 4.5 inches for lower-case letters. On roads with speeds and use of traffic control devices for all streets and highways open of 25 mph or less, the minimum letter size can be reduced to public travel regardless of type or class or the public agency from 6 to 4 inches. (Section 2D.06) On multi-lane roads with having jurisdiction. This Manual’s text specifies the restriction on speeds of 40 mph and higher, the upper-case letter height the use of a device if it is intended for limited application or for a should be at least 8 inches. (Section 2D.43) specific system. It is important that these principles be given pri- • Sign size: Sign sizes are prescribed based on the roadway mary consideration in the selection and application of each device. classification and type of sign. Guidance: • Typeface: All lettering shall be in capital letters except street name signs and destinations on guide signs are required (for To be effective, a traffic control device should meet five basic new signs) to be a combination of initial upper-case letters requirements: and lower-case letters. (Section 2A.13) A. Fulfill a need; • Height: At least 5 ft to the bottom of the sign in rural districts, B. Command attention; 7 ft where parking or pedestrian movements occur (urban C. Convey a clear, simple meaning; districts). (Section 2A.18) D. Command respect from road users; and • Offset from road: At least 12 ft from the edge of the traveled E. Give adequate time for proper response. way and at least 6 ft from the edge of the shoulder. All sign supports should be located as far as practical from the edge Design, placement, operation, maintenance, and uniformity are of the shoulder. (Section 2A.19) aspects that should be carefully considered in order to maximize • Orientation: Signs should be vertically mounted at right angles the ability of a traffic control device to meet the five requirements to the direction of traffic. (Section 2A.20) listed in the previous paragraph. Vehicle speed should be care- • Sign spacing: Signs requiring different decisions by road fully considered as an element that governs the design, opera- users shall be spaced sufficiently far apart for the required tion, placement, and location of various traffic control devices. decision to be made safely. Overloading road users with too much information is not desirable. (Section 2A.16) Figure 1. Traffic Control Devices Principles from the MUTCD • Legibility Index: Lettering should be large enough to provide the necessary legibility distance. A legibility index of 30 ft/in Purpose and Objectives of On-Premise Signs should be used. (Section 2A.13). • Luminance: All signs shall be retroreflective. There are minimum On-premise signs are intended to inform customers and retroreflectivity levels for maintaining traffic signs (Section potential customers of a business of a myriad of information 2A.08). about that business. An on-premise sign may identify the • Sign message: Wording shall be as provided in the MUTCD. business and its location. It may give information about the Only symbols shown in the MUTCD shall be used. (Section 2A.06) business such as hours, special sales/events, and directions. It almost always serves as a branding tool for the business, regard- Figure 2. Selected Traffic Sign Design Criteria from te 2009 MUTCD less of whether the reader is currently considering a transaction or is just subconsciously noticing the business. To be effective,

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 16 Sign Ordinance Regulation any one of these factors, then an object is not likely to be visible to the viewer. These factors are also interactive, meaning In order to develop the technical criteria that can be used to that the minimum characteristic for any one factor is depend- define the measurable characteristics of an on-premise sign, ent upon the existing performance level for the other three. it is necessary to first develop a list of what the possible Critical aspects for each of these factors are addressed in the characteristics are. Table 1 presents a partial list of character- following sections along with findings of selected previous istics that affect sign effectiveness and that might be serve as research that gives some insight into the threshold conditions design criteria in a sign ordinance or might be used in a sign associated with each factor. ordinance to establish the design criteria. Size Sign Characteristics The focal point of a sign is the message within the sign. For • Type/style of sign the message to be visible, it must encompass a visual arc large • Overall size enough to be discernible by the eye. As applied to reading • Shape of sign text at a distance, the human arc can distinguish a stroke • Size of content width (SW) of 1 minute and a letter height (Ht) of 5 minutes • Style of content for someone with 20/20 vision. For 20/40 vision, the respec- • Color of content tive values are 2 minutes and 10 minutes. Figure 3 illustrates • Material composition the concept of the visual arc. Equation 1 provides the formula • Lighting/illumination that defines the relationship between these elements. Location Characteristics

• Offset from viewing location • Distance from viewing location • Height from viewing location Equation 1. Sign Visibility • Orientation relative to viewing location

Environment Characteristics

• Characteristics of viewing background • Characteristics of reader/user • Travel speed of reader/user • Time of day • Information processing demands • Competition for attention Figure 3. Concept of Visual Arc Note: characteristics are not in any particular order.

Table 1. Characteristics Related to On-Premise Sign Effectiveness By combining Equation 1 with the threshold criteria for visual angle, it is possible to establish a legibility index for observers of various visual acuities. For 20/20 vision (5 minute arc for Technical Issues of Sign Visibility letter height), the corresponding legibility index is 57.3 feet per inch of letter height (ft/in). For 20/40 vision, the legibility To be visible, an object must provide minimum performance index is 28.6 ft/in. Table 2 indicates the legibility index asso- with respect to four characteristics. It must be of adequate size, ciated with various Snellen visual acuities using Equation 1. of adequate luminance, of adequate contrast, and properly These values are consistent with traditional rules of thumb located. If minimum threshold conditions are not met for for the legibility of traffic signs.

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 17 daytime conditions, the known message could be read at about 75 percent of the distance of the unknown message (Hawkins et al. 1999). The issue of a known versus unknown message is closely related to the issue of the time required to process the information and complete an appropriate response. Reading time issues are addressed later in this document.

In most states, a minimum visual acuity of 20/40 is typically required to obtain or renew a driver license. This equates to a legibility index of about 29 ft/in. In comparison, the MUTCD recommends a legibility index of 40 ft/in. Given that on- Table 2. Legibility Indices for Visual Acuity premise signs use a range of design characteristics that may reduce legibility to a level less than that used with traffic signs, a legibility index of 30 ft/in would be appropriate for In 1939, Forbes et al. conducted the pioneering research on use in a model sign ordinance and would address a wide traffic sign legibility and established a legibility index of 50 range of users, sign characteristics, and viewing conditions. ft/in (Forbes 1939). This served as the rule of thumb for traffic engineering until the late 1980s, when concerns about Of all the factors affecting legibility, size has the greatest the visual abilities of older drivers become more prevalent. impact. The sign message must have adequate size first. One of the first significant research publications addressing Legibility of a sign message of inadequate size cannot be older drivers suggested that a legibility index of 25 or 30 significantly improved by increasing the luminance or contrast. ft/in was more appropriate for older drivers (Special Report From a relative standpoint, an increase of a given percentage 218). The MUTCD states that signs should be designed in message height will result in a greater legibility improvement using a legibility index of 30 ft/in (MUTCD 2009). than an equal percentage increase in luminance or contrast.

It is worth noting that these legibility indexes are associated with a sans serif letter style with a height to stroke width ratio Luminance of about 5:1, which is consistent with that of the common In addition to size, a sign must also be bright enough to be letter style used in traffic signs. The 50 ft/in legibility index seen. Luminance is the technical term used to define the that Forbes established for traffic signs applied to the Series brightness of a sign. Sign luminance for a static sign is provided D font (see typeface in the secondary issues section). A letter through one of the following: ambient lighting (sun or other style with a larger height to stroke width ratio (skinnier letter) lighting not related to the sign), external sign lighting (light- will be less visible. This technical report addresses the impact ing located on the outside of the sign intended specifically to of letter style on legibility in a later section. make a sign visible at night), internal sign lighting (lighting Another critical element associate with the legibility index is within the sign interior that makes it visible at night), or whether the stimulus is a known or unknown stimulus. retroreflectivity (the ability to reflect light from a source Someone looking for a specific message in a sign will be able back toward the source). Sign luminance is largely a night- to identify the message at a further distance than if they time issue as the ambient lighting associated with daytime were trying to read a sign message that is unknown to them. viewing conditions is such that signs do not need to provide Other research by Forbes compared the legibility of known additional luminance through internal/external lighting or and unknown messages (Forbes 1951). In his experiment, retroreflectivity. There is a wide range of research and guidance Forbes found that the legibility index for words that the sub- on the luminance levels that should be provided in signs, but ject was looking for was 10-13 percent further than that for most of the actual research has been associated with traffic words that the subject had no prior knowledge of. Researchers signs. With respect to on-premise signs, the Signage Source- at the Texas Transportation Institute also evaluated legibility book presents a good summary of guidelines for luminance. for known versus unknown sign messages and found that, in

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 18 There are three issues related to the quantity of luminance produced by a sign. The first is that a sign must have sufficient luminance to be visible/legible to the intended users. This generally implies a minimum luminance that must be provided. At the other end of the luminance spectrum is a maximum level of luminance that would limit factors such as sky glow, light trespass on adjacent property, or glare, which are collectively referred to as light pollution. Each of these is addressed separately, along with issues related to luminance measurement.

The term “Illuminance” is also a frequently used lighting measurement. It is “a term that quantifies light striking a surface or plane at a point. Illuminance is generally used as the measurement associated with light pollution.

Luminance Measurement

Currently there is no guideline specifying a standardized measurement method for luminance or illuminance of business signs (Garvey 2004). To isolate an individual sign in the open field, Garvey (2004) suggested that luminance be measured at a distance of 550 ft (using a 20-min of arc aper- ture luminance meter) with the meter placed toward the sign face, and be converted into illuminance at a distance of 16.4ft from the on-premise sign.

Figure 4. Impact of Luminance on Legibility Index Minimum Luminance for Legibility (Carlson and Hawkins)

The luminance (or brightness) of a message also has an impact on the visibility of the message. The brighter the message, A recent study (Garvey, Pietrucha and Cruzado 2008) the easier it is to read. Furthermore, there is a relationship compared the daytime and nighttime visibility of internally between luminance and size. Carlson and Hawkins found illuminated on-premise signs with seven different levesl of the results shown in Figure 4 (Carlson and Hawkins). The lighting. A lighting level defined as the “industry standard,” a overhead sign results are based on a Series E(Modified) leg- value which represent 99 percent of all internally illuminated, end with 16 inch upper case letters and 12 inch lower case on-premise signs installed across the U.S., represented the letters. The street name sign results are based on a Series C middle lighting condition. There were three levels higher and 6 inch upper case letter. As can be seen from these plots, a three levels lower than the base condition so as to examine sign legend that has a higher luminance can be read by a the recognition and legibility distances under different sign higher percentage of drivers. Another interesting aspect of luminance levels for nighttime signs. The signs also represented these plots is that, although they are based on signs with a range of colors, contrast orientation (positive/negative), and different letter heights and designs, the results are almost contrast levels. Major findings from this study are listed below: identical when compared on the basis of the legibility index. • Different combinations of colors yield different visibility. Signs with black letters on a white background have the best visibility and signs with yellow letters on a green background have the worst visibility.

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 19 • At the worst nighttime lighting condition (40 percent of and real open road (Garvey, Pietrucha, Damin, and Deptuch, the base brightness level), daytime signs were 43 percent 2009). The most relevant findings from both studies to on- more legible and 40 percent more recognizable than premise sign ordinance are summarized in the following list: nighttime signs; at the best lighting conditions, daytime • Gender and age do not have significant effect on the signs were 13 percent more legible (at industrial standard visibility distance of both types of on-premise signs. nighttime brightness level) and 20 percent more recog- Visibility of daytime signs is better than nighttime signs nizable (at 1.75 times of the base brightness level) than for both internal and external illumination conditions. nighttime signs. • The degradation of the external lighting facility exacerbates • There is a peak in both legibility distance and recognition the difference between the performances of the two types distance as function of sign brightness. In the study, the of signs. The degree of nighttime visibility improvement maximum legibility distance was reached at the base by internal illumination compared to external illumina- level and the maximum recognition distance was reached tion is associated with the increased luminance level. at 1.75 times brighter than the base level. • The researchers did not recommend a specific level of There are many factors that impact the optimal luminance luminance (minimum or maximum) for internally level for an on-premise sign, more than can be conveniently illuminated signs, but the optimal performance (associated addressed in a model sign ordinance. There are both mini- with the base lighting level) had a luminance level of 660 mum and maximum limits on sign luminance that should be cd/m2 for the white portion of the experimental signs followed for a sign to be legible. Even if luminance levels were (lower luminance levels for other colors). to be selected as a measure-of-effectiveness, the resulting ranges of luminance outputs as a function of color of on-premise signs Insofar as their study was concerned, the optimal luminance would be wide: 550~760 cd/m2 for white/black signs, 30~187 level of internally illuminated on-premise sign was suggested cd/m2 for green color and for 150~520 cd/m2 for yellow color, at the base level. However, the nighttime ambient lighting 80~130 cd/m2 for gold color etc. (Garvey, Pietrucha and environment and driver characteristics in the test site of this Cruzado 2008, Garvey, Pietrucha, Damin, and Deptuch, 2009). study might not represent all nighttime conditions in which on-premise signs are installed, thus the visibility obtained in As there is little research addressing the minimum luminance this study at certain luminance level will not necessarily be levels of on-premise signs, this document presents informa- the same in different cases. tion related to luminance levels for traffic signs for possible application into on-premise signs. A 1984 review of night- For externally illuminated signs, there is very limited scientific time visibility research for overhead freeway signs found the information regarding on-premise signs and external lighting points listed below (Gordon 1984). It is worth noting that design and maintenance, such as the location of the luminaire, these findings relate to overhead freeway traffic signs, where illuminance level, or the retroreflectivity requirement of the the luminance was provided through retroreflectivity. sign face. In one study concerning the lighting design of this type of signs, a set of two 150-watt flood lamps were mounted • A white legend of 3.4 cd/m2 should be taken as the lower 7 ft in front of and 7 ft behind the center of the signs (Garvey, limit of permitted sign luminance. Below this level, legi- Ramaswamy, Ghebrial, De la Riva, Pietrucha, 2004). They bility rapidly decreases. found that internally illuminated signs provided superior • While 3.4 cd/m2 should be considered a minimum, 340 legibility distances compared to externally illuminated signs cd/m2 should be the upper limit. Optimal legend luminance with lighting designed to match that of the internally illumi- under most highway conditions is between 34 and 102 nated signs. However, their research did not give luminance cd/m2. A dark surround permits the use of lower legend levels associated with the signs. luminance. • Under high surround illumination conditions, legend- In spite of the factors affecting the visibility of internally background luminance ratios as low as 4:1 will provide and externally illuminated on-premise signs, there are studies satisfactory visibility. Under low ambient illuminations concerning the relative performance of internally and exter- conditions, where the sign background is almost black, nally illuminated signs under controlled test environment the specific legend luminance is more meaningful than (Garvey, Ramaswamy, Ghebrial, De la Riva, Pietrucha, 2004) one of contrast.

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 20 The third bullet point illustrates a key aspect of establishing forms, colors, sign layouts, and illumination technologies luminance levels. The optimal luminance level is closely related and levels associated with on-premise signs. However, the to the environment in which a sign is viewed. A sign in a information for traffic signs provides a valuable comparison dark rural environment can be read with lower luminance for sign legibility performance. than one in a brightly lit urban environment. Furthermore, This report does not recommend that illuminance be a major since most on-premise signs are illuminated internally, it is criterion in regulating sign lighting design. Illuminance level possible to provide much higher luminance levels than can varies with distance from the lighting source and depends on be achieved with traffic signs. the type of and power output of the lighting facility. Further- In 1986, Mace et al. provided an excellent literature summary more, there are no standardized methods or equipment for based on the determination of minimum brightness standards measuring illuminance of on-premise signs that will exclude for sign legibility (Mace et al. 1986). The findings related to the impact of ambient lighting (Garvey 2004). Furthermore, minimum luminance requirements for legibility (MLRL) for this report recommends that luminance levels for static signs overhead signs were: be based on legibility needs. There is currently insufficient scientific evidence to establish maximum luminance levels • MLRL increase as the ratio of letter stroke width to letter for on-premise static signs. height decreases. • MLRL increase as the level of internal contrast decreases. • The published data are inconsistent on the effect of sign Contrast luminance and surround luminance. In addition to size and luminance, a message must also • MLRL are not influenced by glare, unless the glare source possess sufficient contrast with the background to be visible. is very bright and immediately adjacent to the sign. According to Olson, contrast is defined as characteristics of a • MLRL increase with observer age. scene that cause an object to appear distinct from its back- In an effort documented in 1985, Schmidt-Clausen reported ground. At higher levels of illumination, contrast can be on minimum luminance levels needed for sufficient and provided by such things as differences in color, pattern, optimal performance (Transportation Research Circular 297). shading, texture, and brightness. At night, generally only The investigation was carried out on a scale model and com- brightness contrast is available (Olson 1996). pared to those values found in real-world situations. The study The concept of contrast is best illustrated in Figure 5. In this showed that a legend luminance of 3.5 to 10 cd/m2 is sufficient. figure, the color of the word “contrast” is the same shade of Luminance values between 10 and 35 cd/m2 are optimal. The gray for the entire word. However, the shade of the back- maximum luminance was determined to be about 60 cd/m2. ground changes from a light gray to near black. As a result, The actual value of the minimum and maximum luminance the letter “R” is not visible due to a lack of contrast between depends upon the level of critical detail in a sign, the contrast the word and the background. Furthermore, the visibility of ratios, the level of ambient lighting, and the visual complexity the first and last parts of the word has different characteristics. of the viewing background. As indicated in the technical report, In the first part of the word, the object is darker than the there is general agreement that 3.4 cd/m2 is the absolute background; this is referred to as negative contrast. In the last minimum luminance for a white sign legend. Luminance part of the word, the object is brighter than the background; levels between 34 and 1 cd/m2 are optimal, and the maximum this is referred to as positive contrast. The minimum design luminance is 340 cd/m2. These luminance levels are for a white criteria for sign visibility can depend upon whether the sign legend on a traffic sign, which uses positive contrast (light message is presented with positive or negative contrast. legend on a darker background). In comparison, on-premise signs often use a wider range of colors for the sign legend and background. In addition, many on-premise signs are internally illuminated, which is not a common practice for traffic signs.

The ability to transfer research findings from traffic sign Figure 5. Example of Contrast research is somewhat limited due to the wider range of letter

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 21 There are multiple contrast issues that affect sign visibility. Location The ability to see a sign (conspicuity) depends upon the ex- Finally, a sign with adequate size, luminance, and contrast ternal contrast between the sign and the background (viewing serves no purpose and cannot be read if it is located where it environment). The ability to read the sign depends upon the is not visible to the viewer. There are many aspects to on- internal contrast between the sign copy and sign background. premise sign location. Unlike traffic signs, on-premise signs Generally, contrast is expressed as a ratio of the internal and are not typically located close to the edge of the road. They external luminance as shown in Equation 2. must be placed on private property behind the right-of-way line. In addition to the offset from the road, they may be placed at a range of heights above the road. Finally, the orientation of the sign with respect to the viewing direction may affect its visibility. Equation 2. Contrast Ration Equation A person’s sharpest vision occurs when they are looking directly ahead. As a stimulus moves away from the visual axis, For fully reflectorized signs with almost no background it is more difficult for the observer to detect and read the 2 complexity (i.e., values up to 0.4 cd/m ), Sivak and Olson stimulus. This ability to see and read a sign is illustrated in recommend a contrast ratio of 12:1 for optimal performance Figure 6, which shows that the clearest vision occurs within (Sivak and Olson 1985). For background complexity greater a 3 degree cone centered on the visual axis (Texas Highway 2 than 0.4 cd/m , the retroreflectivity needs and corresponding Operations Manual 1992). Clear vision occurs within a 10 contrast ratio become dependent on the amount of background degree cone, satisfactory vision within a 20 degree cone. For complexity. The values reported in their literature review range reading purposes, the visual field is 10 degrees or less. A dri- from 3:1 to 45:1. Other reported minimum contrast ratios for ver’s ability to observe and react to a sign outside the cone white on green signs have ranged from 3.3 to 7:1 (Mace et al. of vision drops rapidly outside this limit. 1986). The Australian research recommends a value of 3:1 (Jenkins 1991). However, their guidelines call for a minimum of 7:1 but prefer 10:1 (Guide to Traffic Engineering Practices 1988).

A 1988 report examining fully retroreflective signs suggested a contrast ratio range from 4:1 to 15:1 as appropriate for most conditions (Special Report 218). For example, if the luminance of the green background is 5 cd/m2, the luminance of the legend should be at least 20 cd/m2. Lower contrast ratios reduce legibility and may not be acceptable, and contrast ratios as high as 50:1 may reduce legibility but could be quite Figure 6. Visual Field adequate under certain conditions. The Signage Sourcebook indicates that a contrast range of 4:1 to 15:1 is appropriate for most conditions (Signage Sourcebook 2003). However, objects outside the cone of vision can be detected in peripheral vision. When stationary, peripheral vision is al- The current draft of the model ordinance indicates that the most 180 degrees. As speed increases, the driver’s ability to contrast ratio shall be between 4:1 and 15:1. This is an accept- detect objects at the limits of peripheral vision decreases as able typical range for most conditions. As indicated in the indicated in Figure 6. The ability to detect a sign is related technical report, there is research to suggest that contrast to the sign luminance and any motion in the sign. Figure 7 ratios as high as 50:1 may be adequate, but only under certain illustrates the visual acuity associated with an object in the situations. With respect to the model sign ordinance, it would periphery and the luminance level (Olson 1996). In this fig- probably be appropriate to provide a mechanism where a ure, 20/20 acuity is represented by 1.0 and 20/40 acuity is variance can be obtained for signs that have contrast ratios represented by 0.5. greater than 15:1.

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 22 approximately 20 degrees. At an angle of about 10 degrees, the legibility efficiency is about 20 percent. These relationships indicate that the letter height does not need to be adjusted as long as the sign is oriented at an angle of 20 degrees or greater to the direction of traffic flow. However, this study also found that at the same observation angle of 30º, doubling letter height along with larger letter spacing, the amount of correctly read sign letters increased to 85 percent from 25 percent when letter height was small and letter spacing was tight. This implies that parallel sign legibility could be improved by increasing letter height and letter spacing between words/ letters. At the same viewing distance and using 75 percent correct criterion, the viewing angle of a sign with crowded letters was suggested to be increased by 15 degrees over that of the sign with uncrowded letters.

Research (Garvey, Zineddin, Porter, and Pietrucha, 2002) found that increasing the size of a parallel sign did not significantly increase the probability of it being detected. In that study, researchers measured the detectability and legibility of perpendicular and parallel signs. The parallel signs were two and three times the size of the perpendicular signs. The percentage of parallel signs that were not detected was sig- Figure 7. Relation between Eccentric Fixation and Acuity nificantly greater than for the perpendicular signs, even though the parallel signs were much bigger. This implies that increasing the size of the parallel signs cannot overcome the deficiency associated with orientation to the direction of traffic Sign Viewing Angle flow. Accordingly, the team believes that it is not appropriate (Parallel Sign Placement) to only adjust the letter height for parallel signs at this time. Instead, business owners and governing officials need to rec- Research by (Griffin and Bailey 2002) produced the relation- ognize the penalties associated with orienting a sign parallel ship shown in Figure 8. This figure indicates that the relation- to the direction of traffic flow. ship between the viewing angle and the legibility efficiency is not significantly affected until the angle to the traffic flow is More recent research (Garvey 2006) on parallel signage issue develop a mathematical model for determining letter heights on parallel sign taking account of optimal observation angle and sign reading speed. In his model, the optimal observation angle was assumed to be 30º, resulting in a 30-60-90º triangle that the lateral sign offset from the line of sight is half the maximum legible distance. To optimize sign reading speed to minimize driver distraction, the critical letter height proving the optimal reading speed was assumed to be three times of minimum legible letter height of perpendicular sign. That is, if 30 ft/in legible index is the size threshold for perpendicular sing, 10-ft/in legible index is used for parallel sign. Two equa-

Figure 8. Legibility Efficiency and Viewing Angle

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 23 tions were provided to calculate the letter height for parallel Technical Implications Associated with a sign, and a lookup table is also available from this study. Model Sign Ordinance

Equation #1: LH = (LN * 10 + LO) / 5 It is not possible to succinctly describe all of the previous Equation #2: LH = (LN * 10 + LO) / (LI/6) visibility research and related technical issues that might be where: used in the development of a model sign ordinance. In part, LH is letter height in inches. this is due to the fact that there are a multitude of approaches LN is the number of lanes of traffic. to the structure of a model sign ordinance, depending upon LO is the lateral offset from curb in feet. the desired framework of the ordinance. The following LI is the legibility index from Table 4. points define a starting point for the technical structure of the model ordinance.

Physical sign characteristics that should be addressed in a model ordinance include: • Minimum content size. The minimum size of the text and/or symbol in the sign as a function of road speed and the position of the sign relative to the target viewing location. The minimum size may be defined in terms of critical detail, minimum stroke width, minimum letter height, or minimum size of viewing arc. It may be appropriate to have adjustments to the minimum size if the message characteristics are below some threshold condition (such as a script font). • Amount of information. In order to establish controls on the size of signs, it may also be appropriate to define the amount of information that can be presented in a sign. The amount of information defines the length of time required to read the sign. The more information presented, the further away the sign must be read, increasing the minimum size of the sign. • Minimum luminance. This would apply only to signs that are internally or externally illuminated. Internal or external illumination should be required only for those signs that are intended for viewing at night. • Minimum contrast. This would establish a minimum contrast level that is based on the luminance differences within a sign. • Orientation to roadway. The orientation of a sign to the viewing direction affects its legibility. As the orientation Table 4. Parallel Sign Letter Index Selection Table angle increases, the size of sign features also need to increase to maintain the same degree of legibility.

A more efficient way of improving parallel sign conspicuity Environmental factors that should be addressed in the model might be providing optimal intercharacter spacing or an ordinance include: optimal combination of spacing and letter height. But such • Intended viewer. To define sign characteristics, it is nec- quantitative requirement on letter spacing or combination of essary to first establish the intended viewing conditions spacing and letter height needs to be identified through fur- for the sign. This primarily is a decision on whether the ther research. critical observer is a driver or a pedestrian.

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 24 • Road characteristics. For signs intended to be viewed • Letter height as a function of Viewer Reaction Distance from a moving vehicle, the road speed and number of (VRD) and Legibility Index (LI). lanes affect the reading time, viewing distance, and • Sign size as a function of copy area. required maneuver. • Sign height as a function of blocked sight distance.

Other on-premise sign elements which could be in a model The USSC document does not distinguish between different sign ordinance could include: types of signs, such as wall signs, ground signs, roof signs, or • Sign type. There are many types of signs including projecting signs. Nor does the best practices document monument, pole, wall, projecting, roof, etc. present the information in tables that would be simple to • Maximum sign size and maximum content size. From apply to a variety of conditions. The USSC best practice a technical perspective, the larger a sign or the content is, document indicates that the sign recommendations are the more visible it becomes. The authors recognize that based on a series of USSC research reports prepared by the a local jurisdiction may want to establish a maximum size Pennsylvania Transportation Institute. In defining the best for signs and/or sign content. However, doing so is a practices, the document does not indicate the specific re- policy issue and beyond the scope of a technical review. search results that the recommendations are based upon. • Relation to other signs. The amount of information Using a combination of the recommendations contained in present in the visual field has an impact on the search the Urban Design Associates technical report and the USSC and identify abilities of drivers. In an environment with best practices guide, the team recommends the following a large number of brightly lit signs, a driver will have guidelines for developing minimum dimensions for letter more difficulty identifying a particular sign. However, height and overall sign size. establishing limits on the number of signs that can be placed in an area presents legal issues that are beyond the technical issues of conspicuity and legibility. BASIS FOR CALCULATING LETTER HEIGHT • Typeface issues. It is not possible to restrict typefaces to only those that are approved by a jurisdiction. Further- The minimum letter height required for sign legibility is a more, the purpose of the ordinance should not be to function of the distance at which the sign must be read. In define sign design to the level of detail that determines turn, this distance is a function of the amount of content in whether a sign is effective. The business owner and sign the sign, the speed of the vehicle as the driver reads the sign, fabricator have a responsibility to design a sign that is as and the legibility index of the sign copy. Equation 3 presents effective as possible with the general constraints estab- the basic formula for calculating letter height. Figure 9 illus- lished by the sign ordinance. In addition to the typeface, trates the application of the formula to a road situation. the model ordinance will not address letter spacing or the amount of white space that a sign is required to have.

Determining Letter Height and Sign Size for On Premise Signs

The minimum sign size charts are based on several research studies and findings conducted by the Pennsylvania State University. The PSU recommendations are contained in a document entitled “On Premise Signs: United States Sign Council Best Practices Standards. A Research Based Approach to Sign Size, Sign Legibility, Sign Height” (Bertucci, et. al 2003). This document contains guidelines for calculating the following on-premise sign factors:

Equation 3

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 25 In Figure 9, the line from the vehicle to the sign represents the hypotenuse of a triangle. One leg of the triangle is the distance from the vehicle to the sign perpendicular to the roadway (LN 12-6+LO in the formula) and the other leg of the triangle is the distance parallel to the traffic flow direction (1.47 SL VRT in the formula). Squaring each leg and taking the square root of the sum gives the direct line-of-sight between the vehicle and the sign.

Table 5. Viewer Reaction Time

Figure 9. Road Layout

The other factors that are needed to calculate letter height are the speed limit of the roadway, the Viewer Reaction Time, and the Legibility Index of the sign. The roadway speed limit is established by the local jurisdiction. The VRT is determined from Table 5 and is a function of the amount of information in the sign and the complexity of the environment in which the sign is located. One of the weaknesses of this VRT procedure is that the message scan time is based on a per word or per symbol quantity. This is not consistent with reading research. The body of knowledge on information processing typically addresses processing time as a function of units or bits of information in the message, not the individual elements of a message. However, this procedure provides a good substitute that is easily incorporated into the model sign code. An average legibility index of 30 ft/in is appropriate for use with most sign conditions. The legibility index should be multiplied by the factors in Table 6 when the conditions match those shown in the table.

Table 6. Adjustments to Legibility Index

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 26 BASIS FOR CALCULATING SIGN SIZE • The road has 4 lanes and no median. • Sign height is rounded to the nearest whole inch and The USSC best practice for determining minimum sign size sign area is rounded to the nearest whole square foot (up is based on using the number of letters in the sign to define or down as appropriate). the total copy area and then using a multiplier to get the total sign size (Bertucci, et. al 2003). The procedure is listed below and is recommended by the team for the model sign code.

1. Establish the letter height using Equation 3. 2. Determine the Single Letter Area. This can be done by squaring the letter height in inches to obtain the area occupied by single letter and its adjoining letterspace. This total is divided by 144 to obtain the Single Letter Area in square feet. 3. Determine Copy Area (Single Letter Area in square feet total number of letters plus area of any symbols in square feet). Table 7. Minimum Sign Size and Letter Height 4. Determine Total Sign Area by multiplying the Copy Area Based on Assumptions by 2.5 (Sign Area 2.5).

This procedure is based on the following assumptions which may not be accurate representations of actual sign science: SIGN HEIGHT • Area of individual letters (including inter-letter spacing) The authors were able to identify two criteria for defining a is the same as the letter height. maximum sign height as indicated below. • The total sign area should be designed so that it is 40 percent copy area and 60 percent blank space (negative The Manual on Uniform Traffic Control Devices (2003) in- area). cludes guidance for defining the maximum height of traffic signals at an intersection so that they are not out of view of a driver stopped at an intersection. This criterion is based on SUMMARY TABLES FOR LETTER HEIGHT an angle of 20° from the driver’s eye height. The angle is de- AND SIGN SIZE fined by the point at which a signal would be lost in the upper portion of the windshield where the line-of-sight could Table 7 presents a summary for letter height and sign size be blocked by the vehicle roof, a visor, or the darker tinting based on some basic assumptions. The assumptions are on a windshield. listed below. The minimum letter heights and sign sizes that The USSC Best Practices Standards indicates that an angle result from these assumptions are not sensitive to the num- of 5-8° has been found in previous research. The best prac- ber of lanes or the lateral offset. The results shown in Table tices document indicates an angle of 5° should be used. This 7 would be the same for 2, 4, or 6 lanes and for lateral sign angle is based on locating the sign within the cone of vision. offset of 15 to 30 ft. Equation 4 is used to calculate the maximum sign height • A legibility index of 30 ft/in is used for all road speeds using the vertical angle, letter height, and legibility index as and sign applications. inputs. This formula is based on the assumption that the • The number of letters in a sign is 25 for speeds of 30, letter height is properly determined for the viewing distance. 45, and 65 mph. The sign is all text with no symbols or The maximum sign height is the distance to the top of the graphics. sign to ensure that the entire sign is located within the • The sign is oriented perpendicular to the direction of traffic. driver’s visual field. • The center of the sign is located 20 ft from the edge of the road.

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 27 Solution: The distance from the center of the sign to the center of the far lane is: • 6 12-6+16=82 ft.

The distance from the sign to the point at which the driver needs to be able to read the sign (Visual Reaction Distance) is: • 1.47 45 (7+0.14 10)=555.66 ft

The line of sign from the vehicle to the sign is: Equation 4. •822 + 555.562 = 561.68 ft

Using a legibility index of 30 ft/in, the minimum letter height is: For a vertical viewing angle of 5° and a driver eye height of • 561.68/30=18.7 inches, use 19 inches. 3.5 ft, Equation 4 can be shorted to that shown in Equation 5. Table 8 summarizes the results of applying this table to a The minimum sign size area is: range of letter heights based on a legibility index of 30 ft/in. • 192/144 10 2.5=62.7 ft2, use 63 ft2

Maximum sign height, based on a 5° vertical angle, is: • 0.087 19 30+3.5=53.1 ft, use 53 ft

Equation 5. Technical Information Related to Electronic Message Displays

Electronic Message Displays (EMDs), which are also referred to as electronic message centers or electronic changeable copy signs, are a type of private sector sign that may require special treatment in the development of a model sign ordinance. These signs have unique capabilities to provide a variety of messages Table 8. Maximum Sign Height Guidelines in a range of formats. At the low end of the technology scale, these signs use a matrix arrangement to present text and simple graphics. The message or messages may be displayed EXAMPLES FOR USING THE FORMULAS in a static mode or may scroll or flash. At the high end of the AND TABLES technology scale, these signs are capable of providing television quality types of images. The following presents an example of how to use the information in this document to determine the appropriate minimum The use of large EMDs is more common for off-premise signing, letter height, minimum sign size, and maximum sign height typically in billboard-type applications. On-premise use of given inputs that represent the viewing environment. EMDs is more commonly limited to static, scrolling, or alternating messages. The technology for EMDs is far ahead of Given: the research on their impacts and guidelines for use. A 2005 • An arterial roadway with three lanes in each direction report by the United States Sign Council (Garvey and and a 16 ft raised median. Pietrucha 2005) indicated that “there has been little research • The speed limit on the road is 45 mph. conducted specifically on commercial EMCs.” As such, this • The center of the sign is assumed to be located 30 ft Technical Report and model sign code contains relatively little from the edge of the road. information regarding these types of signs. • The sign is in an area with little competition for the driver’s visual attention. • There are 10 letters and no graphics in the sign.

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 28 References

Bertucci, A.D., R.B. Crawford, P.M. Garvey, P.J. Tantala, and Garvey, P.M., M.T. Pietrucha, S. Damin, and D. Deptuch. M. Moir. On Premise Signs, United States Sign Council Internal vs. External On-Premise Sign Lighting: Visibility and Best Practices Standards. A Research Based Approach Safety in the Real World, United States Sign Council To: Sign Size, Sign Legibility, Sign Height. United States Foundation, February 2009. Sign Council, 2003. Garvey, P.M., M.T. Pietrucha. Electronic Message Center Carlson, P.J. and H.G. Hawkins, Jr. Minimum Retroreflectivity Research Review. United States Sign Council, Bristol, PA, Values for Overhead Guide Signs and Street Name Signs. 2005. Research Report FHWA-RD-03-082, Federal Highway Griffin J.R. and J.E. Bailey. Horizontal Obliquity: Word Readability Administration, McLean, Virginia, December 2003. and Logo Identification, 2002. Forbes, T.W., and R.S. Holmes. Legibility Distances of Highway Gordon, D.A. Night Visibility of Overhead Guide Signs: A Review Destination Signs in Relation to Letter Height, Width, and of the Literature. FHWA-RD-84-087, Federal Highway Reflectorization. In Highway Research Board Proceedings, Administration, Washington, D.C., October 1984. Highway Research Board, Washington, D.C., Vol. 19, Guide to Traffic Engineering Practice – Part 8 – Traffic Control 1939, pp. 321-335. Devices. AUSTROADS Publication Number AP-11.9/88, Forbes, T.W., K. Moscowitz, and G. Morgan. A Comparison of Sydney, Australia, 1988. Lowercase and Capital Letters for Highway Signs. In Pro- Hawkins, Jr., H.G., M.D. Wooldridge, A.B. Kelly, D.L. Picha, ceedings of the 30th Annual Meeting of the Highway and F.K. Greene. Legibility Comparison of Three Freeway Research Board, Highway Research Board, Washington, Guide Signs Alphabets. Research Report 1276-1F, Texas D.C., 1951, pp. 355-373. Transportation Institute, College Station, Texas, May 1999. Garvey, P.M., A.Z. Zineddin, R.J. Porter, and M.T. Pietrucha. Jenkins, S.E. and F.R. Gennaoui, Terminal Values of Road Real World On-Premise Sign Visibility: The Impact of the Signs, Australian Road Research Board Ltd (ARRB), Driving Task on Sign Detection and Legibility, United States Special Report 49, Victoria, Australia, 1991. Sign Council Foundation, 2002. Mace, D.J., R.S., Hostetter, L.E. Pollack, and W.D. Sweig. Garvey, P.M. Environmental Impact of On-Premise Identification Minimal Luminance Requirements for Official Highway Signs. Sign Lighting: with Respect to Potential Light Trespass, Sky FHWA/RD-86/151, Federal Highway Administration, Glow and Glare. United States Sign Council Foundation Washington, D.C., 1986. Inc., 2004 Manual on Uniform Traffic Control Devices, United States Garvey, P.M. C. Ramaswamy, R. Ghebrial, M. De la Riva, Department of Transportation, Federal Highway and M.T. Pietrucha. Relative Visibility of Internally and Administration, Washington, D.C. 2003, Externally Illuminated On-Premise Signs, United States Sign http://mutcd.fhwa.dot.gov, accessed October 20, 2007. Council Foundation, 2004. Manual on Uniform Traffic Control Devices, United States Garvey, P.M. On-Premise Signs Determination of Parallel Sign Department of Transportation, Federal Highway Legibility and Letter Heights, United States Sign Council Administration, Washington, D.C. 2009, Foundation, 2006. http://mutcd.fhwa.dot.gov, accessed January 31, 2011. Garvey, P.M., M.T. Pietrucha and I. Cruzado. The Effects of Olson, P.L.. Forensic Aspects of Driver Perception and Response. Internally Illuminated On-Premise Sign Brightness on Night- Lawyers and Judges Publishing Company, 1996. time Sign Visibility and Traffic Safety, United States Sign Council Foundation Inc., December. 2008 The Signage Sourcebook: A Signage Handbook, First Edition. U.S. Small Business Administration, Washington, D.C., The Signage Foundation for Communication Excellence, Sherwood, Oregon, 2003.

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 29 Sivak, M. and P.L. Olson. Optimal and Minimal Luminance Characteristics for Retroreflective Highway Signs, In Transportation Research Record 1027, Transportation Research Board, National Research Council, Washington, D.C., 1985. Special Report No. 218, Volumes 1 and 2: Transportation in an Aging Society: Improving Mobility and Safety for Older Persons. Transportation Research Board, National Research Council, Washington, D.C. 1988. Texas Highway Operations Manual. Research Report 1232-3, Texas Transportation Institute, College Station, Texas 1992. Transportation Research Circular 297: Providing Visibility and Visual Guidance to the Road User. Transportation Research Board, National Research Council, Washington, D.C., December, 1985.

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 30 Model Sign Code

Prepared by Dawn Jourdan, esq, Ph.D.

H. Gene Hawkins, Jr., Ph.D., P.E.

Kimberly Winson-Geideman, Ph.D.

Robin Abrams, Ph.D.

In Cooperation with Urban Design Associates College Station, Texas

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 31 Model Sign Code

Section 1. Purpose of Model Sign Code Author’s Note: In drafting this code, UDA focused its efforts on developing a sign ordinance that specifically regulates those The primary purpose and intent of this model sign code outdoor signs that might appear on a commercial property, or in is to assist municipal and regulatory agencies to regulate the windows of a commercial establishment which are otherwise on-premise signs in a legal and reasonable manner that known as on- premise commercial signs. While most of these promotes economic vitality, public safety and ensures signs will seek to advertise the business or product sold on the compliance with constitutionally protected First Amend- site, the provisions of this code do not regulate on the basis of ment rights. The code seeks to reduce subjectivity often content or the message and, therefore, apply equally to non- encountered in the regulation of signage that is either based commercial messages which might appear on such signs. on aesthetics or lacking in substantiation by providing a set of quantitative and researched-based criteria to support restriction on signage that take into account minimum Section 3. Prohibited and Exempt Signs scientific requirements for providing signage that meets a. The following signs shall not be allowed pursuant to generally accepted safety standards for visibility, legibility the terms of this Model Sign Code: and conspicuity. i. Abandoned signs; Authors’ Note: Urban Design Associates’ primary purpose is ii. Snipe signs or signs attached to trees, telephone twofold: First, the Model Sign Code is an effort to recognize poles, public benches, streetlights, or placed on a long line of case law, often forgotten by code drafters, which any public property or public right-of-way; and treats on-premise signs as constitutionally protected commercial speech. In addition, the Model Sign Code seeks to promote iii. Signs placed on vehicles or trailers which are public safety by providing guidelines for the construction of on- parked or located for the primary purpose of premise signage which ensure visibility to passersby. See Chapter displaying that sign. 1 for a further discussion of the evolution of the standard of b. The following signs shall be exempt from the provisions review which applies to commercial signs. The regulations contained of this Model Sign Code and construction will within are based on the best available research regarding be permitted without a permit: the effective and safe display of on-premise commercial signs i. Holiday or special events signs; and current case law. ii. Nameplaces of two square feet or less; Section 2. Application iii. Political signs; and iv. Public signs or notices. The model sign code applies to the construction and use of all on-premise signs, as more fully defined in Section 3 v. Sign face charges of legally conforming signs below, and those of an ancillary nature.

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 32 Section 4. Definitions Contrast: The difference or degree of difference in the appearance of adjacent surfaces, such as light and dark Abandoned Sign: A sign whose message describes the areas, different colors, or typefaces, and graphics appearing availability of goods or services at a location where such on various backgrounds. goods and services are no longer available and have ceased to be available for a period of at least 60 days or, Copy: The words and/or message displayed on a sign. in the alternative, a sign which is non-commercial in nature Copy Area: That area which displays the actual copy on a sign. and the content of the sign pertains to a time, event or purpose which has elapsed or expired in the preceding Development Sign: A temporary construction sign denoting 60 days. Such abandonment should include intentional the architect, engineer, contractor, subcontractor, financier conduct, such as failure to pay taxes or permit fees, or to or sponsor of a residential or commercial development maintain the sign, or a negligent failure to do so. which may also designate the future occupant or use of the development. Animated Sign: A sign depicting action, motion, light, or color changes through electrical or mechanical means. Directional Sign: Signs designed to provide direction to Although technologically similar to flashing signs, the pedestrian and vehicular traffic. animated sign emphasizes graphics and artistic display. Dissolve/Appear: A mode of message transition on an Awning Sign: A building mounted sign that provides addi- Electronic Message Center accomplished by varying the tional functionality as shelter. light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneously Banner: A sign made of fabric or other non-rigid material with the gradual appearance and legibility of the second with no enclosing framework. message.

Changeable-Copy Sign: A sign or portion thereof on which Electronic Message Display: A sign capable of displaying the copy or symbols change either automatically though words, symbols, figures or images that can be electronically electrical or electronic means (for example, time and or mechanically changed by remote or automatic means. temperature units), or manually though placement of letters or symbols on a panel mounted in or on a track Event Sign: A temporary sign, other than a commercial system. sign, posted to advertise an event sponsored by a public agency, school, church or religious institution, civic-fraternal Channel Letter: A fabricated or formed three-dimensional or other organization. letter that may accommodate a light source. Fade/Appear: A mode of message transition on an Electronic Cone of Vision: The area that is clearly visible to a driver, Message Center accomplished by varying the light inten- generally described as a “fan-shaped envelope” preceding sity, where the first message gradually reduces intensity to the driver which allows the driver to safely see and observe the point of not being legible and the subsequent message moving objects and persons in front of and to the imme- gradually increases intensity to the point of legibility. diate left and right of the driver. Fascia Sign: A building mounted sign. Complying Sign: A sign that is legally installed in accordance with federal, state, and local permit requirements and Freestanding Sign: A sign that is not attached to a building. laws. Ground Sign: A freestanding sign with a visible support Conspicuity: The capacity of a sign to stand out or be structure. distinguishable from its surroundings and thus be readily discovered by the eye. It is the noticeable contrast between Inflatable Device: A sign that is a cold air inflated object, a sign and its background, attributed to an exogenous which may be of various shapes, made of flexible fabric, (unplanned) or endogenous (planned) mindset, with the resting on the ground or structure and equipped with a display having features that attract attention to the sign. portable blower motor that provides a constant flow of

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 33 air into the device. Inflatable devices are restrained, Organization: An entity, including a natural person, which attached, or held in place by a cord, rope, cable or similar owns or operates the premises where an on-premise sign method. is displayed.

Internally illuminated Sign: A sign that has the light Pennant: a triangular or irregular piece of fabric or other source enclosed within it so the source is not visible to material, commonly attached in strings or strands, or the eye. supported on small poles intended to flap in the wind.

Illuminated Sign: A sign with electrical equipment installed Permanent Sign: A sign attached to a building or structure, for illumination, either internally illuminated through its or to the ground in a manner that enables the sign to sign face by a light source contained inside the sign or resist environmental loads, such as wind, and that pre- externally illuminated by reflection of a light source cludes ready removal or movement of the sign and whose aimed at its surface. intended use appears to be indefinite.

Legibility: The physical attributes of a sign that allow for Pole Sign: A freestanding sign with visible support structure. differentiation of its letters, words, numbers, or graphics, Primary Copy: The words or message on a sign meant to be which directly relate to an observer’s visual acuity. read by passersby travelling at the posted speed limit. Luminance: An objective measurement of the brightness of Projecting Sign: A building mounted sign with the faces of illumination, including illumination emitted by an elec- the sign projecting 12 inches or more from and generally tronic sign, measured in candles per square foot (cd/ft2). perpendicular to the building fascia, excepting signs Marquee Sign: A sign mounted on a permanent canopy. located on a canopy, awning, or marquee.

Multi-Tenant Sign: A freestanding sign used to advertise Pylon Sign: A freestanding sign with a visible support businesses that occupy a shopping center or complex structure, which may or may not be enclosed by a pole with multiple tenants. cover.

Municipality: The body of officers, taken collectively, Readability: That which enables the observer to correctly belonging to a city, town or village, who are appointed to perceive that information content of letters, numbers or manage its affairs and defend its interests. symbols grouped together in words, sentences, or other meaningful relationships on the sign. Readability is the Noncomplying Sign: A sign that was legally erected and character of a sign which leads to the observer’s compre- maintained but does not currently comply with sign hension of its intended message, and depends on legibility restrictions because such restrictions were enacted after and other considerations of contents and time restraints. the sign was originally permitted and installed. Real Estate Sign: A temporary sign advertising the real Off-Premise Sign: An outdoor sign whose message directs property upon which the sign is located for rent, for attention to a specific business, product, service, enter- lease, or for sale and providing the name and location of tainment event or activity, or other commercial or non- the owner or his agent. commercial activity, or non-commercial message about something that is not sold, produced, manufactured, Roof Sign: A building-mounted sign erected upon, against, furnished, or conducted at the property upon which the or over the roof of the building. sign is located. Also known as a third party sign, billboard, Rotating Sign: Sign faces or portions of a sign face which or outdoor advertising. mechanically revolves around a central axis as opposed to On-Premise Sign: A sign whose message and design relates revolving around an imaginary axis created by a pattern of to an individual business, profession, product, service, alternating lights which convey an appearance of rotation. event, point of view, or other commercial or non-com- Scroll: A mode of message transition on an Electronic mercial activity sold, offered, or conducted on the same Message Center where the message appears to move property where the sign is located. vertically across the display surface.

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 34 Secondary Copy: The words or messages on a sign which Section 5. Permitting are meant to be read by automobiles that are idling or parked along a road way. a. Applicants who wish to erect new on-premise Permanent, or Temporary, signs or those seeking to significantly Sign: Any device, structure, fixture, painting, or visual modify (i.e., a modification that costs 50% or more than image using words, graphics, symbols, numbers, or letters the replacement cost of the original sign) existing signs designed and uses for the purpose of communicating a must obtain permission from the Municipality prior to message or attracting attention. installation/modification of the signs.1 Review of applica- Signage: A community’s inventory of signs used to commu- tions for sign permits shall be concurrent in the instance nicate information or attract attention, including signature that multiple departments must approve applications. building, product displays, and dispensers, as well as b. In order to apply for a sign permit, the applicant traditional projecting, wall, roof, and freestanding signs. must provide the following information, in writing, (See signature building.) to the Municipality:

Signature Building: A building architecturally designed i. Name of organization and location. and/or painted or decorated to reinforce individual recognition of a traditional sign’s message, the identify ii. Contact person. of its speaker or sponsor of a display; it also reinforces iii. Address and phone number for contact person. major media advertising programs. iv. Description of the activities occurring on the site Snipe Sign: A temporary or permanent sign tacked, nailed, where the sign will be installed. posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, or other objects. v. Description of any existing signage that will remain on the site. Temporary Sign: Any sign intended to remain in use for a short period of time which is not permanently installed. vi. Identification of the type of sign/signs to be erected by the applicant. Transition: A visual effect used on an Electronic Message Center to allow one message to disappear while it is vii.Site plan depicting the locations of proposed simultaneously being replaced by another. signage and existing remaining signage.

Visibility: The physical attributes of a sign and its contents viii. Scale drawings of the proposed signage. that allow for detection at a given distance, although ix. Written description explaining the drawing of the legibility may be uncertain. proposed signage, including a detailed description Wall Sign: A building-mounted sign which is either attached of materials, colors, and letter height, type and to, displayed, or painted on an exterior wall in a manner style. parallel with the wall surface, and not projecting more c. Upon submission of the written application, the than 16 inches from such surface (See fascia sign). Municipality shall have 10 business days to review Window Sign: A sign that is painted on, attached to, or the application for a sign permit.2 suspended directly behind or in front of a window or the glass portion of a door.

Author’s Note: Most of the definitions provided in this section were 1 The term Municipality is used throughout this ordinance to represent the entity prepared by the Signage Foundation for Communication Excellence that will serve as the permitting official for the ordinance. Users of this ordi- in an October 2003 publication entitled, The Signage Sourcebook. nance should identify and modify this model code to designate the official charged with this task. Given the complexity of some municipal review Where necessary, some terms have been replaced or modified. processes, it may be necessary to designate multiple reviewing entities.

2 The model code should be modified to define an application review period that reflects the complexity of the municipality’s review process and the number of departments involved in the review of applications for sign permits.

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 35 d. A permit shall be issued on or before the end of the Author’s Note: The application process for sign permits can be 10 business day review period if the application for both confusing and cumbersome. Sign ordinances often leave a new sign or renewal complies with the regulations too much room for administrative discretion, resulting in a contained in this Model Sign Code. variety of due process violations, including prior restraint and unbridled discretion, as more fully described in Chapter 1. In e. If the Municipality does not issue a determination addition, decision-making processes can result in added delay within the 10 business day period, the sign permit is and expense. This section of the Model Sign Code attempts to deemed approved. clarify and expedite the administrative process, leaving only f. An application for a sign permit may be denied by a small window for administrative discretion with regard to the Municipality within the 10 business day review specially permitted signs. period if the application fails to comply with the standards contained in this ordinance. The Municipality Section 6. Permanent Sign Regulations shall inform the applicant of the reasons for denying the application for sign permit by certified mail. a. Permanent signs include, but are not limited to the following types of signs: wall signs, roof signs, g. Upon denial of an application for a sign permit, the projecting signs, ground and pole signs, multi-tenant applicant has 15 business days to revise and resubmit signs, awning signs, electronic message centers, and the application for review by the Municipality. In the monument signs. alternative, the applicant may also appeal the decision of the Municipality to the City Council within i. Number of Signs: Each business is entitled to display the 15 business day time period. The City Council, at least two permanent signs. at its next regularly scheduled meeting, shall review ii. Sign size shall be determined as follows: the Municipality’s denial of said application. a) Establish the letter height: Determinations as to h. The City Council shall review the application on its the appropriateness of letter height shall be made face with no deference to the final determination on the basis of the formula established below: made by the Municipality and it will make independent findings in assessing the adherence of the application to the provisions of the ordinance. If the City Council finds the application meets the requirements of this Code, it will direct the Municipality to promptly issue the permit. i. Upon a final determination by the City Council, unsuccessful applicants may seek to appeal to the courts. j. The application fee for each sign permit sought is $______.3 The fee for appeal of a sign permit denial is $______. k. These permits shall not expire providing that such signs are not abandoned or destroyed. In the instance that substantial repair or replacement becomes necessary (i.e., repairs that cost more than 50% of the replacement cost of the damaged sign), the organization must apply for a new sign permit, the fee for

which is $______. 3 The permit fee shall reflect the true costs associated with the review of the application and not constitute a general revenue-raising measure for the Municipality.

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 36 b) Single Letter Area: Determine the Single Letter • The center of the sign is located 20 ft from the Area by squaring the letter height in inches to edge of the road. obtain the area occupied by single letter and its • The road has 4 lanes and no median. adjoining letterspace. This total is divided by 144 • Sign height is rounded to the nearest whole to obtain the Single Letter Area in square feet. inch and sign area is rounded to the nearest whole square foot (up or down as appropriate). c) Copy Area: Determine Copy Area by multiplying the Single Letter Area in square feet with the total number of letters plus area of any symbols in square feet.

d) Total Sign Area: Determine Total Sign Area by multiplying the Copy Area by 2.5 (Sign Area × 2.5).

e) The sign size standards in this code are designed for static, traditional signs. Variations from this standard will be permitted by variance upon the applicant’s production of evidence showing that circumstances require deviation from this standard to enhance the visibility, conspicuity, and legibility of the sign.

iii. Sign Angle: The visibility and legibility of signs is improved when the sign is situated at an angle 20 degrees or greater to the traffic flow because scientific vi. Sign Height: The maximum sign height is the research indicates that attempts to improve distance to the top of the sign to ensure that the the efficiency of the sign by varying these requirements entire sign is located within the driver’s visual are unlikely to make up for efficiency losses field. Maximum sign height is a function of the caused by reducing the angle below 20 degrees. A vertical angle, letter height, and legibility index of sign that is perpendicular to the direction of traffic a sign. The table below determines maximum sign has an angle of 90 degrees. Applicants seeking height based on a legibility index of 30 ft/in. to erect a sign with an angle less than 20 degrees must seek a variance. Wall signs are excluded from the sign angle requirement.

iv. Minimum sign size shall be a function of speed (mph) and viewer reaction time (sec), as more fully detailed in the table below. This table is based on the following assumptions: • A legibility index of 30 ft/in is used for all road speeds and sign applications. • The number of letters in a sign is 25 for speeds vii.Secondary Copy: Secondary copy may be included of 30, 45, and 65 mph. The sign is all text with no on signs provided that it covers less than symbols or graphics. fifty percent of the copy area available for primary • The sign is oriented perpendicular to the direction copy and that the letter height is no less than onehalf of traffic. the size permitted for primary copy.

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 37 b. Wall signs d. Ground (Pole or Pylon) signs

i. A permit may be obtained to erect multiple wall signs on each wall facing a street or public right-of-way, excluding those walls abutting single or multifamily i. One ground (pole or pylon) sign is permitted for each residential land uses. Such wall signs shall structure with accessible street frontage. meet the letter height and sign size requirements defined in subsection 6a based on the speed of the ii. Ground (pole or pylon) signs are permitted in lieu of facing roadway. The total area of all wall signs on roof and projecting signs. such a wall shall occupy no more than 50 percent iii. Ground (pole or pylon) signs may be internally or of the total wall area. externally illuminated. ii. Wall signs may be internally or externally illuminated. iv. Ground signs may revolve. c. Projecting signs e. Roof signs

i. An organization which inhabits a structure with i. One projecting sign shall be permitted for each accessible street frontage shall be permitted to erect structure with accessible street frontage in lieu of a one roof sign as a permanent sign. ground or roof sign. ii. Roof signs may not be displayed on properties ii. Projecting signs may be illuminated. Those projecting displaying ground or projecting signs. over a parkway must be internally illuminated. iii. Roof signs may be internally or externally iii. Projecting signs may revolve. illuminated.

iv. Projecting signs must have a minimum clearance iv. Roof signs shall be setback a minimum of three of 8 feet from the bottom of the sign to the grade feet from the edge of the exterior wall on which below. the sign is located.

v. Projecting signs may be located no closer than 10 feet to each other.

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 38 f. Multi-tenant Signs g. Electronic Message Centers (EMCs)4

i. Such displays may include messages that are static, messages that appear or disappear from the display through dissolve, fade, travel or scroll modes, or similar transitions and frame effects that have text, animated graphics or images that appear to move or change in i. One multi-tenant commercial sign shall be size, or be revealed sequentially rather than all at once. permitted per business complex. ii. Zoning: Only static electronic message centers may be ii. A minimum separation of fifty (50) feet shall be erected in residential areas. All types of electronic maintained between all other pole signs, multitenant message centers shall be permitted in areas designated commercial signs and off premise signs. for commercial and industrial activities. iii. Multi-tenant commercial signs shall be located iii. All electronic message centers shall be equipped within the business complex for which they advertise with automatic dimming capabilities. and only tenants of that business complex may advertise on the sign. Any business advertising h. Awning signs on a multi-tenant commercial sign may not have a pole sign on its property located within the associated business complex.

iv. Signs for individual tenants in a multi-tenant sign shall meet the minimum letter height and minimum sign size requirements in subsection 6a. The maximum area expressed in square feet for a sign shall be calculated by multiplying the frontage by 2.

v. Organizations advertizing on a multi-tenant sign may erect a second sign on the premises with the exception of a pole sign. i. An organization which inhabits a structure with accessible street frontage shall be permitted to erect one awning sign.

ii. Awning signs may be illuminated.

iii. The size of the awning shall be determined by applicable zoning regulations.

iv. The size of the text on the awning sign shall be based 4 Due to the lack of scientific evidence available regarding how specific EMC message on the requirements set forth in Section 6a of this time intervals affect human reading and comprehension abilities, this model sign code does not offer any recommended time intervals for commercial EMCs. Model Sign Code.

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 39 i. Monument Signs type while seeking to lessen the potential impacts or perceived impacts they cause. The choice to allow the construction of static EMCs in residential areas only is a public policy decision. Communities must explore their own needs in making decisions regarding the appropriate location and type of EMCs which will be permitted.

Section 7. Temporary Sign Regulations

a. A permit must be obtained for the display of temporary i. Signs located outside the cone of vision are only signs. permitted by the application for and grant of a variance.5 b. Temporary signs are signs not intended for permanent Authors Note: Given modern complex nature of messages conveyed installation which are to be used for a limited amount of by on premise signs, the model sign code distinguishes between time. Types of temporary signs include, but are not limited primary and secondary copy. It is important to note, however, that to: real estate signs, construction site signs, banners, this distinction is not scientific. Rather, it reflects a public policy pennants, flags, and streamers, inflatable displays, special modification. The secondary copy requirements are not designed to event signs, advertising vehicles and development signs. produce copy that may be read by automobiles passing at the posted speed limit. Rather, such copy will likely only be readable to pedestri- c. Temporary signs shall be setback at least three feet from ans, and idling or parked cars. Given the limited value of secondary the public right-of-way and comply with all of the appli- copy, Municipalities should encourage sign owners to use it sparingly. cable regulations pertaining to size set forth in Section 6.

Authors Note: The scientific standards upon which these guidelines d. The number of Temporary signs shall not exceed three at are sophisticated. They require a Municipality to develop specialized any given period of time. knowledge in their operation. It is the complexity of these formula, we believe, that will allow such standards to survive judicial scrutiny by e. A temporary sign may only be displayed for thirty calendar replacing blanket, baseless requirements with those that are specific days. Applicants may renew permits for the display of to the conditions of the site where a given sign is to be erected. temporary signs for two additional thirty day periods.

Authors Note: The guidelines contained in this ordinance do not seek to create any sort of overlay zoning that would allow Municipalities Section 8. Variances to create districts with specialized signage requirements that would A variance may be sought for the construction of a sign, create a specified aesthetic. Such regulations are not necessarily Permanent or Temporary, which does not comply with the based on the scientific standards on which this code is based. If requirements established in Sections 5 and 6 of this Model Municipalities wish to pursue this end, they should be careful to Sign Code. A variance will be granted if the applicant can craft regulations which do not overly restrict the right to advertize demonstrate the following criteria: nor do they create new safety concerns. a. The application of the Model Sign Code would substan- Authors Note: Electronic message centers are a relatively new sign tially limit the applicant’s ability to put the property to type that has not fully been explored by the scientific community. its highest and best use; Given the rising popularity of this sign type as well as efforts by some Municipalities to block their installation, the aforementioned b. Neighboring property owners would not be detrimentally EMC requirements have been drafted to permit the use of the sign harmed by the grant of the variance; and

c. The hardship suffered is unique to the property and was

5 Due to the nature of their construction, monument signs sit very low to the not created by the applicant for the variance. ground, lower than the eight foot height requirement contained in this Model Sign Code. Their visibility can be limited by passing traffic, parked cars, and The Municipality may impose conditions on the variance, other types of screening. Similarly, high-rise signs outside the scope of the Sign Height calculations listed in Section 6 (vi) of this model sign code also fall outside as necessary, to further the purpose of the Model Sign Code the cone of vision. Those wishing to advertise their business should consider and other applicable Municipal ordinances. erecting other forms of signage with better visibility.

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 40 Section 9. Sign Maintenance deemed necessary by the organization, the organization shall be required to obtain a permit to perform any type of main- All signs, including noncomplying and abandoned signs, tenance, excluding normal replacement of sign faces, lamps, must be maintained in a condition which is safe and appears ballasts, and timers. Noncomplying sign faces shall be changed as originally permitted. The Municipality shall issue a notice of as needed so long as size and configuration remain as originally violation for all signs violating the provisions of the ordinance. permitted. Sign structures may be repainted as needed. Permits The organization shall have 10 business days to correct the will be required for all maintenance work with the exception violation. Organizations may seek an extension of time from of normal replacement of lamps, ballasts, timers and damaged the Municipality to correct the violation. Such extensions sign faces. Any structure being structurally modified at a will be granted if there is evidence that the organization is cost exceeding 50% of the replacement cost of the sign as to working to correct the violation. If the organization fails to size, additions or configuration must be immediately correct the violation within the 10 day period or to obtain brought into compliance with local ordinances. an extension, the Municipality may, upon inspection, issue a notice compelling the removal of those signs which continue Author’s Note: In an effort to encourage municipalities to regard to be in violation of this provision of the Model Sign Code. signs as speech rather than land uses, UDA has replaced the common The owner or agent may challenge the notice compelling the term, nonconforming use, with the term, noncomplying sign. A non- removal of the sign by (1) filing an engineer’s report stating complying sign is one that does not conform to sign regulations at the the condition of the sign with the Municipality within 30 time such regulations are enacted. Noncomplying signs, similar to business days of receipt of the written notice of the violation, nonconforming uses, shall be allowed to continue operation until such or (2) appealing to the City Council in the manner described time that the sign is no longer owned or operated by the organization in Section 5. Upon review of a favorable report by the engi- controlling the sign at the time it became noncomplying. Substantial neer, the Municipality shall work with the organization to re- modifications to size or sign configuration will trigger the need to pair its sign. In the case where the engineer’s report confirms bring the noncomplying sign into conformity with existing regulations. the Municipality’s inspection report, the building inspector shall serve a second written notice compelling removal of the Section 11: Sign Contractor’s License and sign at owner’s expense within 30 business days receipt of Insurance said notice. Failure to remove the sign in a timely fashion shall result in a fine of $______per day for each and every A sign may not be erected, altered, relocated, constructed, or day the sign remains. Upon the issuance of a third citation, maintained without a valid contractor’s license and all required the Municipality may revoke the organization’s permit to state and federal licenses. Those holding contractor’s licenses maintain the sign. Once a permit has been revoked, the must have a current certificate of insurance on file which organization must apply for a permit to reinstate the use of indemnifies the Municipality for any form of liability. its signs or to install a complying replacement signs in the case of noncomplying signs. All electric signs should be constructed according to the technical standards of a certified testing laboratory. Section 10. Noncomplying Signs Section 12: Indemnification Any sign that is not in compliance with the provisions of the Model Sign Code upon its enactment shall be deemed a The Municipality, its officers, agents, and employees shall be noncomplying sign. All noncomplying signs shall be allowed to held harmless against any and all claims resulting from the continue until such time that the organization owning the erection, alternation, relocation, construction, or maintenance property where the sign is located no longer owns or operates of on-premise commercial signs legally allowed as a result of the noncomplying signs. All signs, including noncomplying this Model Sign Code. signs, must be maintained in accordance with all state and local ordinances. If structural alteration or replacement is

A Legal and Technical Exploration of On-Premise Sign Regulation: An Evidence Based-Model Sign Code 41 Section 13. Violations

The placement of any Permanent or Specially Permitted sign without a sign permit shall be unlawful. Violations of this ordinance shall be treated as strict liability offences regardless of intent. Violators will be fined $_____ per day per sign displayed in violation of this ordinance.

Section 14. Severability

If any section or subsection of this Model Sign Code is found to be invalid by a court of competent jurisdiction, all remaining provision shall be deemed valid.

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