Exhibit 1 Summary of Proposed Sign Code
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EXHIBIT 1 SUMMARY OF PROPOSED SIGN CODE A detailed summary addressing the more salient features of the proposed sign code, along with information pertaining to specific topics in the code, is provided below. 1. Definition of Sign. The proposed definition of “sign” in Section 18.20.290 includes not only the display of traditional graphic messages, but also non‐graphic features used to identify a brand or image, including panels, spandrels, forms or architectural features not common to non‐corporate regional architecture. This would include, for example, the yellow canopies over McDonald’s menu board stations that resemble the “golden french‐fry”, or the colored Lexan panels on the canopies of gas stations, While these may not include graphics, and while they may incidentally serve other functions such as weather protection, their purpose is for branding and advertising the location of a product or service, and they have the same visual impacts as additional signage on the premises. They would therefore be allowed under the sign code, but only within the parameters of allowable signage. The definition of sign further includes sign structures even if sign faces are later removed. This allows the City to require either the removal or maintenance of these structures if they are abandoned or otherwise become derelict. The definition also encompasses devices that stream or televise messages, which will address a recent trend in billboards and also trends to add small television‐like devices atop point of purchase equipment like fuel pumps. Finally, the definition of sign includes attention‐getting devices such as streamers, pennants, festoons, inflatables and balloons. 2. Exempt Signs. Section 18.20.030 includes a list of signs that are exempt from the permitting requirements of the sign code. A few noteworthy exemptions include: a. Temporary Window signs. Temporary signs placed in windows that do not cover more than 25 percent of the glass are permitted and do not require permits. The 25 percent coverage calculation includes any permanent window signs, which do require permits. b. Interior signs. Any interior sign located at least three feet from a window is exempt from the provisions of the code, whether it is visible from the outside or not. The reason that three feet was chosen is that the building code requires that walkway aisles in commercial buildings be at least three feet in width. It is therefore plausible that an interior sign could be placed for internal viewing by customers walking down a store aisle even though it is incidentally visible to the outdoors. It is presumed that any sign closer to the window than three feet is intended for external viewing, and will in fact have the same effect and impact as a sign oriented for external viewing. c. Non‐discernable sign. The only signs regulated under the proposed sign code are those that are discernable beyond the boundaries of the property by sight, sound or scent. Inclusion of scent reflects new technologies in advertising, whereby signs emit scents or odors to entice passerby traffic to purchase their products. This might be appropriate on‐ site, but it could become a nuisance to abutting property owners who are subjected to smells on an on‐going basis. 3. Prohibited Signs. Section 18.20.040 includes a list of signs that are prohibited. A few noteworthy prohibitions include: a. Signs on Vacant Lots and Easements. The code prohibits permanent signs on both vacant lots and easements, ensuring that signs are not the principle use of either the lot or the easement. (See Section 18.20.040(H)). This would address principle use signs such as billboards and other off‐premise type signs, where small easements are often purchased for billboard purposes. It would not prohibit off‐premise signs or billboards per se, but they would only be allowed on otherwise developed sites, meaning that they would have to be included in the calculation of allowed signage for any on‐site businesses. Also, billboards would have to comply with on‐site size and height requirements, meaning that the typical sized billboard would not be permitted unless the City were to allow all on‐ premise signs to be as large as the classic billboard. b. Abandoned Signs. The code prohibits “abandoned signs” and defines abandoned signs to include signs that have had their sign faces broken or removed and have not been refaced within 180 days. c. Off‐site Control of Signs. Prohibits off‐site controlled signs. This is important in terms of regulating electronic message center signs because remote operators are often indifferent to local codes and can instantly reprogram signs to operate in a manner not compliant with local codes. For example, it is not uncommon for digital signs to be part of a network of signs programmed by a corporate office to reflect regional sale or marketing campaigns. 4. Regulation by Zoning Types. Signs are regulated based on two broad zoning types – Residential and Non‐residential. The term non‐residential includes the typical commercial and industrial zones, but is also defined to address mixed use zoning districts, which are considered non‐ residential if streetscape and ground floor are characterized by commercial. (See definition of “non‐residential” in Section 18.20.290). 5. Maximum Light Output. Good lighting is essential to effective signage. However, excessive lighting causes glare, which leads to poor legibility of signage text, hazardous conditions to drivers, nuisances to abutting residents, and adverse impacts on the night sky. This is particularly evident with electronic signs, where their flickering animation and bright light can light up the sky for miles and momentarily blind drivers by their glare, especially on a foggy night. (See discussion on electronic signs below). The code therefore regulates the maximum light output of all signs. In lighting terms, a “nit” is a unit of visible‐light intensity, commonly used to specify the brightness of a cathode ray tube or liquid crystal computer display. One nit is equivalent to one candela per square meter. The code limits internally illuminated signs, digital signs, and electronic message center signs (as described below) to a maximum nighttime light output of 100 nits in non‐ residential zones and 50 nits in residential zones. While the 50/20 nit limitation ensures good legibility at night, a limit of 100/50 is deemed acceptable to some dark sky advocates and would be less contentious with sign advocates who might otherwise press the City to impose industry‐ recommended standards (which is strongly not recommended for reasons described in #6 below). 6. Electronic Signs. Electronic signs include what will be defined in the code as electronic message center signs (EMC’s) and digital signs. (See descriptions below). Electronic signage is a relatively new but explosive trend in advertising. In its February 28 memorandum to the Planning Commission, staff provided a lengthy analysis on the safety aspects of electronic signage based upon numerous reports and studies by both the Outdoor Advertising Association (OAAA) and individuals with expertise in this area. The conclusion of individuals not associated with the OAAA was that electronic signs can create safety hazards and are they also have a high nuisance factor. As noted in the February report, concerns over safety has convinced countries like Sweden to ban electronic signs altogether, and for both safety and aesthetic reasons, billboards of any kind (digital or otherwise) are banned in Alaska, Maine, Hawaii and Vermont. The proposed code accommodates some level of electronic signage, but imposes size, density and animation restrictions that will keep them from dominating the streetscape and from creating unsafe distractions to drivers. Standards include: a. Maximum size – 30 square feet. This will ensure that digital technology is not applied to signs the size of the classic size billboard. b. One electronic sign per 100 feet of street frontage in non‐residential zones. This will required that owners of multi‐tenant buildings coordinate among tenants how this signage will be allocated and/or shared. Note that the full display EMC is not permitted in any zone. c. One‐acre minimum parcel size. This will limit the number of these along a streetscape while also avoiding the problem of smaller parcels being sold or let out to digital billboard operators. d. No “motion” as defined in the code. Signs must be static and without the animation that distracts or startles drivers and that becomes a nuisance light show animating the night sky (which is especially problematic during foggy conditions). e. Required fade‐in. To avoid sudden flickers that may startle or distract drivers, message changes must occur in a quick fade‐in (1.5 seconds) rather than an instant flash. f. Minimum message hold – 10 seconds. This avoids the distractions of rapid message change and ensures that drivers are not trying to read multiple messages while driving. Multiple messages lure drivers into trying to read each message as they pass by, creating undue distraction from the road (which is no less distracting that reading text messages while driving). g. No off‐premise programming. If off‐premise programming is not prohibited, jurisdictions will have an almost impossible task of enforcing the illumination and animation restrictions of digital signs. That is because many such signs are programmed by corporate offices for all of their regional stores, and most corporate offices will have no knowledge of (and perhaps no regard for) local regulations. h. Requires pre‐set illumination limits with written certificate from manufacturer, with password protected software or similar to avoid end‐user modification. This will ensure that the store operator does not either inadvertently or intentionally increase the intensity of the sign beyond local illumination limits after it has otherwise been inspected and found to be in compliance.