(A) Findings.
(1) Studies show that there is a correlation between dynamic displays and dynamic off-site advertising signs and the distraction of drivers that can lead to traffic accidents. These distraction are created by among other things:
(a) Changing messages;
(b) Knowing that a sign has a changing message;
(c) Messages that do not convey a full message in one screen;
(d) Special effects used to change the message, such as fade-ins and fade-outs; and
(e) Messages that are too small to be clearly seen or that contain more than a simple message.
(2) These distractions are compounded and create a hazardous driving environment in a corridor with multiple signs.
(B) Policy; intent. The regulations for dynamic displays and dynamic off-site advertising signs are intended to minimize:
(1) Potential driver distraction;
(2) Proliferation of dynamic displays and dynamic off-site advertising signs;
(3) Impact that dynamic displays can have on the use and enjoyment of adjacent property; and
(4) To condition the use of dynamic displays in a manner that protects public safety and welfare.
(C) Conditional use. All dynamic displays and dynamic off-site advertising signs are conditional uses in all zoning districts designated in this chapter. In addition to the regulations below, dynamic displays and dynamic off-site advertising signs require the issuance of conditional use permits in accordance with the provisions of § 156.160.
(D) General dynamic display regulations. Dynamic displays are allowed subject to the following conditions:
(1) Dynamic displays are allowed only on ground, projecting, pole and wall signs. Dynamic displays may occupy no more than 75% of the sign face area. The remainder of the sign face must not have the capability to have any dynamic display characteristics and must remain static. Only one dynamic display area is allowed on a sign face;
(2) A dynamic display may not change or move more often than once every minute;
(3) The images and messages displayed must be static and the transition from one static display to another must be instantaneous without any special effects;
(4) The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign;
(5) Every line of copy and graphics in a dynamic display must be at least seven inches in height on a road with a speed limit of 25 to 34 miles per hour, nine inches on a road with a speed limit of 35 to 44 miles per hour, 12 inches on a road with a speed limit of 45 to 54 miles per hour, and 15 inches on a road with a speed limit of 55 miles per hour or more;
(6) Dynamic displays must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the village that it is not complying with the standards of this subchapter;
(7) A dynamic display may not be within 35 feet of another dynamic display facing the same traveled right of way. In no case shall a dynamic display be in a line of sight with another dynamic display.
(8) (a) The village, through appropriate personnel, may exercise its police powers to protect public health, safety, and welfare by requiring emergency information to be displayed via any dynamic display. Upon notification, the sign operators shall display in directed sign rotations:
1. Amber Alert emergency information; or
2. Emergency information regarding terrorist attacks, of natural disasters.
(b) Emergency information messages are to remain in rotation according to the designated issuing agencies protocols.
(E) General dynamic off-site advertising sign regulations. Dynamic off-site advertising signs are allowed subject to the following conditions:
(1) Dynamic off-site advertising signs are allowed only on pole signs and total sign face area cannot exceed 1,200 feet per face and not exceed 2,400 total square feet for a double faced sign. The height of the sign must not exceed 99 feet from the base of the pole to the top of the structure or 65 feet from the surface of the pavement of the lane closest to the structure. The dynamic off-site adverting sign may occupy no more than 90% of the sign face area. The remainder of the sign face must not have the capability to have any dynamic display characteristics and must remain static. Only one dynamic off-site advertising sign is allowed on a sign face;
(2) Dynamic off-site advertising signs display may not change or move more often than once every 30 seconds;
(3) The images and messages displayed must be static, and the transition from one static display to another must be instantaneous without any special effects;
(4) The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign;
(5) Every line of copy and graphics in a dynamic off-site advertising sign must be at least 20 inches in height;
(6) A dynamic off-site advertising sign must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the village that it is not complying with the standards of this subchapter;
(7) A dynamic off-site advertising sign may not be within 1,000 feet of another dynamic display facing the same traveled right of way. In no case shall a dynamic display be in a line of sight with another dynamic display.
(8) (a) The village, through appropriate personnel, may exercise its police powers to protect public health, safety, and welfare by requiring emergency information to be displayed via any dynamic off-site advertising sign. Upon notification, the sign operators shall display in directed sign rotations:
1. Amber Alert emergency information; or
2. Emergency information regarding terrorist attacks, or natural disasters.
(b) Emergency information messages are to remain in rotation according to the designated issuing agencies protocols.
(F) Brightness. All dynamic displays and dynamic off-site advertising signs must meet the following brightness standards:
(1) No dynamic displays or dynamic off-site advertising sign may be brighter than is necessary for clear and adequate visibility;
(2) No dynamic displays or dynamic off-site advertising sign may be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver’s operation of a motor vehicle;
(3) No dynamic displays or dynamic off-site advertising sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal; and
(4) No dynamic displays or dynamic off-site advertising sign may display light of such intensity or brilliance to cause glare or otherwise impair the vision of the driver, or results in a nuisance to the driver.
(5) Dynamic displays or dynamic off-site advertising sign light intensity exceeding the following intensity levels (NITS) constitutes “excessive intensity or brilliance”:
Intensity Levels (NITS)
| ||
Color | Daytime | Nighttime |
Red Only | 3,150 | 1,125 |
Green Only | 6,300 | 2,250 |
Amber Only | 4,690 | 1,675 |
Full Color | 7,000 | 2,500 |
(6) Prior to the issuance of a sign permit, the applicant will provide written certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed 7,000 NITS and that the intensity level is protected from end-user manipulation by password-protected software or other method as deemed appropriate.
(7) Dynamic displays or dynamic off-site advertising sign will not be configured to resemble a warning or danger signal or to cause a driver to mistake the sign for a warning or danger signal.
(G) Removal of existing off-site advertising signs. In the event that the applicant for a dynamic off-site advertising sign owns an existing off-site advertising sign within 1,000 feet of the proposed location of a dynamic off-site advertising sign, the applicant will be required to demolish any such off-site advertising sign at the expense of the applicant. This division (G) is an exception to the erection ban in § 156.207(E).
(H) Exception. With the exception of the requirements in division (F) above, time and temperature signs are exempt from these provisions.
(Ord. 9-4, passed 2-25-09; Am. Ord. 19-11, passed 3-20-19)
Penalty, see § 156.999