(A) Findings.
(1) Studies show that there is a correlation between dynamic displays on signs and the distraction of roadway drivers. Distraction can lead to traffic accidents. Drivers can be distracted not only by a changing message, but also by knowing that the sign has a changing message. Drivers may watch a sign waiting for the next change to occur. Additionally, drivers are more distracted by special effects used to change the message, such as fade-ins and fade-outs. Time and temperature signs appear to be an exception to these concerns because the messages are short, easily absorbed, and become inaccurate without frequent changes.
(2) Despite these public safety concerns, there is merit to allowing new technologies to easily update messages. Except as prohibited by state or federal law, sign owners should have the opportunity to use these technologies with certain restrictions. The restrictions are intended to minimize potential driver distraction and to minimize proliferation in residential districts where signs can adversely impact residential character.
(3) Spacing requirements enforced by this code could interfere with the equal opportunity to use such technologies and are not included. Without those requirements, however, there is the potential for multiple dynamic displays to exist along a corridor. If more than one dynamic display can be seen from a given location on a corridor, the minimum display time becomes critical. If the display time is too short, a driver could be subjected to a view that appears to have constant movement. This impact would be compounded in a corridor with multiple signs. If dynamic displays become pervasive and there are no meaningful limitations on each sign’s ability to change frequently, drivers may be subjected to an unsafe degree of distraction and sensory overload. Therefore, a longer display time is appropriate.
(4) Additionally, a constant message is typically needed on a sign so that the public can use it to identify and find an intended destination. Changing messages detract from this way-finding purpose and could adversely affect driving conduct through last-second lane changes, stops, or turns, which could result in traffic accidents. Accordingly, dynamic displays generally should not be allowed to occupy the entire copy and graphic area of a sign.
(5) The city finds that dynamic displays should be allowed on signs but with significant controls to minimize their proliferation and their potential threats to public safety.
(B) Permitted signs. Dynamic displays are not outright permitted within any zoning district within the City.
(C) Conditionally permitted signs. Dynamic displays are conditionally permitted solely as free- standing ground signs with the issuance of a conditional use permit from the City Council only in the R-1 Single-Family Residential District to display non-commercial or public service announcements when displayed on the site of an approved public or quasi-public land use, the C Commercial, I Industrial, and R/O Recreation/Open Space Districts. Dynamic display signs shall comply with the height, size, arrangement, setback, location, and other applicable provisions of this chapter and the district in which the sign is located. The conditions with respect to the issuance of any conditional use permit for a dynamic display sign shall cover at least the following:
(1) Aesthetics of the sign, including, but not limited to, message color, construction materials, and landscaping;
(2) Location of the sign with regard to the surrounding area; and
(3) Position/layout of the sign with regard to the surrounding area.
(D) Size of display. Dynamic displays may occupy no more than 35% of the actual copy and graphic area allowed by the zoning district for which it is located in. The remainder of the sign must not have the capability to have dynamic displays even if not used. Only one contiguous dynamic display area is allowed on a sign face. Additionally, the remainder of the sign must not have the capability to have a readerboard sign as defined herein.
(E) Size of copy. 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 mph, nine inches on a road with a speed limit of 35 to 44 hour, 12 inches on a road with a speed limit of 45 to 54 mph, and 15 inches on a road with a speed limit of 55 miles per hour or more. If there is insufficient room for copy and graphics of this size in the area allowed under division (D) above, then no dynamic display is allowed.
(F) Duration of image. The images and messages displayed on a dynamic display sign must be static. A dynamic display’s image, or any portion thereof, may not change more often than once every eight seconds in R/O and R-1 Districts, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. Due to the increased quantity and distance between signs, a dynamic display’s image, or any portion thereof, may not change more often than once every five minutes in C and LI Districts, except one for which changes are necessary to correct hour-and-minute, date, or temperature information.
(G) Transition. If a dynamic display’s image or any portion thereof changes, the change sequence must be instantaneous without any special effects.
(H) Message. 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.
(I) Color. The matrix elements of the display shall be monochromatic in color with a solid black background.
(J) Sign construction and maintenance.
(1) All permanent free-standing ground signs shall have self-supporting structures erected on and permanently attached to concrete foundations. The base of dynamic display signs must maximize the use of natural materials, such as stone, brick, rock, or similar decorative material, in construction and should conform to the material design of the principal structure.
(2) All signs shall be maintained in a safe, presentable, and good structural condition at all times, including the replacement of defective parts, cleaning and other items required for maintenance of the sign. Vegetation around, in front of, behind, and underneath the base of ground signs for a distance of at least ten feet shall be neatly trimmed and free of weeds, and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near the sign.
(K) Prohibition on video display. No portion of a dynamic display may change any part of its sign face by a method of display characterized by motion or pictorial imagery, or depict action or a special effect to imitate movement, or display pictorials or graphics in a progression of frames that gives the illusion of motion of any kind.
(L) Prohibition on fluctuating or flashing illumination. No portion of a dynamic display image may fluctuate in light intensity or use intermittent, strobe or moving light, or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles, or in any other manner that creates the illusion of movements.
(M) Audio. Dynamic displays shall not be equipped with audio speakers.
(N) Malfunctions. Dynamic displays must be designed and equipped to freeze the sign face in one position if a malfunction occurs. Dynamic displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner or operator must immediately turn off the display when notified by the city that it is not complying with the standards of this chapter.
(O) Brightness. All dynamic displays shall meet the following brightness standards.
(1) No dynamic display may exceed a maximum illumination of 4,500 nits (candelas per square meter) during daylight hours and a maximum illumination of 450 nits (candelas per square meter) between dusk to dawn as measured from the sign’s face at maximum brightness.
(2) All dynamic displays having illumination by means other than natural light must be equipped with a dimmer control or other mechanism that automatically controls the sign’s brightness to comply with the requirements of this section.
(3) No dynamic display may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device, or signal.
(4) The owner or controller of the dynamic display must adjust the sign to meet these brightness standards in accordance with the city’s instructions. The adjustment must be made immediately upon notice of noncompliance from the city.
(5) A written certification from the sign manufacturer that light intensity has been preset to conform to the brightness levels established by the city’s code and that the preset level is protected from end user manipulation by password protected software or other method. This would offer the advantage of ensuring that electronic signs at a minimum cannot exceed the standards. The sign manufacturer must submit this certification at the time of sign permit issuance that the sign has the mechanical capabilities to control luminance at the levels noted in division (O)(1) above.
(P) Nonconforming signs. Dynamic display signs existing on January 1, 2015 must comply with the operational standards listed herein. An existing dynamic display sign that does not meet the structural requirements as outlined in divisions (B) and (C) above may continue as a nonconforming development. An existing dynamic display sign that cannot meet the minimum size requirements in division (E) above must use the largest size possible for one line of copy to fit in the available space.
(Q) Prohibited signs. Dynamic display signs shall not be used to display a listing of tenant names, nor can they create distractions which are detrimental to the public health, welfare, and safety as determined by the City Manager or designee.
(Prior Code, § 155.29) (Ord. 2014-07, passed 12-9-2014) Penalty, see § 10.99