Zoning so as to direct Digital Signs and Billboards S606 Sponsored Practice

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Controlling Digital Signs and Billboards (S606) Sponsored by Zoning Practice APA National Planning Conference Tuesday, April 28, 2009

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Meet Our Panel Marya Morris, AICP John Baker Dan Mandelker, FAICP

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Electronic/Digital Sign Types and Technologies

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Old School Changeable Copy

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Electronic Message Centers Intermittent Animated Static

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Tri-Vision Tri-Vision & Electronic Static Display Static Display

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Video LED Billboards

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Digital/Programmable Ink

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1978: Highway Beautification Act co-picked by bulletin industry to require money installment for board expulsion. 2007: FHWA assist evaded the law by permitting advanced boards along government interstates pending an ebb and flow examine

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They are Supposed to Distract Drivers Model: AlphaEclipse Excite 35mm The AlphaEclipse Excite 35 is intended to give a definitive open air promoting background. The 35mm pitch delivers a predominant, open air full shading, full movement LED computerized sign for higher speed streets around town, for profoundly hoisted areas, or for expressway establishments that can't be overlooked .

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Research on Electronic/Video Signs and Traffic Safety Regulating Digital Signs and Billboards (S606) APA National Conference, April 28, 2009

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Smiley, Univ. of Toronto (2001) Video signs in direct viewable pathway are exceptionally diverting Wallace (2003) Signs can occupy drivers regardless of the possibility that they are viewing the street; boards are diverting in both messed and uncluttered regions; correct explanation behind driver diversion ordinarily goes unreported. Explore Summary

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Beijer & Smiley, University of Toronto (2004) Drivers make twice the same number of and longer looks at video signs Texas Transportation Institute (2005) Flashing messages are all the more diverting, less fathomable, and require all the more perusing time WisDOT/CTC (2006) Visually complex areas, e.g., crossing points, intensify the diversion issue Research Summary (proceeded)

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Non-peer-evaluated, bulletin industry financed examines that have been exposed: Tantala, Albert Martin Sr., and Michael Walter Tantala, Tantala Associates. 2007. "A Study of the Relationship between Digital Billboards and Traffic Safety in Cuyahoga County, Ohio." July 7. Lee, Suzanne E. et al. 2007. "Driving Performance and Digital Billboards: Final Report." Virginia Tech Transportation Institute Center for Automotive Safety Research. Walk 22. Both studies were paid for by the Foundation for Outdoor Advertising Research and Education. Look into Summary (proceeded)

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Driver Distraction #1 Cause of Crashes Source: National Highway Traffic Safety Administration, 2001; 2006.

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Specific Distraction: % of Drivers

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Zeigarnik Effect Potential impacts of video signs and EMCs on drivers: • Scrolling messages oblige viewers to think; to what extent relies on upon size, determination, length of the message • Sequences of pictures or messages that recount a story may catch driver's consideration for the term. • Anticipation of another picture showing up may occupy driver, who feels constrained to sit tight for the change. Source: G. Wachtel, The Veridian Group, " Video Signs in Seattle – Final Report ." 2001.

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Modes of directing element shows Five option approaches Regulating Digital Signs and Billboards (S606) APA National Conference, April 28, 2009

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A. Finish or close entire bans A wide denial, Supported by wide definitions; and No special cases, or ones that are made because of security

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B. On the off chance that your City for the most part aversions such signs, yet not these kind:

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One nearby suburb's general approach Citywide authorization to work dynamic presentations, under. . . Strict conditions intended to decrease Proliferation, and Distraction

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Examples of limitations Long least show time: (20 minutes) Only a rate of a sign can be rapid Dynamic content can't be too little How? Set a base text dimension that differs by as far as possible out and about Source of principles: the sign business' "best practices" recipe

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C. Permitting dynamic bulletins, if more static ones descend The basic guideline: one sign that is alert permits union of numerous Minnetonka, Minnesota's "impetuses" arrangement The City had a prohibitive mandate and prohibitive implementation position Clear Channel: we'll bring down a large portion of the boards around the local area (and keep in any event ½ of the rest static) if up to eight others can get to be dynamic and change like clockwork.

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Minnetonka's motivators approach The City proposed which signs ought to descend (in light of wellbeing and arranging criteria) A side understanding keeps more than one element announcement from being noticeable from any single place The eight-second term was hard for the city to swallow, yet Minnesota law permitted no better route for the City to dispose of such a variety of boards

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D. Permitting gaudy signs in chose areas Minneapolis: blazing signs are legal just in its "downtown open door board region" East Dundee, IL: auto dealerships, retail focuses and entertainment foundations can utilize: Video signs (in one overlay locale) PowerPoint-sort shows (in another)

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E. Empowering dynamic presentations One specialist: dynamic showcases ought to lessen curse created by impermanent signs His customer (Cuyahoga Falls OH) limits sign face measure, yet remunerates certain sorts with "reward territory" Those who picked an element over a static sign can have a 20%-bigger sign face

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Cases on Digital Signs Daniel R. Mandelker Stamper Professor of Law Washington University in St. Louis Regulating Digital Signs and Billboards (S606) APA National Conference, April 28, 2009

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Prohibiting Digital Signs Naser Jewelers, Inc. v. City of Concord, 513 F.3d 21 (first Cir. N.H. 2008)

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Content Neutrality An edge question is whether the confinement is content-unbiased A direction that fills needs random to the substance of expression is content impartial

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Goals and Purpose The mission statement incorporates advancing activity wellbeing and group feel. We look to the authoritative body's announcement of goal.

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Narrow Tailoring Concord's interests in movement wellbeing and group style would be accomplished less viably without the restriction.

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Need for Studies NJI contends that Concord must perform studies to maintain the boycott. Harmony was under no commitment to do such studies or place them into confirmation.

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Alternative Channels NJI can utilize static and physically variable signs, put notices in daily papers and magazines and on TV and the Internet, disperse flyers, flow coordinate mailings, and take part in cross-advancements with different retailers.

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Lessons Learned Be unbiased. Boycott everything. Have a decent mission statement. Set up your safeguard. Perused Metromedia and Vincent. Perused Street Graphics and the Law.

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Conversion Prohibited Adams Outdoor Advertising., L.P. v. Leading group of Zoning Appeals, 645 S.E.2d 271 (Va. 2007) "No nonconforming sign might be fundamentally modified, amplified, moved or supplanted,"

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Court Holding "The electronic message board included somewhere around 3,000 and 3,500 pounds to the heaviness of the announcement… [It] did not build the bulletin's tallness, length, or the square footage of its publicizing surface range [but] … expanded the bulletin's profundity."

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Lessons Learned Careful meaning of precluded change is crucial Clear Channel Outdoor, Inc. v. City of Arden Hills, (Ramsey Co. 8/1/08) (change is precluded "development")

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Dan's Website law.wustl.edu/landuselaw 2007/2008 session PowerPoints accessible

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Regulating Digital Signs and Billboards (S606) Questions and Answers

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Regulating Digital Signs and Billboards (S606) Thank You!