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UNITED STATES SIGN COUNCIL
MEMBER UPDATE / SIGN ZONING INFORMATION 
March 2010
A Member Service of the United States Sign Council
By: Richard Crawford, USSC Legislative Consultant
Now Available From USSC
Critical information to address opposition to Electronic Message Center (EMC) signs and similar LED based illuminated changeable signs
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If your sign company is involved in selling Electronic Message Center (EMC) or other electronically changeable signs and works to obtain zoning approvals for these signs, you are likely to run into the Wachtel report which is increasingly being cited by planners and others opposed to EMC's.

 

Entitled Safety Impacts of the Emerging Digital Display Technology for Outdoor Advertising Signs, the lengthy 180 page report is the work of Jerry Wachtel, a human factors researcher based in California and president of the Veridian Group. Mr. Wachtel has been employed by the Federal Highway Administration, the Nuclear Regulatory Commission, among other governmental agencies, and currently consults with such anti-sign groups as Scenic America.

 

Essentially, the Wachtel report asserts that EMC signs are distractive, and as a result pose dangerous traffic hazard issues. In making these assertions, it also seeks to discredit current professional and university based research which has shown no correlation between EMC usage and traffic accident rates.

 

Unfortunately, the Wachtel report contains very little if any proof of its claims. Nonetheless, it has achieved wide distribution in the planning community as well as to others opposed to electronic signs, and citations from it are likely to be used at zoning hearings and other venues by opponents of EMC technology

 

Without opposing argument, the use of the Wachtel report to buttress an anti-sign position can be destructive to the securing of permits for signs using EMC technology.

 

USSC now has the opposing arguments you will need when confronted with statements from the Wachtel report. It is entitled Inside the Wachtel 2009 Digital Display Report: A Commonsense Guide by Richard Crawford, USSC Legislative Consultant. If you are involved in zoning hearings involving EMC signs, it is critical that you read and understand this rebuttal report, which will provide the vital information you need to address claims made based on the Wachtel assertions.

 

You can obtain a copy from the home page of the USSC website, www.ussc.org, which provides a link to the USSC report, which is also on the Zoning Information page of the USSC site.


(Click on this sign for information on electronic message center display brightness guide.)

 

 
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View from APA Minneapolis

The United States Sign Council attended the American Planning Association's (APA) National Conference in late April '09, held this year in Minneapolis MN.  The event was extremely successful for USSC, and the USSC Board has set a priority on attending and exhibiting at the APA National event annually. 

The APA Conference provides an opportunity to speak one-on-one with Planners from across the country in a relaxed atmosphere. USSC's theme for this year's Conference was "On Premise Sign Illumination". USSC now has completed (4) Lighting research reports, and USSC felt it was important to get this information into the hands of the planning community.  All the Lighting reports were placed on CD, along with other related research materials, and the CD was distributed free of charge at the USSC Booth.

The APA National Conference also provides Attendees with a multitude of Seminars, virtually around the clock.  We were able to attend several of these Sessions in Minneapolis, and two Sessions in particular proved very informative. 

a. Form-based Zoning
 
Some in the Planning Community are promoting a new concept in local zoning and land use regulation, termed "Formed-based Zoning".  This new system would replace traditional Euclidean zoning terms and concepts.

Proponents suggest that they are aiming to regulate development to achieve a specific urban "form". Form-based codes primarily control the "physical form" of buildings and streets and have less focus on Land Use (the specific use of the land or property). Form-based codes try to coordinate the relationship between building facades and the public space, and the scale and types of streets.  That means that the Code does not care particularly if different Uses are located side-by-side. Traditional zoning, by contrast, would restrict and separate uses pretty rigidly, and require special zoning approvals for different Uses.

It remains unclear what impact Form-based Zoning will have on On Premise sign regulation.  The scientific approach of Form-based Zoning would seem to lend itself to application of USSC Sign Standards.  Towns are currently adopting this new Zoning system, most notably the City of Miami FL, so we are sure you will hear about Form-based Zoning in the near future.

b. Electronic Message Centers
 
In the only Session presented at APA Minneapolis on Signs and EMCs, an APA panel recommended new and more rigorous regulation of EMC technology. The restrictions presented would curtail almost all EMC features, including frame effects and frame transitions, not to mention a dramatic increase in standard change rate (not seconds, but minutes and hours). In addition, at least two of the presenters advocated the complete ban of EMC technology.

The justification for this suggested "ban" was two-fold:

(1) The Naser Jewelers case (Naser Jewelers, Inc. v. City of Concord) was cited for the proposition that a municipality can in fact ban EMC technology, as the Federal District Court in Naser upheld the city's ban on EMC signs.  Naser is viewed as the template for how a town can ban electronic signs, if it so chooses.

(2) A new report was issued in April 2009 titled "Safety Impacts of the Emerging Digital Display Technology for Outdoor Advertising Signs" authored by Jerry Wachtel, a human factors researcher and sociologist based in Berkeley CA. This report was funded by the National Cooperative Highway Research Program (NCHRP).  The APA panel explained that this new report conclusively demonstrates that EMCs are a Driver Distraction and a traffic safety concern that requires immediate and rigorous regulation.

The USSC has reviewed the "Wachtel Report" extensively.  It is a lengthy and scholarly document, and we find that it has flaws in some of its theoretical assumptions and underpinnings, and the recommendations appear to exceed common sense.  There is no new research in the report.  USSC is currently preparing a written response to the Wachtel Report, which will be complete this summer 2009. 

Should readers be confronted with the "Wachtel Report" at a local planning or zoning meeting, USSC would like to hear about it.  Please feel free to contact us for assistance or information: by phone 215-785-1922 or through our website www.ussc.org






Value of Signs Article

Check out this link at the ISA website Signposts Blog:

http://www.signs.org/SignpostsBlog/tabid/203/EntryId/18/USA-Today-Value-of-Signs-Article.aspx
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