HomeMy WebLinkAboutItem #12 Discussion Regarding Electronic Message Board Signs
AGENDA ITEM STAFF REPORT
Meeting Date: October 2,2007
Item #
11
Contact Name: Russ Wagner
Contact Number: 407-905-3100/1017
Reviewed By:
Department Director:
City Manager:
Subject: Electronic Message Board Signs
ISSUE:
On July 17, staff gave a presentation on electronic message board signs to the City Commission.
Following the presentation, staff was asked to perform additional research to determine whether local
governments throughout Central Florida permit electronic message board signs, and if so, how they
regulate them. Additionally, staff conducted research related to safety issues, lighting issues, and general
case law regarding the regulation of electronic message board signs. What follows is a report of staff's
findings and recommended actions in regards to this matter.
DISCUSSION:
Per the request of the City Commission, staff researched sign regulations of twelve local governments
throughout Central Florida to determine whether electronic message board signs are permitted, and to
determine how they are regulated by the local governments that permit them. The local governments
whose sign regulations were researched include Apopka, Winter Garden, Altamonte Springs, Port
Orange, Mount Dora, Winter Park, Orange County, Tavares, Leesburg, Sanford, Orlando, and Clermont.
Out of the twelve local governments studied, ten do not permit electronic message board signs, and only
two permit electronic message board signs. Out of the ten local governments that do not permit these
signs, Apopka, Winter Garden, Altamonte Springs, Port Orange, Mount Dora, and Winter Park only permit
electronic message displays for the time, temperature, and date. In these jurisdictions, the displays are
only permitted to provide numerical information in an easy to read manner, and the information displayed
on them is required to be accurate. The sign regulations in these jurisdictions permit time and temperature
displays to be added to ground or wall signs, but require them to be counted as part of the maximum
allowable sign area. Leesburg, Sanford, Orlando, and Clermont completely prohibit electronic message
board signs, including those that display time, temperature, and the date.
Of the twelve local governments that were studied, only Orange County and Tavares permit electronic
message board signs to display advertisements and information other than for time, temperature, and
date. In these jurisdictions, electronic signs are relegated to the most intense commercial districts, and the
square footage of the electronic portions of these signs is applied to the maximum allowable sign area.
Orange County requires message screens to be equipped with operational night dimming devises,
requires each lamp or bulb in the sign area not to exceed 30 watts, and prohibits these signs from
flashing, zooming, twinkling, sparkling, or providing any illumination that resembles traffic signals or
implies that motorists stop or slow down (It is apparent from a visual inspection that the county is not able
to ensure regulation of these provisions.) Tavares limits the copy area of the message screens to 20
square feet per sign face, prohibits messages from exceeding three lines of text per sign face, and
restricts the color of the message to one color for the entire message screen.
Further research conducted shows that electronic message board signs contribute to driver distractions
that lead to automobile accidents. The Florida Department of Transportation (FDOT) issued an official
position that states it takes a minimum of six seconds to comprehend a message on an electronic sign,
which is three times the safe period for driver distraction.
Additional research conducted on driver distractions reveals older drivers may be more distracted by
messages displayed on electronic message board signs as this segment of the population requires longer
viewing times to comprehend the elaborate and colorful messages that can be displayed on these signs.
The messages displayed on electronic message board signs can rotate every 6-10 seconds, which can
cause drivers to look at the sign for a period of time long enough to see what message will be displayed
next. As many as ten messages can be displayed in one rotation, and these messages in many cases
advertise off-site products or services.
Additional research reveals that local governments have been reluctant to approve electronic message
board signs. Based on the outcome of safety studies that have been conducted related to these signs,
many local governments have determined that they could be held liable if major automobile accidents
occur within the vicinity of these signs. Additionally, local governments have expressed concern in
permitting these signs due to cost studies that have been conducted. These studies show taxpayer
burden may increase if these signs need to be condemned for highway widenings or other projects since
these signs are more expensive to construct than conventional signs.
The City of Ocoee Comprehensive Plan requires the City to regulate development through the Land
Development Code to "reduce, eliminate and/or prevent negative impacts related to light... and to have
performance levels that are determined to prevent nuisances to surrounding properties." Pursuant to this,
the City adopted on-site lighting regulations for commercial properties in the Land Development Code that
are designed to minimize spillover and glare to adjacent properties. The light produced from electronic
message board signs can produce spillover and glare that can be visible on adjacent properties. The sign
industry readily admits that these signs are visible from hundreds of feet away, and are intended to gain
the attention of all persons within sight of the sign. Additionally, the Comprehensive Plan requires the City
to adopt regulations related to signs to mitigate off-site impacts and enhance the health, safety, welfare,
and appearance of the built environment. Amending the sign ordinance to permit electronic message
board signs conflicts with the provisions of the Land Development Code and the policies of the
Comprehensive Plan that have been outlined above.
Case law recognizes the ability of a local government to regulate signs to advance aesthetic interests and
promote public safety, provided such regulations are narrowly tailored to achieve its goals. Additionally,
case law suggests that a sign ordinance can be subject to increased scrutiny if it regulates speech in
ways that favor a specific viewpoint or idea at the expense of a particular group over another, or is
obscene in nature. Accordingly, if the messages displayed on these signs are regulated, then such
regulations may impede a sign owner's first amendment right to free speech. Additionally, the limitation of
these signs to specific uses such as schools and churches may be viewed as discriminatory since a major
segment of the population is being prohibited from utilizing an electronic message board sign while
another segment is permitted to utilize such signs.
STAFF RECOMMENDATION:
Staff respectfully recommends that the Mayor and City Commissioners continue to prohibit electronic
message board signs in all zoning districts of the City through Section 6.14 (5) (a) (i) of the Land
Development Code in order to maintain superior development standards and prevent the proliferation of
visual pollution and clutter which would preclude Ocoee from maintaining its attractiveness and upgraded
visual character.
2
ATTACHMENTS:
None
FINANCIAL IMPACT:
None.
TYPE OF ITEM: (please mark with an "x')
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
X Discussion & Direction
For Clerk's Deat Use:
_ Consent Agenda
_ Public Hearing
_ Regular Agenda
_ Original Document/Contract Attached for Execution by City Clerk
_ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance
Dept.
Reviewed
by
3
N/A
X N/A
N/A
