10-13-05 Planning Comm. Agenda - Laserfiche WebLink

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fading, dissolving, scrolling and traveling, without any apparent adverse effect on traffic safety. Regulation of Electronic Signs The history of the regulation of electronic signs has been largely marked by polar extremes in regulation. A number of zoning and sign codes have treated such signs as any other sign, with no special regulations. Others have attempted to prohibit their use in the entirety, largely out of concerns for traffic safety, and in some cases in the stated interest of aesthetics. For the reasons stated above, the traffic safety concerns have been largely _ _ __ unfounded. In decades of use and intense scrutiny, no definitive relationship between electronic signs and traffic accidents has been established. In fact, some studies have suggested that animated electronic signs may help keep the driver whose mind has begun to wander re-focused on the visual environment in and around the roadway. No studies support the notion that an electronic sign with a static display has a visual impact, from either a traffic safety or aesthetic impact, different from that of any other illuminated sign. Despite this, the fear of negative impact from potentially distracting signs has in the past motivated some communities to attempt to prohibit electronic signs altogether. Two common approaches have been to prohibit sign "animation" and the "intermittent illumination" of electronic signs: Both approaches have had their limitations. Electronic signs that are computer-controlled often have the capability to be displayed with a multitude of operational characteristics, many of which fall within the typical definition of "animation." However, static display techniques are quite commonplace with electronic signs, and the cost of using electronics in relatively typical sign applications has become more affordable. The programming of an electronic sign to utilize static displays only is simple and straightforward, yet probably overkill in the legal and practical sense. 'Nonetheless, out of fear that the programming may be changed to animation after a sign is permitted and operational, some local regulators have attempted. to take the position that LED and other electronic signs are prohibited altogether. This position is unsound. There is no legal basis to deny astatic-display electronic sign, as it is legally indistinguishable from any other illuminated sign. We don't _. _. _ . pro i it car usage merely because the cars are designed so that they can exceed the speed limit; we issue a ticket to the driver if they do exceed the speed limit. Likewise, if a sign owner actually violates the zoning or sign code, the remedy is to cite them for the violation, not to presume that they will do so and refuse to issue 2s- 9