A Guide to National Sign-I llumination Standards AMERI CAN PLANNI - - PowerPoint PPT Presentation

A Guide to National Sign-I llumination Standards

AMERI CAN PLANNI NG ASSOCI ATI ON 2017 NATI ONAL CONFERENCE SESSI ON # 9110381

Philip Garvey, University Park , PA Alan Weinstein, Cleveland State University, Cleveland, OH Donald Poland, AICP, Hartford, CT Richard Crawford, United States Sign Council, Bristol , PA

• I ntroduction
• Sign lighting from the perspective of the

Researcher

• Sign lighting in Practice
• Sign lighting from a Code and legal

perspective

• Sign lighting from a planner’s perspective

Session Outline

Housekeeping

• A. Please mute cell phones
• B. Questions will be at the end

Sign lighting from the perspective of the researcher

“Well-designed sign lighting can aid the driver in rapid, accurate recognition and understanding of the sign’s message. This serves to improve safety by reducing the possibility that motorists will stop or drastically reduce speed at signs that may otherwise be difficult to read.” - IES

• 1. Light Pollution
• 1. Sign Visibility

Regulating Sign Brightness

Light Pollution

Existing Recommendations

ILP (2014) IESNA (2011)

“The ability to see, and light trespass/objectionability are essentially unrelated.” - Luginbuhl

Sign Legibility

Background

• In 1994, Penn State began working with The United States

Sign Council on improving the visibility of Commercial On-Premise Signs.

• To improve sign visibility and increase driver safety, we

have conducted eight studies related to optimizing sign lighting.

PSU/USSCF Sign Lighting Research

Lighting and Color (Test Track) 1998:

Effect on Legibility

• Font type (Helvetica and Clarendon)
• Text and background color
• Lighting design (external/internal/neon)

General Conclusions:

Internal illumination and neon

• utperformed external illumination.

PSU/USSCF Sign Lighting Research

Light Pollution (Open Field) 2004:

Addressed the actual and perceived effect of varied types of illuminated signs on the dispersion

• f light in the nighttime

environment. Concluded that on-premise signs have minimal effect when current norms of measurement for light trespass, sky glow, and glare are employed.

PSU/USSCF Sign Lighting Research

Lighting Design (Test Track) 2004:

Internally vs. Externally Illuminated

PSU/USSCF Sign Lighting Research

Lighting Design (Open Field) 2010:

Internally vs. Externally Illuminated

PSU/USSCF Sign Lighting Research

Internally vs. Externally Illuminated General Conclusions:

Test track and open field tests show that internal sign illumination, on average, provides 40% greater visibility and 60% greater legibility than that provided by external sign illumination. Easier to control “spill light” with internally illuminated signs.

PSU/USSCF Sign Lighting Research

Sign Brightness (Test Track) 2008:

Optimal Internally Illuminated Sign Brightness Levels

PSU/USSCF Sign Lighting Research

Sign Brightness:

cd/m2

PSU/USSCF Sign Lighting Research

Metric units is the standard in lighting research and design and is used exclusively by the CIE, Institute of Lighting Professionals (ILP, formerly ILE), and IES. SI (Metric) vs. English Units:

Luminance: cd/m2 (same as Nits) vs. Footlambert (ft-L) Illuminance: Lux (lx) vs. Foot-candle (ft-c)

PSU/USSCF Sign Lighting Research

EMC Lighting Levels (Analytic and Test Track) 2015:

Optimal Brightness Levels

PSU/USSCF Sign Lighting Research

EMC Lighting Levels:

PSU/USSCF Sign Lighting Research

Channel and Cabinet Sign Lighting Levels (Laboratory) 2016

Measurement of Typical Sign Luminance/Illuminance Levels

PSU/USSCF Sign Lighting Research

Channel and Cabinet Sign Lighting Levels

243 Sign Conditions: 25 Colors in Positive and Negative Contrast, Single-Face/Double- Face/Channel Letter

PSU/USSCF Sign Lighting Research

Factors Impacting Illuminated On-Premise Sign Visibility at Night (Analytical) 2017

Review of Existing Literature on Optimal On-Premise Sign Brightness

General Conclusions:

• Luminance, not Illuminance, is the measure of choice:

– Luminance is independent of sign size and viewing distance. – Luminance is the photometric equivalent of brightness and therefore is the metric associated with sign visibility. – Luminance meters are not affected by changing ambient light. – Illuminance meters may not be sensitive enough to distinguish between measurements taken with the “sign on” and the “sign off.” – Luminance is the standard used by EMC manufacturers in specifying sign lighting levels. – Both the IESNA and the CIE specify road sign lighting in terms of luminance values. – “Luminance is the best measure available to judge relative sign brightness.” – 3M

PSU/USSCF Sign Lighting Research

Factors Impacting Illuminated On-Premise Sign Visibility at Night

General Conclusions (continued):

• While there has been a great deal of research on the topic, there are

still a number of critical unanswered questions, in part due to the dramatic and rapid changes in sign lighting technology and in part to the differences in measures of effectiveness.

• While the measurement techniques and metrics are clear, it is also clear

that further research is necessary to identify the optimum luminance level for on-premise commercial signs from a sign visibility/traffic safety perspective.

Future Sign Lighting Research

• Using LEDs in cabinet and channel letter signs to develop

clear minimum, optimum, and maximum nighttime brightness levels based on sign visibility.

• Optimal EMC Lighting Level for Visual Performance using

Objective Measures of Legibility.

• Commercial Sign Performance In Complex Visual

Backgrounds

• The Relationship Between Sign Luminance and Sign

Contrast

• The Impact of Commercial Sign Brightness on Transient

Adaptation

• Open-Field Study on the Tradeoffs between Sign Detection

and Legibility and Sign Brightness Levels

Sign Lighting in Practice

Richard B. Crawford, Esquire United States Sign Council & United States Sign Council Foundation, Bristol PA Mercer Sign Consultants, Doylestown PA

Current USSCF Research

• 1) ENVIRONMENTAL IMPACT OF ON-PREMISE SIGN LIGHTING,

With Respect to Potential Light Trespass, Sky Glow, and Glare (2004)

• 2) RELATIVE VISIBILITY OF INTERNALLY AND EXTERNALLY

ILLUMINATED ON-PREMISE SIGNS (2004)

• 3) INTERNALLY ILLUMINATED SIGN LIGHTING, Effects on Visibility

and Traffic Safety (2009)

• 4) INTERNAL vs. EXTERNAL ON-PREMISE SIGN LIGHTING,

Visibility and Safety in the Real World (2009)

• 5) ON-PREMISE SIGN LIGHTING, Terms, Definitions, Measurement

(2010)

• 6) ON-PREMISE ELECTRONIC MESSAGE CENTER LIGHTING

LEVELS: Phase 1 and Phase 2 (2015)

• 7) STANDARD LUMINANCE LEVELS OF ON-PREMISE SIGNS (2016)

Scope of Standards

On-Premise Signs Covers both “static” and electronic signs No billboard/off-premise/outdoor advertising signs

Reed eed v Gilber ert issues

A science-based and research-based approach to sign regulation will become even more critical, post-Reed, and the USSC Sign Lighting Best Practices Standards can be a valuable tool going forward

How sign lighting is currently regulated

• 1. No sign lighting regulation
• 2. Brightness standard
• 3. Light trespass standard / Nuisance

standard

• 4. Energy conservation standard

Time-out

Light trespass standard / Nuisance standard Energy conservation standard

Types of Signs

Internal Illumination

Types of Signs

External Illumination

Types of Signs

Direct Illumination

Static Signs EMC / Electronic / Digital Signs

The Focus of all USSCF Research

Traffic Safety & the need of the Driver

Key Fact: On-premise signs need to be visible and legible for drivers from a distance, which, depending on posted speeds, can range from 250’-0” to 800’-0”, and beyond = 6-10 seconds

Lighting Terms

There are (2) systems of terminology SI/Metric terms vs English terms

Key Fact: don’t mix terminology; metric values are higher vs English values.

Guideline Standards

Use the SI/Metric terms Luminance - A unit expressing the brightness of the source Basic unit is a “Candela” Candelas per meter squared (Also known as “nits”) = cd/m²

Guideline Standards

Do not use the English terms nor Illuminance - a unit expressing amount of light falling on a place or

• bject;

SI (Metric) Term English Term: Lux One lux is equal to one lumen per square meter.

Conversions are possible

See Page 16 Luminance = E x D / [Area of sign]

E is the sign illuminance in lux SI (metric) D is the distance from the sign where the illuminance was

measured in meters squared (m² ) SI (metric)

Area of the sign is in meters squared (m² ) SI (metric)

Example: 5 lux reading x 441 m² (21 meters squared or 70 FT) / 3.71 area in meters squared (40 SF) area Yields a sign luminance at night of 594.34 nits or cd/m²

Brightness Standard

The USSC Sign Illumination Guideline Standard for maximum sign brightness at night:

Illuminated sign brightness shall not exceed the maximum luminance level

• f seven hundred (700) cd/m² or Nits

at least one-half hour before apparent Sunset……….

Special case of EMC signs

Must be “dimmed” at night A variety ways to achieve this Codes can require dimming Vast majority of images on EMC signs will fall below 700 nits Residential areas

Measuring sign Luminance

Variety of ways to measure Shop Field Standardized Sign Brightness available for Static Signs

Sign Lighting from a Code & Legal Perspective

Reed eed v. T Town of Gil ilber ert

Implications for for Sign Illumination

Professor Alan Weinstein Cleveland-Marshall College of Law and Maxine Goodman Levin College of Urban Affairs Cleveland State University a.weinstein@csuohio.edu

What We’ll Cover

• Basic legal issues: 1st Amendment
• The Reed Decision and Sign Illumination
• Rulings Since Reed and Sign Illumination
• General Legal/Code Concerns re: Sign

Illumination

First Amendment in Sign Regulation

• The First Amendment applies to every sign
• Government regulation of signs loses the normal

presumption of constitutionality and is subject to heightened scrutiny

• Sign litigation is common, expensive, and risky
• Most sign ordinances contained at least a few

provisions of questionable constitutionality before Reed … and much more after

First Amendment Concepts

• Content (or message)

neutrality ✔

• Time, place or

manner regulations ✔✔

• Bans and exceptions
• Off-site vs. on-site

signs

• Commercial vs.

non-commercial speech

• Permits and prior

restraints

• Vagueness and

Overbreadth

Content neutral vs. Viewpoint neutral

• Content neutral looks at subject matter
• Viewpoint neutral looks at point of view
• a ban on all signs is content neutral and viewpoint

neutral

• a ban on all political signs is not content neutral but is

viewpoint neutral

• a ban on signs that criticize government is neither

content neutral nor viewpoint neutral

Time, place or manner regulation

• Content-neutral time, place or manner

regulations address only the physical attributes of signs Size and Height Number and Location Duration Construction and Materials Illumination

Examples

 freestanding signs

 pole  monument

 temporary vs. permanent

signs

 portable signs  Snipe/blade signs  wind-signs  “A-frame” signs  building signs

 roof  wall  window  marquee/awning  projecting and

suspended

 Lighting

 Internal illumination  External illumination  Digital

Reed – Challenged Provision

“Temporary Directional Signs

Relating to a Qualifying Event (non-profit)”

• 6 s.f. sign allowed for 12 hrs

before and 1 hr after event

• no more than 4 signs on any

property (w/ owner consent)

“Political Signs”

• unlimited number of signs up to

32 s.f.

• no time limit before election -

removal 10 days after

“Ideological Signs”

• Unlimited number/time for signs

up to 20 s.f.

Content-neutrality Circuit Split

“Need to Read” – 8 & 11

• Do you have to look at the

message to determine if the rule applies?

• If so, it is content-based.
• political or election signs
• real estate signs
• directional/Identification signs
• instructional signs
• construction signs
• nameplate signs
• price signs
• home occupation signs

“No-censorship” – 3, 4, 6, 7 & 9

• Is the government trying to

regulate or censor content?

• If not, it is content-neutral

because:

• local government needs some

leeway in navigating through First Amendment law

• a limited number of content-

based provisions that are not intended to censor or restrict speech is acceptable

Reed - Rulings

• Court rules 9-0 that challenged code provision

is unconstitutional

• 6-3 majority opinion (Thomas, joined by

Roberts, Scalia, Kennedy, Alito & Sotomayor), plus concurrence by Alito w/ Kennedy & Sotomayor)

• Breyer and Kagan (joined by Breyer and

Ginsburg) each file opinion concurring only in the judgment

Reed - Majority Opinion

• “On its face” Rule: If you have to read the

message displayed to determine how a sign is regulated, then that regulation is content-based.

• “Some facial distinctions based on a message

are obvious, defining regulated speech by particular subject matter, and others are more subtle, defining regulated speech by its function

• r purpose. Both are distinctions based on the

message a speaker conveys, and, therefore, are subject to strict scrutiny.”

Reed - Majority Opinion

Plus … a “facially” content-neutral regulation will be considered content-based if:

• a regulation can’t be justified without

reference to the content … or

• a regulation was adopted because of

disagreement with the message conveyed

Reed - Majority Opinion

If a sign regulation is content-based, it is subject to strict scrutiny …

• Presumed unconstitutional … so gov’t

bears burden of proof/persuasion to show the regulation:

• Serves a compelling governmental interest
• Narrowly-tailored to achieve that interest …

not over-inclusive or under-inclusive and uses “least restrictive means”

Reed - Majority Opinion

Categorical signs are “content-based”

• political/election signs
• real estate signs
• directional/identification

signs

• instructional signs
• construction signs
• nameplate signs
• price signs
• home occupation signs

Reed - Majority Opinion

“Speaker-based”

• r “Event-based”

signs are “content-based”

• “displayed on a lot

with a property for sale or rent”??

• “displayed on a lot

where construction is taking place”??

• “gasoline station

signs” ??

• “theater signs” ??

Reed - Majority Opinion

So what does that mean?

• Fact that government’s purpose or

justification for regulation had nothing to do with trying to limit speech does not matter

• Strict scrutiny usually means gov’t loses
• E.g., aesthetics and traffic safety held not to

be compelling governmental interests

Reed - Majority Opinion

Still lots that government can do …

• “regulate many aspects of signs that

have nothing to do with a sign’s message”

• prohibit signs on public property, so long as

regulation is content-neutral

• certain signs may be essential (e.g., for safety

purposes) and “well might survive strict scrutiny”

Reed - Alito’s Concurring Opinion

“Here are some rules that would not be content-based”

size and location, including placement on private property vs. public property lighting fixed vs. changing message including electronic

• n-site vs. off-site

rules restricting total # of signs per mile of roadway “rules imposing time restrictions on signs advertising a one-time event” Government “may put up all manner of signs to promote safety, as well as directional signs and signs pointing out historic sites and scenic spots.”

Rulings citing Reed 150 + . . . and counting

• Commercial/Non-Commercial Distinction
• On-site/Off-site Distinction
• Exemptions
• Time, Place & Manner Regulations

Time, Place & Manner Regulations

• Peterson v. Vill. of Downers Grove, 150

F.Supp.3d 910 (N.D. Ill. 2015) content- neutral ban on all painted wall signs OK

• Vosse v. The City of New York, 666 Fed.
• Appx. 1 (2d Cir. 2016) content-neutral

prohibition on signs extending more than 40 feet above curb level OK as time, place, and manner restriction on speech

Sign Illumination After Reed

No or Low Risk

• Signs in R-1 districts

larger than 1 s.f. may not be illuminated.

• Signs in C-3 districts

may be illuminated, etc.

• Signs in C-3 districts on

lots with more than x ft.

• f frontage may have

digital free-standing signs, etc. Higher Risk

• Nameplate signs in R-1

districts may be illuminated.

• Institutional and

government uses may have digital monument signs.

• Gasoline stations may

have digital free-standing signs, etc.

Sign Illumination After Reed

Higher Risk

• Institutional and

government uses may have digital monument signs.

• Gasoline stations may

have digital free-standing signs, etc. Highest Risk

• Institutional and

government uses may have digital monument signs displaying only public service messages.

• Gasoline stations may

have digital free-standing signs displaying only gasoline prices.

What should be in a sign code?

• Regulatory purposes
• Substitution/Severability
• Definitions
• Standards for measuring

sign areas/heights

• Regulations for:
• sign placement
• height/area
• setback/spacing/density
• type/time of lighting
• Regulations for:
• billboards, etc. (??)
• temporary/portable signs
• window/awning signs
• Prohibited signs (??)
• Non-conforming signs
• Administration
• Permitting provisions
• Variances
• Appeals
• Enforcement

Regulatory Purposes

• 1. To promote the creation of an attractive visual

environment that promotes a healthy economy by:

• a. Permitting businesses to inform, identify, and

communicate effectively; and

• b. Directing the general public through the use of

signs while maintaining attractive and harmonious application of signs on the buildings and sites.

• 2. To protect and enhance the physical appearance of

the community in a lawful manner that recognizes the rights of property owners by:

• a. Encouraging the appropriate design, scale, and

placement of signs.

• b. Encouraging the orderly placement of signs on

the building while avoiding regulations that are so rigid and inflexible that all signs in a series are monotonously uniform.

• c. Assuring that the information displayed on a sign

is clearly visible, conspicuous, legible and readable so that the sign achieves the intended purpose.

• 3. To foster public safety along public and private

streets within the community by assuring that all signs are in safe and appropriate locations.

• 4. To have administrative review procedures that are

the minimum necessary to:

• a. Balance the community’s objectives and

regulatory requirements with the reasonable advertising and way finding needs of businesses.

• b. Allow for consistent enforcement of the Sign

Code.

• c. Minimize the time required to review a sign

application.

• d. Provide flexibility as to the number and

placement of signs so the regulations are more responsive to business needs while maintaining the community’s standards.

Message Substitution Clause

The owner of any sign which is otherwise allowed by this sign ordinance may substitute non-commercial copy in lieu of any other commercial or non-commercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non- commercial message over any other non-commercial

• message. This provision prevails over any more specific

provision to the contrary.

Message Substitution Clause

“A non-commercial message may be substituted for any commercial message displayed on a sign, or the content of any non-commercial message displayed on a sign may be changed to a different non- commercial message, without the need for any approval, provided that the size of the sign is not altered.”

Severability Clause

“If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word in this code is declared invalid, such invalidity shall not affect the validity or enforceability of the remaining portions

• f the code.”

Definitions

• Clear and unambiguous definitions are a must to

avoid vagueness/overbreadth problems

• Include a definition of “sign” – for example:

"A lettered, numbered, symbolic, pictorial, or illuminated visual display designed to identify, announce, direct, or inform that is visible from a public right-of-way.“

Source: Mandelker, Bertucci & Ewald, STREET GRAPHICS AND THE LAW, PAS Report No. 527

Standards for measuring

sign areas, heights and illumination

• Specify for all sign structures/types
• building-mounted: wall, window, awning,

roof

• free-standing: monument and pole
• temporary and portable
• Be aware of effect of measurement

standards

Sign Lighting from a Planner’s Perspective

American Planning

Association

A Guide to National Sign Illumination Standards:

Zoning Regulations and Sign Standards

Donald Poland, PhD, AICP

Senior Vice President & Managing Director, Urban Planning 860.655.6897

1137 Main Street East Hartford, CT 06108 www.gomanyork.com

What can we regulate?

– Statute: the height, size, and location of advertising signs and billboards. – Supreme Court: time, place, and manner.

• The Four-Part Test:

– Content-neutral (Reed v Gilbert), – be narrowly drawn, – serve a significant government interest, and – leave open alternative channels of communication.

American Planning Association

A Guide to National Sign Illumination Standards

What do we regulate?

– Everything...height, size, location, type, design, time, etc. – Aesthetics and ‘community character’

American Planning Association

A Guide to National Sign Illumination Standards

What we don’t regulate with signs?

– Relating signs to the foundation of zoning authority:

• The Police Powers of Government

– Protecting the public health, safety, and welfare…

American Planning Association

A Guide to National Sign Illumination Standards

American Planning Association

A Guide to National Sign Illumination Standards

American Planning Association

A Guide to National Sign Illumination Standards

How can we better regulate signs?

– Complying with time, place, and manner:

• Content-neutral,
• be narrowly drawn,
• serve a significant government interest, and
• leave open alternative channels of communication.

– A significant government interest…

• Public health, safety, and welfare…

American Planning Association

A Guide to National Sign Illumination Standards

American Planning Association

A Guide to National Sign Illumination Standards

The Science of Signs

– Provides a foundation for thinking carefully and critically about signs and sign regulations:

• Visibility
• Legibility
• Impact on Traffic Safety

– Allows communities and planners to connect signs regulations to quantitative measures and public health, safety, and welfare.

American Planning Association

A Guide to National Sign Illumination Standards

American Planning Association

A Guide to National Sign Illumination Standards

Sign Regulations – A Framework

– Time, place, and manner

• A significant government interest

– Visibility – Legibility – Traffic safety

• A significant government interest

– Community Character

American Planning Association

A Guide to National Sign Illumination Standards

American Planning Association

A Guide to National Sign Illumination Standards

Reference and Graphics Sources

Bertucci, Andrew, (2003): Best Practice Standards – A Research Based Approach To: Sign Size, Sign Legibility, Sign Height. United State Sign Council, Bristol, PA. Bertucci, Andrew and Crawford, Richard, (2015): Best Practice Standards for On- Premise Signs: A Research Based Approach To: Sign Size, Sign Legibility, Sign Height, Parallel Sign Size, Sign Lighting. United State Sign Council, Bristol, PA. Bertucci, Andrew and Crawford, Richard, (2011): Model On-Premise Sign Code. United State Sign Council, Bristol, PA. Crawford, Richard, (2017): Best Practice Recommendations and Standards for On- Premise Sign Lighting: A Research Based Approach To: Sign Lighting. United State Sign Council, Bristol, PA.

• Dr. Poland is an urban geographer,

planner, and community strategist. His work focuses on assisting communities to compete for wealth and investment (socio-economic prosperity) through strategic interventions that build community confidence, foster pride in place, create predictability in market, and grow demand. dpoland@gomanyork.com www.gomanyork.com 860.655.6897

Final Questions And thank you