American Planning Association - A Guide to...

A Guide to National Sign-Illumination Standards

AMERICAN PLANNING ASSOCIATION 2017 NATIONAL CONFERENCE

SESSION #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

Introduction 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 outperformed 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 of 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 v Gilbert 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 object; 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 of 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 v. Town of Gilbert Implications for for Sign Illumination

Professor Alan Weinstein Cleveland-Marshall College of Law and

Maxine Goodman Levin College of Urban Affairs Cleveland State University [email protected]

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 or purpose. Both are distinctions based on the message a speaker conveys, and, therefore, are subject to strict scrutiny.”


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”


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


“Speaker-based” or “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” ??


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


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

on-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. of 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 of 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’


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…


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…



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.

Sign Regulations – A Framework – Time, place, and manner

• A significant government interest

– Visibility

– Legibility

– Traffic safety • A significant government interest

– Community Character



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.

[email protected] www.gomanyork.com

860.655.6897

Final Questions

And thank you

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