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Regulatory considerations and sign-code updates
With my experience in both the public and private sectors, I’ve gained a unique view of the sign industry. I understand both sign-industry challenges and communities’ perspective. Unfortunately, to begin, electronic message centers (EMCs) don’t have any “rights,” based on the Concord, NH ban on EMCs that was upheld by appeal in the First Circuit Court (Nasar Jewelers, Inc. v. City of Concord, 2008 WL 162521 (C.A. 1 N.H. 1/18/2008)). The ban was ruled to have achieved its stated goals: promoting both traffic safety and community aesthetics. Therefore, to avoid EMC bans, the sign industry must be proactive and help communities create reasonable EMC regulations.
Sign-code updates
Numerous communities are now actively, or considering, updating their sign codes. In 2009, I’ve already represented sign associations in 13 cities that have initiated sign-code updates, ranging from Clark County (Las Vegas), NV to Tucson, AZ.
Development applications have waned almost everywhere, so planning departments are actively updating regulations. Many communities have either inadequate or absent EMC regulations, which alone triggers sign-code updates. As usual, change also means opportunity, for communities and the sign industry.
Inadequate regulations
Sign companies should always strive to utilize the EMC signage allowed by code, with a caveat. Where communities don’t have adequate or any EMC regulations, the sign industry should proceed with caution. It should work hard for full disclosure and education about the proposed EMCs.
First, the community needs to understand what it’s approving: how long messages will be displayed, the nature of the messages, whether the EMC is video animated or static, the type of transition and nighttime-illumination levels.
Second, if the community doesn’t understand what it’s approving, or has inadequate regulations, subsequent problems can elicit a moratorium, as happened in Amarillo, TX; Antioch, IL; North Little Rock, AR; Fargo, ND and probably other communities.