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Animated Windows: Rules and regulations vary from community to community

 

Interior signs are largely unregulated by municipal codes, allowing commercial enterprises to advertise their products however they see fit as long as they aren’t meant to be viewed from the street. However, window signs are a big gray area, and they are dealt with differently from city to city.
 
Most allow hours and information lettering on windows even if logos and other commercial messages are prohibited. Some allow any window signs as long as they don’t exceed a set percentage of the window area. Some will permit them as long as they are two or three feet back from the window. Some only allow window signs if they are submitted and approved along with the rest of the exterior signs. Some restrict the type, size and placement of window signs based on the guidelines of a Master Sign Program for each individual shopping center.
 
LAYERS OF REGULATION
When you add illumination to a sign placed in a window, a whole new layer of regulation comes into play, especially if the sign is animated in any way, including flashing lights, rotating elements, or electronic message displays.
 
Schools that are state property are exempt from city regulations, and churches, banks, gas stations, sports facilities, concert halls, and theaters often get special consideration to allow changeable copy signs, which can include digital signs as well.
 
Animated signs or digital displays have become more popular recently, both for interior and exterior signs, and many cities have been forced to consider sign permit applications that include some animated element as part of the advertising message.
 
There are situations where the ability to change the message easily makes sense, and may even serve to reduce the quantity of signs required and eliminate visual clutter. Also, public service or safety messages are often included in the programming, making the proposed digital display more beneficial to the community. Research has shown conflicting results regarding the effect of animated displays on drivers, and some lawsuits have been heard and decided favoring one side or the other.
 
As a result, the topic of digital displays has become even more controversial, and the public discussion has heated up nationwide. I investigated how the upsurge of interest in digital displays has affected several communities around Northern California, and how it is being dealt with both formally and on a practical level at the planning counter. I also spoke to one manufacturer of digital displays, and they confirmed that the trend evident in California is fairly consistent nationwide.
 
Though many businesses would like to benefit from the versatility of a message center, and want to believe that if they mount it in their window, the city will consider it an interior sign and allow them to do as they please, the truth is that almost every community has some very restrictive language in their municipal code, and it is likely to apply to any sign that is visible from the public right of way. An expensive mistake can be avoided by researching the code before purchasing anything.
 
The definition of animated signs is pretty broad, and is carried over from the days of waving pennants, pinwheels, flashing lights, smoke and balloons. Simply refining and clarifying the definition of different types of digital signs will make interpreting and enforcing the code easier both for the planners and the public. Making changes to municipal code requires considerable research, public input and City Council approval, and therefore often lags far behind the changes in sign technology and public opinion.
 
As I write this, the city of San Jose is approaching the conclusion of a long period of public input, hearings and reporting on their effort to revise the sign ordinance, and the likelihood that the result will be a relaxation of restrictions to allow more and larger digital displays in the downtown area was significant enough to make the morning news.
 
CONSTANT PRESSURE
It is only through constant pressure from sign companies and commercial interests that each city will consider the merits of well-designed and appropriate digital displays, and sign professionals must approach the issue in the spirit of cooperation and the betterment of the community. We are all concerned about visual clutter and aesthetic value, and our input is valuable in the development of more effective and enforceable sign code.
 
Though variances are expensive, time consuming, and rarely successful, it is worthwhile to include digital signage in an application when appropriate, and be prepared to offer information in support of its approval. Many cities will consider each case on its merits, even if the code appears to prohibit it. The more we try, the more often we will be successful, and the precedent will be set to support the use of animated signs in the future.
 

Eventually, every community will come to terms with the digital age, and incorporate changes in sign technology as befits the character of the town and the preferences of the public that will utilize them. If we are lucky, we will have the details worked out in time for the next evolution – 3-D holographic signs, perhaps?

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