Billboard Text Amendment Joint City-County Planning Committee

Billboard Text Amendment Joint City-County Planning Committee February 4, 2009 Prepared by the Durham City-County Planning Department Good Things are Happening in Durham UDO Sign Ordinance Sec 11.1.1, Purpose  Maintain and enhance the aesthetic environment, and the community’s ability to attract sources of economic development and growth  Eliminate physical and visual clutter  Improve pedestrian and traffic safety  Minimize possible adverse effects of signs on nearby public and private property Good Things are Happening in Durham Billboards in Durham  Billboards are “off-premise” signs  In the 1980’s and 90’s, Durham determined that billboards are aesthetically detrimental  Prohibited new billboards  Required removal of many existing billboards under a six-year “amortization” period Good Things are Happening in Durham Billboards in Durham  The billboards that remain are protected under the Federal Highway Beautification Act  Located on Interstate or federal-aid highways  We would have to pay “just compensation” for their removal – value of property plus lost revenues  They are “nonconforming”  Legal when established but now prohibited  The goal for any nonconforming use or structure is eventual removal  In the meantime, it cannot be expanded or enlarged Good Things are Happening in Durham Nonconforming Billboard Restrictions  May not be enlarged, relocated, or improved through substantially different materials  May not add lighting; existing lighting may not be increased  Must be removed if repair or damage exceeds 25% of value  Lesser of declared value when permitted or replacement value Good Things are Happening in Durham Nonconforming Billboards: Limited Life Span Expected They are removed due to:  Highway Construction (Compensation by state if no relocation)  Property Owner Decisions (Billboards lease space on private property)  State Permit Revocations  Maintenance Over 25% of Value  Acts of God NCDOT, City Staff Good Things are Happening in Durham Durham Billboard Numbers Year 2000 2008 2010 Number 101 billboards 89 billboards (46 owned by Fairway) Estimate removal of billboards due to East End Connector ROW acquisitions (all owned by Fairway) NCDOT, City Staff, Fairway Web Site Good Things are Happening in Durham National Rate of Attrition  National average rate of attrition for nonconforming billboards appears to be 1.5-2% per year  11% have been removed in Durham since 2000, right at the national average  With removed in 2010, we will exceed the national average Good Things are Happening in Durham Additional Removals Pending Also anticipate removals for other projects listed in DCHC MPO’s 2030 (adopted) and 2035 (proposed) Long Range Transportation Plans  Alston Avenue widening (2011)  1-2 likely removed  Others determined as project designs are completed and ROW acquisition begins City Staff Good Things are Happening in Durham Digital Billboards Good Things are Happening in Durham Safety – Billboards “Roadside advertising billboards are designed by their very nature to attract attention, but the related potential threat to road safety is not acknowledged by the industry.” “Prudence should be exercised when authorizing or placing roadside advertising.” Driven to Distraction: Determining the Effects of Roadside Advertising on Driver Attention, Young & Mahfoud (2008) Good Things are Happening in Durham Safety – Digital Billboards  Studies indicate that dynamic billboards tend to distract drivers to a greater degree than standard billboards  “Zeigarnik effect” – a driver may be motivated, or even compelled, to watch for changes Local Regulation of Dynamic Displays: Bridging Research, Planning Policy, and Law, Baker and Wolpert (2008) “It is a given that a billboard can constitute a traffic hazard It follows that EMCs [Electronic Message Centers], which provide more visual stimuli than traditional signs, logically will be more distracting and more hazardous.” Naser Jewelers, Inc v City of Concord, N.H (1st Cir 2008) Good Things are Happening in Durham Safety – Digital Billboards  Brightest object in the driver’s field of vision, especially at night  Causes inadvertent, instinctual glances  New images every seconds cause lingering looks to see what’s next  Complex messages often take seconds to comprehend Scenic America Good Things are Happening in Durham Safety – Digital Billboards  Wisconsin DOT – Analyzed crash rates on I-94 after installation of a variable message sign at adjacent Milwaukee County Stadium  Eastbound lanes - 36 percent crash increase  Westbound lanes - 21 percent crash increase  Conclusion: The variable message sign had a negative effect on traffic safety, notably increasing the rate of sideswipe crashes  Orientation of sign toward eastbound lanes accounted for the higher crash increases Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction, FHWA (2001) Good Things are Happening in Durham Industry Safety Studies  Two studies are cited by the billboard industry as establishing that digital billboards are safe  A Study of the Relationship Between Digital Billboards and Traffic Safety, Tantala Associates, for the Foundation for Outdoor Advertising Research and Education (FOARE) (2007)  Driving Performance and Digital Billboards, Lee, McElheny and Gibbons, Virginia Tech Transportation Institute, for FOARE (2007)  The conclusions, however, are not fully supported within the studies Good Things are Happening in Durham The Wachtel Report Also…the State of Maryland Commissioned an independent assessment of the studies Conclusion: “Having completed this peer review, it is our opinion that acceptance of these reports is inappropriate and unsupported by scientific data, and that ordinance or code changes based on their findings is illadvised.” A Critical, Comprehensive Review of Two Studies Recently Released by the Outdoor Advertising Association of America, The Veridian Group, Inc., for Maryland State Highway Administration (2007) Good Things are Happening in Durham Safety – Other Factors  Route Familiarity: With traditional signs, distraction decreases with familiarity Digital signs, however, are always new  Disability Glare/Discomfort Glare  Driver Age and Experience: Older or inexperienced drivers, who have less attention to spare, could be placed at even greater risk by digital billboards SRF Consulting Group, Inc for City of Minnetonka (2007) Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction, FHWA (2001) Good Things are Happening in Durham Safety – Bottom Line  Overall, the literature identifies a relationship between driver distraction and electronic outdoor advertising devices  In the interest of promoting public safety, electronic signs should be viewed as a form of driver distraction and a public safety issue  Studies conducted by FHWA and others cite the need for further research SRF Consulting Group, Inc for City of Minnetonka (2007) Good Things are Happening in Durham Pending Studies  The Federal Highway Administration (FHWA) is planning research  The American Association of State Highway and Transportation Officials (AASHTO) is sponsoring preliminary research leading to future investigations  The Transportation Research Board of the National Academy of Sciences (NAS) is conducting a human-factors workshop and will manage AASHTO research Scenic America Good Things are Happening in Durham AAA Opinion “Driver distraction has been acknowledged as a contributor to accidents The question remains, how significant of a distraction are digital billboards to motorists and what should be done about it? The topic deserves more research and I am pleased that FHWA is doing it.” Peter Kissinger, President and CEO of the AAA Foundation for Traffic Safety, quoted in The Debate Over Digital Billboards: Can New Technology Inform Drivers Without Distracting Them?, Birdsall, ITE Journal, April 2008 Good Things are Happening in Durham Other Triangle Cities  Chapel Hill  Prohibits all billboards  Cary  Prohibits all billboards  Morrisville  Prohibits all billboards  Raleigh  Prohibits electronic billboards  Standard billboards only in I with stringent restrictions  Most billboards removed in 1990’s Good Things are Happening in Durham California  Oakland, May 2008 - Recurrent digital billboard malfunction  Brightness impairs driver vision  Caltrans inundated with complaints  Los Angeles, December 2008 – 3-month billboard moratorium, can be extended months  Digital billboards have angered residents of many neighborhoods  State Legislature, January 2009 - Moratorium bill introduced  No new or digital converted billboards for years  Safety concerns and driver distraction are the crux Los Angeles Times, Curbed LA, San Francisco Chronicle Good Things are Happening in Durham On-Premise Signs in Durham  Digital on-premise signs are allowed in the Downtown Tier with a favorable recommendation by DDRT and Planning Director approval  Otherwise, changeable copy is allowed only in limited situations and can change only times per day (except time and temperature) Digital billboards could open the door for digital on-premise signs Good Things are Happening in Durham Planning Department Research Assessment  The current ordinance provisions protect the long-term health, safety, and welfare of Durham citizens  NHWA, AASHTO, and NAS targeted safety studies are pending and waiting for the outcomes is advisable  Any proposed change should be fully assessed by independent technical and legal experts given the regulatory complexity and safety and liability ramifications Good Things are Happening in Durham Closing Thank you for your attention Questions? Staff Contact: Julia Mullen, Planner 560-4137 ext 255, julia.mullen@durhamnc.gov Good Things are Happening in Durham