Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

28 July 2010 / le 28 juillet 2010

 

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/Directrice municipale adjointe, Infrastructure Services and Community Sustainability/Services d 'infrastructure et Viabilité des collectivités

 

Contact Person/Personne ressource : Arlene Gregoire, Director/Directrice, Building Code Services and Chief Building Official/Direction des services code du bâtiment et chef du service du bâtiment, Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424 x 41425, arlene.gregoire@ottawa.ca

 

City Wide/à l'échelle de la Ville

Ref N°: ACS2010-ICS-PGM-0143

 

 

SUBJECT:

DIGITAL BILLBOARD SIGN - PILOT PROJECT

 

 

OBJET :

PROJET PILOTE DE PANNEAUX D’AFFICHAGE NUMÉRIQUES

 

 

REPORT RECOMMENDATION

 

That the Planning and Environment Committee recommend Council approve:

 

1.                  Waiver of Section 170(2) of Sign By-law 2005-439 pertaining to illumination restrictions prohibiting readograph and electronic messages on billboard signs and permitting digital LED billboard signs as a pilot project for a maximum two-year period at three of the locations set out in the Billboard Advertising Report approved by City Council on July 14, 2010, as determined by the Director of Building Code Services following consultation with the respective Ward Councillor.

 

2.                  Authorizing the Director of Building Code Services to impose such constraints as to the illumination intensity, the frequency and manner the images change, etc, as is deemed necessary by the Director, to facilitate the pilot while having due regard to public safety.

 

RECOMMANDATION DU RAPPORT

 

Que le Comité de l’urbanisme et de l’environnement recommande au Conseil d’approuver :

 

1.         La dérogation au paragraphe 170(2) du Règlement no 2005-439, régissant l’illumination des enseignes sur les propriétés privées et interdisant des messages à lettres amovibles ou électroniques, et autorisant, à titre de projet pilote, et ce, pour une durée maximale de deux ans, des panneaux d’affichage numériques à diodes électroluminescentes (LED) à trois des endroits proposés dans le rapport sur les panneaux d’affichage publicitaires approuvé par le Conseil le 14 juillet 2010, que le directeur, Services du Code du bâtiment, déterminera en consultant le conseiller municipal visé.

 

2.         Que l’on autorise le directeur, Services du Code du bâtiment, à imposer des limites quant à l’intensité de l’illumination, à la fréquence à laquelle les images changent et à la manière dont ces changements se font, etc. selon ce qu’il considère pertinent pour que le projet pilote puisse être réalisé en tenant compte de la sécurité du public.

 

 

BACKGROUND

 

The City regulates signs located on private property through Sign By-law 2005-439 to permit identification and advertising at a scale, location and illumination compatible with adjacent and area land use.  Periodically, the by-law is updated to reflect Official Plan design objectives, changes to the Zoning By-law, City Council directives and to accommodate new forms of signage and new technology.

 

As a result of new technology emerging in the outdoor advertising industry, the Department received requests to consider allowing programmable LED digital screens to replace the current outdated technology where graphics must be changed manually.  Currently this type of billboard sign is not permitted as animated signs with moving messages and the associated high intensity illumination is considered a safety concern for passing motorists, a nuisance, and a detraction from community values.

 

On July 14, 2010, City Council approved the Billboard Advertising report (ACS2010-COS-ODP-0011).  This report referenced emerging LED technology and the anticipation that the sign industry, in responding to the RFP proposal to install billboard units on specific City owned property, will be interested in the viability of utilizing this form of display.  With the ability of digital signs to market time by the minute, these signs do generate considerably higher revenue for the industry thus rendering sites with this technology more valuable both for the industry and the City.  Digital display technology was also considered as part of the Integrated Street Furniture Program (ISFP) review as an option on transit shelters and information/wayfinding kiosks, currently permitted in many North American cities.

 

 

DISCUSSION

 

The Department has followed the advancements of the industry quite closely and is aware that the introduction of this new technology has significant benefits to the industry.

 

The advantages of LED screens identified to the ISFP Sponsor Committee included:

 

 

The Department is also keenly aware that the introduction of this technology into some markets has been met with considerable resistance from the traffic experts and municipalities.  Similarly, the Department is not convinced of the benefits to the City of Ottawa and is concerned that a change in the by-law would represent a significant departure from the intent of the by-law.  There has been a steady increase in public interest in sign regulations, particularly in Toronto, where the expansion of billboard signs was a factor precipitating recent changes in the administration and enforcement of signs.

 

The specific concern, common to all jurisdictions examining the issue of introducing digital billboards into their regulatory framework, is the issue of driver safety.  With the City responsible for traffic safety through traffic management policies regarding design, construction, maintenance and operation of roadways, the Department is concerned that there is insufficient technical information on the impact of digital billboards.   Outdoor advertisers specifically target the installation of these signs on high traffic roadways; no doubt in response to the cost‑effectiveness of introducing an expensive installation to an area where the greatest return can be anticipated.  It is the proximity of these signs with their high color contrast and greater ability to distract the eye that is of concern to both this Department and the Traffic Operations branch.  LED signs tend to utilize more intense illumination and to stream video.  It is recognized these types of issues pose difficulty to regulate and enforce.

 

Research of other cities and the review undertaken during the ISFP project indicated that most municipalities prohibited LED billboard signs but have either recently changed their sign by-law or are currently revising the by-law to incorporate provisions for digital advertising, although the distinction between static digital and dynamic digital is unclear.  Document 1 outlines the results of this preliminary review.

 

The introduction of this technology must be tempered with regulations that address brightness, spatial separation, set-back from adjacent land use in particular when residential land use is nearby, message repeat times, gateway objectives of the Official Plan, zoning, location restrictions and hours of operation.  To this end, careful consideration of the impacts of this technology in our community is necessary prior to permitting this form of signage in the Sign By-law.

 

Recommendation 1

 

PILOT PROJECT

 

The billboard advertising report considered by City Council on July 14, 2010 (ACS2010-COS-ODP-0011), through the RFP process presents a unique opportunity to test this technology on public land.

 

Sites considered appropriate test locations, selected in consultation with the Corporate Business Services Branch and the respective Ward Councillor, are setback from controlled intersections and, from a marketing perspective, located adjacent to high traffic volume roadways.  To gauge their impact, it is desirable that test units be located in different settings, such as along major collector roadways, in an urban and in a rural setting.  The locations will provide the ability to monitor this new technology and the effect on passing motorists and adjacent land uses.

 

The Department will work closely with Traffic Operations to track any effect on traffic before and after installation of the signs. The Ottawa Police Service will also be consulted to determine if factors related to driver distraction are a concern. The pilot project will be put on hold if safety is in any way compromised until all issues are addressed.

 

Staff will also gauge public reaction to the signs using an online survey and review experiences in others City’s where the signs are installed.

The Department recommends a pilot project for up to two years to properly assess the impact of this new technology and enable staff to develop appropriate controls should digital billboard signs be permitted city-wide.  This evaluation will form part of a study to be undertaken later this year evaluating a number of sign related issues, including the feasibility of permitting LED digital screens for billboards.  The preliminary results of the pilot will be included in the report on digital signs slated for 2011.  Should the evaluation of the LED units prove to require the full two-year period, the report will be delayed until the evaluation is completed.

 

Applicants to the pilot project will be responsible to satisfy the technical requirements related to the structural adequacy as determined through the sign permit review process.  The applicant is also required to supply and install the underground electrical supply, and to remove the sign, foundation, electrical supply and reinstate the property at the end of the two year period, unless the term is officially extended by the City.

 

It is recommended that despite Section 170(2) of By-law 2005-439 pertaining to illumination restrictions prohibiting readograph and electronic messages on billboard signs, digital LED billboard signs as a pilot project for up to two years at three of the locations set out in the Billboard Advertising Report approved by Council on July 14, 2010, to be confirmed by the Director following consultation with the respective Ward Councillor, be APPROVED.

 

Recommendation 2

 

With the illumination restrictions set out in Section 170(2) of the by-law waived for the three pilot LED digital billboard signs, parameters are required to avoid excessive illumination and driver distraction that could lead to a safety concern. 

 

Limitations to mitigate the potentially negative effects will be developed and imposed as part of the sign permit approval. For example, the message would be limited to changing intermittently at a rate of not less than once every six seconds; a maximum change rate between messages of one second, the illumination may not scroll, roll, fade in or out, blink, scintillate or give the impression of movement.  The full intensity of illumination would be limited to daytime hours, programmed to reduce the illumination intensity between dusk and dawn.

 

For the term of the pilot project and until specific regulations are included in the Sign By-law, should LED signs ultimately be permitted city-wide, it is recommended that the Director of Building Code Services be authorized to establish such constraints as to the illumination intensity, the frequency and manner the images change, etc. as is deemed necessary by the Director, to facilitate the pilot while having due regard to public safety. 

 

 

RURAL IMPLICATIONS

 

Sites located in the rural areas will be confirmed by the Director following consultation with the Ward Councillor.

 

 

CONSULTATION

 

Consultation will be undertaken as part of the overall pilot project evaluation and report on the feasibility of introducing this new technology city-wide.

 

 

COMMENTS BY THE WARD COUNCILLOR(S)

 

The Ward Councillors will be consulted on the suitable sites for the pilot project.

 

 

LEGAL/RISK MANAGEMENT IMPLICATIONS

 

The final selected sites will be included in the Billboard Advertising RFP process.  As such, the successful proponent(s) must assume all risk associated with the installation, on-going management and liability for the billboard signs.

 

 

CITY STRATEGIC PLAN

 

     This pilot project meets Objective 2 of the City's 2007 - 2010 Strategic Plan Sustainable Finances priority because it has the potential to result in increased revenue.

 

 

TECHNICAL IMPLICATIONS

 

N/A

 

 

FINANCIAL IMPLICATIONS

 

There are no financial implications to the City.  These signs will generate revenue to the City as detailed in the billboard advertising report approved by City Council July 14, 2010.

 

 

SUPPORTING DOCUMENTATION

 

Document 1    ISFP Sponsor Committee Research

Document 2    Standard Billboard Sign

Document 3    Digital Billboard Signs

 

 

DISPOSITION

 

The three sites for the pilot digital LED billboard signs will be included in the Request for Proposal.  With the successful proponent selected, contracts will be awarded once required approvals are in place and sign permits have been issued.  The sign company will then install the signs.

 

The three digital LED billboard signs, subject of the pilot, will be under contract for a period of up to two years.  Should the Sign By-law be amended to permit such billboard signs city-wide, then the contract may be renewed for the remainder of the unexpired portion of the five-year period.  If the pilot project results in a discontinuation of LED billboard signs, the proponent will be permitted to replace the digital billboard with a conventional billboard sign for the remainder of the five-year period.


 

ISFP Sponsor Committee Research                                                   Document 1

 

Research - Signage Page 1.bmp

Research - Signage Page 2.bmp


 

Research - Signage Page 3.bmp


Standard Billboard Sign                                                                       Document 2

 


Digital Billboard Signs                                                                          Document 3

 

Edmonton Digital Billboard.jpg

 

Standard Digital Screen – Edmonton

 

 

The ability to layer screens - USA