Village Board approves variance for improved electronic message board outside Oswego High School

The Oswego Village Board recently granted a zoning variance to allow for an improved electronic message board with a scrolling effect and multi-color display on an existing ground sign at Oswego High School.

The original signage was installed in 1984 and updated in 2004, officials said.

Oswego-based School District 308 brought the issue to the village mainly because the current sign is old and parts would be difficult to replace, according to district officials.

The features of the proposed electronic message sign did not meet the zoning code’s restrictions on animation or colors and subsequently required a request for a variance and review by the village’s Planning and Zoning Commission prior to going before the Village Board.

“The existing message board sign utilizes the scroll feature. There have been no complaints from residents or motorists. It is likely that this feature is legal nonconforming. However, there is no way to prove that the scrolling motion predated the current standards,” village officials said in a report to trustees.

The district also requested a variance from the requirement to maintain a uniform color in text and background, according to the report.

“This standard is in place to ensure that messages are easy to read and minimizes distraction. However, a standard similar to this one is not incorporated as part of the Unified Development Ordinance. The standards specifying the appearance of a message board sign were added to the current zoning ordinance in 2013,” village officials said.

A U.S. Supreme Court ruling since then “clarified that ordinances relating to signs must be content-neutral in order to comply with the First Amendment right to freedom of speech. Controlling the appearance of the background or text of a message board sign may be a content-based regulation,” village officials said.

“Therefore, while there may be concerns regarding the distraction created by multiple colors, staff is reluctant to recommend denial based on this standard which may not be constitutional.”

The variances received approval by the Oswego Planning and Zoning Commission Dec. 7 before begin approved by the Village Board last month.

Linda Girardi is a freelance reporter for The Beacon-News.