Roswell, GA
Population: 94,089
Area: 40.72 square miles
This is a position paper titled, "The Public Purposes of Roswell's Sign Ordinance and the
Implications of Doing Without It". This city is not a good comparison to DeFuniak Springs, at
least as far as demographics. However, the sign committee requested that staff look for
community implications of sign regulations, and this paper is the only good example that we
were able to locate.
City of Roswell, Georgia
Department of Community Development
38 Hili Street, Suite G-30
Roswell, Georgia 30075
THE PUBLIC PURPOSES OF
ROSWELL'S SIGN ORDINANCE
AND THE IMPLICATIONS OF DOING WITHOUT IT
A Position Paper
December 7,1999
Prepared By:
Jerry Weltz, Ph.D., AICP
Planning Director
Weltz, Position Paper on Sign Regulation
December 7, 1900
2
THE PUBLIC PURPOSES OF
ROSWELL'S SIGN ORDINANCE
AND THE IMPLICATIONS OF DOING WITHOUT IT
Directive
In response to a recent Fulton County Superior Court ruling relative to the clty's sign ordlnance, '
I was directed by Michael McGuire, Roswell's community development director, to prepare a
position paper outlining the purposes of sign regulations and discussing the implicetions and
effects of Roswell doing without its sign ordinance,
PUBLIC SAFETY RATIONALES
Historically, communities and courts had to go to great lengths to justify billboard and sign
regulations on the basis of public safety alone. Consider the ruling of a court In 1905 with
regard to the public safety jUstifications for billboard and sign regulation:
"In cases of fire they [signs] often cause their spread and constitute barriers against their
extinction; and in cases of high wind, their temporary character, frell structure and broad
surface render them liable to be blown down and to fall upon and Injure those who may
happen to be In their vicinity, The evidence shows and common observation teaches us
that the ground in the rear thereof Is constantly used as privies and dumping ground for
ali kinds of wasle ... that behind them the lowest form of prostitution and other acts of
Immorality are frequently carried on, almost under public gaze; they offer shelter and
concealment for the criminal while lying in wait for his victim" 2
This passage conjures up Images In cartoons, where a motorist who is speeding along a
highway Is chased and then caught by the motorcycle cop who was 'lying In wait for his victim"
using a billboard as 'concealmenl.' These Images are hardly true anymore, if indeed they ever
1
SMD, LL.P. and lIabillly L1mHed, Inc. v Clly of Roswell, Civil Action File No. E·65358. November 18, 1999.
City of Passaic y Paterson Bill Posting and SIgn Painting Co., 72 N.J.L 285, 62 A. 267 (1905), clled In Robert R.
Wnght and Morton Glteiman. 1982. Land Use: Cases and Maledals. 3d. Ed., pp. 1022·1023. St. Paul: West
Publishing Co., 1982.
2
Weltz, Position Paper on Sign Regulation
December 7,1999
3
were, as billboards are rarely so close to the ground as to provide opportunities for
concealment.
Today, bul/dlng code requirements address many of the public concerns about dangerous
signs. The Standard Building Code provisions relative to signs are supposed to ensure that
they will not pose a fire hazard and are appropriately anchored or secured so that they don't fall
or blow down on someone. However, the building code does not regulate the locetion of signs,
except to prevent them from Interfering with an entryway or fire escape. 3 Nor doas the building
coda regulate to any aignificant degree the size 01 signs, their materials, their height, or their
color. Building code provisions for signs are woefully Inadequate to daal with other public safety
problems Inherent In the erection of signs. A sign ordinance restricts the location of signs and
helps to avoid damage to persons and property. WHhout a sign ordinance, signs cen pose a
clear danger to publlo safety. In short, it has long been recognized that signage oontrols are
needad to promote trafflo safety and avoid traffic accidents.
A 1980 Federal Highway
Administration study found a positive correlation between billboards and accident rates. 4
SighS too close to the road can cause accIdents. Without additional regulation, signs can be
placed dangerously close to rlghts-of-ways In locations where they might be struck by an
oncoming vehicle using the road or having to veer off the roed.
Signs can Impair visIbility. The placement of signs cen Interfere with the sight of. motorists
trying to exll a driveway onto a public road.
SIgns distract motorists. Commercial signs, by their very nature, are designed to direct, if not
distract, motorists to tum off the roadway and into a property to frequent a business. To the
extent that commercial slgnege captures the sight and attention of a motorist, It distracts
motorists from the primary purpose of safely maneUVering a vehicle along the road.
Southern Building Code Congretlslnternatlonal. Inc. Standard Building Code. 1994. Seotion 3108.1.9 .. Location
Restrictions.
3
4 Scenic America. Fact Shest (1): Billboard Control: E19hUng Ylsyal PoMon. (http:/twww.scenlc.org/fact1.htm.)
Weitz, Posilion Paper on stgn RegulatIon
December 7, 1900
4
Srgns can confuse motorists by mimicking traffic safety signals and signs.
Motorists
might confuse signs that contain flashing or blinking red, green, or yellow lights (such as a
lighted portable sign adjacent to the road) with roadway traffic signals.
Signs constructed of
shapes like an octagonal "stop" sign might also impair public safety.
Excessive window signs may oonceal robberies.
A retail merchant may elect to have a building and entrance that does not provide visibility to the
exterior at all.
However, most merchants do elect to provide visibility via glass doors and
windows. Signs controls, such as Roswell's, often limit the amount of storefront window and
door areas that can be covered with signs. Without slgnage, storefront windows offer viSibility
from the outside that help to dissuade robbers from 'holding up" a store at gunpoint. However,
absent regulations for window signs, general observation suggests that merchants will plaster
their windows with sale and product signs, sometimes to the point that visibility of activities
within the store is almost entirely concealed.
Limits on window signs can provide for an
appropriate minimum of exterior visibility and thus increase public safety of commercial areas
through a reduction In crime potential. This observation is based on partiCipation by pOlice staff
in the writing of Albany, Georgia's comprehensive sign ordinance in 1989.
PUBLIC HEALTH RATIONALES
Robert Ulrich, a professor of environmental psychology at Texas A & M, has found that the
Impact of roadside blight significantly raises stress levels and reduces peoples' ability to solve
problems. The passage below explains relevant results of that study:
'Researchers had 160 people drive simulated commutes. First,... the subjects
performed difficult math problems or viewed workplace safety videos that showed
workers getting their hands chopped off. Then, once they were stressed, the 160 people
were assigned randomly to one of four rides In a simulator at 35 mph ... During the
simulated commute, stress levels were monitored by checking blood pressure,
respiration, heart rate, skin conductance, facial muscle activity and eye movements. For
those exposed to a rural setting or a parkway, stress levels declined relatively quickly,
while stress levels for people exposed to strip developments remained high ... After the
commute, the study's subjects did math problems or were shown videos to measure
their work productivity and ability to deal with stress... People exposed to the
sprawlscape fared poorly. 'If our research is replicated, It would be justified to raise the
Weltz, PoslUon Paper on Sign Regulallon
December 7,1999
5
possibility of roadside bl!pht and strip sprawlscapes being In some respects a public
health Issue,' Ulrich said.
White the above referenced results cannot be attributed exclusively to signs, It is safe to assume
that commercial stgnage contributes to the experiences resulting from the simulated commutes.
Further, these results have led the organization, Scenic America, to conclude that 'sign
overload causes negative mental and physical effects." 6
Moreover, Scenic America Indicates the following, Implying that billboards may increase the
frequency of alcohol and tobacco use because companies seiling tobaCCO and alcohol are the
most frequent users of billboards:
City after city has found most billboards are located In low-Income, minority
neighborhoods, and that most billboards In those neighborhoods advertise alcohol and
tobacco. A Baltimore, MD, study revealed that three out of four billboards were located In
the city's minority neighborhoods, Of those billboards, 75 percent advertised alcohol and
tobacco products, Other studies In Chicago, Detroit, Louisville, Atlanta, and elsewhere
reveal similar trends. Alcohol and tobacco advertisers are leading users of billboards
according to the most recent Advertising Age figures. Of 1993's top ten billboard users,
eight are tobacco or alcohol companies, In the first quarter of 1995, tobacco was the
leading category of prodUcts advertised on billboards." (Scenic America web page)
PUBLIC WELFARE AND PUBLIC INTEREST RATIONALES
SIgns can degrade property values. A principal purpose of land use regulations, including
sign controls, is to protect and preserve property values. As planner Fred Bair notes, "There Is
no question that signs may affect the character of districts and the value of buildings. or thai
they are not appropriate in different parts of a town:
1
The size, height, materials of
construction, loeatlon, conditIon, and attributes of signs can have an Impact on surrounding and
nearby land uses, For instance, If signs were unregulated, large, tali signs could be erected In
• Anna Borgman. June 18, 1995. 'Suburbla's Signs of Stre8sfulllmea.· The Washington Post. As described In
Meg Maguire, Ray Foote, and Frank vespa. 1997. '8(Jauty kt. Well As Bread: Journal ortha Amerjcan Planning
Assodallo" 63, 3: 317-328. See footnotes 4 and 6.
e Scenic America. Fact Sheet (1): Billboard Control: Rghllng Ylsual Pollution, hHp:/lwww.sconlc.orgifactl.htm.
7
Balr Jr., Frederick H. 1979. Planning gules, (Chicago: Amarlcan Planning AssoCIation). pp. 244·254.
Weltz, Position Paper on Sign RagulaUon
December 7, 1999
6
the city's single family residential districts. Such signs, if erected, would be out of character with
residential nelghbor11oods and could result In the lowering of property values for residential use.
As another example, blighted signs and antiquated signs and sign struotures (I.e., the pole with
a blank structure for a 81gn face) can contribute to an overall Image of blight and a reduction of
property values In declining areas, If not addressed and removed via sign controls.
Sign
regulations, Including Roswell's sign code, are designed to ensure that slgnage Is compatible
with Its surroundings and does not take away from the character of particular districts.
Unregulated 81gnage can degrade the utility of public 8afety 8lgns.
In some places,
unregulated signs can reduce the effectiveness of signs needed to direct the public due to
competition with other signs and the resulting reduction in visibility of public purpose signs.
Certain signs, particularly billboards, provide little If any useful Information. Business
Identification signs are certainly essential to the economic success of businesses. However, not
all commercial messages serve such public purposes. As noted by Scenic America, It Is likely
that many people gel lillie or no useful information from billboards.
All other advertising medlume are reguleted, so why not unavoldabla Impacte of
advertising signs? The Federal Communications Commission regulates our air waves and
television stations and the content that passes through them.
Aside from the Highway
Beautification Act of 1965, there is little if any federal Involvement in the regulation of Signs. I
find this lack of federal regulation Interesting in the sense that signs are one of the most
obtrusive forms of advertising. Signage Is probably the only type of advertising that cannot be
turned off or reJeoted by the oonsumer. Radio advertisements can be avoided by turning off the
radio. The seme Is true with television advertisements; we flip channels or take a break when
television commercials come on. Junk mall can be thrown away. We quickly flip past the
advertisements In our favorite magazine when we are disinterested. Phone solicitations can be
avoided with ·oaller Identification' or terminating the conversation. The same cannot be said of
outdoor advertising structures and commercial signs. One's vision of slgnage cannot be turned
off. We are captivated by slgnage when we drive down the road. How do you avoid signs? We
must keep our eyes open to drive and cannot blook out signs from our peripheral vision.
Perhaps one could take an alternative route that Is not developed with signs, but that's not
Welt%, Position Paper on Sign Regulation
December 7, 1999
7
always feasible. Absent federal and significant state regulation, It Is in the public interest for
cities and counties to control slgnage.
Signs derive the!r value from public Improvements. Why do businesses exist and prosper?
Because consumers have access to their locations via publlo rlghts-of-ways.
Would a
commerCial business sign do any good if there was not a public road from which to view It?
Probably not.
Businesses locate, and signs arB constructed, because of the access the
community provides to business locations. It Is precisely these types of advertiSing that are the
principal target of local sign regulation - most of the signs controlled locally are those which are
visible from public ways. It Is the public way that oreates the value for the person erecting the
sign, and visibility from the public way Is what creates the problems which give rise to the need
for sign controls. This is a pretty sound rationale for sign regulation, In my opinion. It logically
follows, If one accepts the premise that the publlo way provides value, that the publio therefore
has a right, and indeed an obligation, to oontrol the problems that arise from creatlng that value.
Unregulated slgn8 adversely Impact public Investments. Sign regulations help to assure
that public benefits derived from expenditures of public funds for the Improvement and
beautification of streets and other public structures and spaces are protected.· in the case of
Roswell, Imagine the Impact that unregulated signs would have on the $1 million streetseape
Improvements made to Canton Street, the cily's signature historic streetscape? Unregulated
signs, if permitted to be erected on Canton Street, would almost assuredly neutralize those
streetsoape Investments. The same can be said for other corridors of the city. within Which
Roswell Is currently establishing design guidefines to approve their appearance. Unregulated
signs have the potential to negate those publlo Investments, as well.
BUSINESS INTEREST RATIONALES
Sign regulation Is In the Interest of bUSinesses, whether their owners and operators
realize It or not. One often overlooked justification for the regulation of signs is that sign
regulations benefit those businesses that seek to advertise.
Simply put, unregUlated
competition among business results In too many Signs. Unregulated erection of signs can reach
• Mesa, Arizona, sign ordinance. http://www.cl.mesa.az.us/piannjnglslgnord.h1mt1443
Wellz, Po.~lon Paper on SIgn RegulaVon
December 7, 1999
8
a "point of diminishing returns" {Balr 1979} where Individual business signs are not adequately
visible, Rodney Cobb, In an article about portable signs, has also made this paint.
8 usiness owners, wanting higher visibility than their competitors, clutter tile landscape
along roadways wHh portable and othar types of signs, Yet, In the forest of signs their
messages are lost because the number of signs Is overwhelming, The spiraling
competition for visual recognlUon thus defeats the purpose of the signs themselves· to
carry a message, usually a commercial one {Cobb 1988),9
Think about this one, I certainly find It true. I observed this phenomenon when I worked for the
Albany Dougherty Planning Commission and I would travel the commercial strip known as
"Slappey Boulevard" In Albany. After (conservatively) more than two or three dozen trips down
this thoroughfare, on one vehicle trip I recall thinking to myself: "Hey, I'Ve never noticed that sign
or business there beforel" Patrons of Individual businesses located along the unre9ulated
commercial strip may miss their destination because they cannot find the particular business In
the sea of advertiSing devices. The unregulated commercial strip slgnage also can work to the
detriment of individual businesses In that they are forced to erect larger and more costly signs to
outdo their neighboring businesses and competitors.
Therefore, sign regulations benefit
Individual business owners. This is somewhat paradoxical but true, because business owners
are usually the most vocal opponents of local sign regulations.
In the words of SceniC America, 'sign clutter, like a room full of screaming kids, so distracts the
consumer that no message gets through clearly. Having smaller and fewer signs enables
businesses to eto a better job seiling their wares at less cost."
The lack of sign controls causse uncertainty among prospective business owners.
Roswell's sign code provides prospecllve businesses with guidance on how much slgnage they
may have, where it Is allowed to be located and what types of signs are pennltted. Without sign
controls, business owners lack such guidance. In Roswell, a design review board reviews all
building fecades, site plans. and sign applications. Without a sign code, It appears that sign
permit applicallons arB left to the discretion of the design review board. Such a situation could
9
Cobb. Rodney L. Apr" 1988. Portable Signs: Law and Regulallons. land Use Law and Zoning Digest. (Chicago:
American Planning Association). pp.3-7.
Weltz. PORmon Paper on Sign RegulaUon
9
December 7. 1999
have detrimental Impacts on businesses, either through Inequitable treatment or a delay In the
time Involved In the permitting of signs. Such potential detrimental Impacts would not exist or
would be mitigated with a clear set of sign regulations.
AESTHETIC RATIONALES
Let's face It. When all Is said and done, we can give many reasons to justify the city's sign
ordinance.
However, among the most relevant reasons are to promote and ensure the
aesthetics of the communMy. In the earliest days of sign regul<ltions, relying on aesthetics as a
rationale could not legally justify local sign controls. The United States Supreme Court began a
slow transformation, from lis previous position that aesthetics alone could not justify land use
regulations, to a position that aesthetic considerations were legitimately wllhln the scope of
police power. In 1954. Justice Douglas of the high court found the following:
The concept of public welfare is broad and inclusive. The values II represenls are
spiritual as well as physloal, aesthetic as well as monetary. It Is within the power of the
legislature to determine that the community should be beautiful as well as healthy.
spacious as well as clean, well balanced as well as carefully controlled.'o
Sign regulations help communities maintain their scenic heritage and unique character. Without
Roswell's brand of sign regulation, Including board/commission review, its commercial areas will
likely end up looking like any other place.
Signs can Interfere with scenic views.
The
appearance of the community, which is substantially Influenced by signs. Is essential to the
city's long-term economic viability and helps determine how residents and visitors alike perceive
It. Sign conlrol is an Integral part of Improving visual character and quality of life. A look at
some of the purpose and Intent statements of other local sign codes helps to underscore the
various aesthetic purposes served by regulating signs:
,0
Bennan VParker 346 U.S. 26. 75 S. CI. 911, 99 L. Ed.27 (1954).
Weltz, Posillon Paper on Sign Regulation
December 7,1009
•
10
Provide a reasonable blllllnce between the right of an IndivldulIl to Identify his business and
the right of the public to be protected against the visual discord resulting from the
unrestricted proliferation of signs and similar devices.
•
Insure that signs are compaUble with adjacent land uses and with the total visual
environment of the community.
•
Recognize that the size of signs which provide adequate identification In pedestrian-oriented
business areas differs from that necessary In vehicular-oriented areas where traffic is heavy,
travel speeds are greater, and required setbacks are greater than In pedestrian areas.
•
Encourage signs which are well-designed and compallble with their surroundings and with
the buildings to which they are appurtenant (Source: Westminster, Colorado sign code,
bllp:lIwww. cl.westmlnste[.co.us/code!lllle11Itllcll.htm).
•
Encourage creative and well·deslgned signs that contribute in a positive way to the City's
visual environment, express local character, and help develop a disllnctive image for the
City. Predictable and mediocre signs are discouraged.
•
Encourage signs that are responsive to the aesthetics and character of their particular
location, adjacent buildings and uses, and the surrounding neighborhood. Signs should be
compatible and integrated with the building'S architectural design and with other signs on the
property
(Source: City of Weet Hollywood Draft Sign Ordinance, http://www.
gmcaplans.CQmiwehoslgn,htm).
•
In recognition of the City's dependence on commerce and a truly unique and picturesque
environmental setting, the City adopts this chapter In order to promote and protect the
health, safety and general well being of its CItizens; to protect and enhance harmonious and
historically Significant architecture; and to encourage high aesthetic quality, human scaled
and pedestrian friendly development within the City of Traverse City (Michigan).
•
An excess of large, ugly, Intense signs causes a visual blight on the appaarance of the City
by detracting from views of structures and open space. This visual blight adversely effects
the aesthetic quality of life and traffic safety In Santa Monica for residents, businesses,
pedestrians, and persons In vehicles. In order to promote the appearance of the City, While
protecting the rights of sign owners to expression and Identification, the regulation of
existing and proposed signs is necessary to protect the public health, safety and general
welfare.
Weltz, Pos!l!on Paper on Sign Ragulatlon
11
December 7,1999
•
The purpose of the Sanla Monica Sign Code is to encourage signs which are integrated with
and harmonious to the buildings and sites which they occupy, to eliminate excessive and
confusing sign displays, to preserve and Improve the appearance of the Clly as a pillce In
which to live and to work and as an attraction to nonresidents who come to visit or trade ...
(Source:
City of Santa Monica, California.
9.52.020 Findings and
purpose.
http://Pen2.01.santa-monica,ca,yslcitv/munjcode/artQ9/9.52/9.52.020,html),
,
•
Preserve or enhance town character and scenic vistas by encouraging new and
replacement slgnage which is: 1. creative and distinctive; 2. compatible with the
surroundings; 3. appropriate to the type of activity 10 which It pertains; 4. expressive of the
Identity of Individual; 5, llpproprlaleiy sized in its context, so as to be easily readable
(Source: Bethel, Maine).
\\zEUS\USERS~weltzlMl,~I""$QII8\Slgnordlnsnc'l'ustlflcetlon,doc
December 7,1999