3j ANALYSIS AND DEVELOPMENT OF EFFECTIVE LOCAL OUTDOOR ADVERTISING CONTROL by RICHARD S. FRISBIE B. Arch., Oklahoma State University, 1962 A\4 A MASTER'S THESIS submitted in partial fulfillment of the requirements for the degree MASTER OF REGIONAL PLANNING Department of Regional Planning KANSAS STATE UNIVERSITY Manhattan, Kansas 1966 Approved by: s^ *3 7'-LJy^u+j- (Zi<-fr~a^><L^ Major Professor It LD 9. 2Mf i ri-fw P?/7 C Z Docor^or\\' This thesis is dedicated to the memory of my brother, JAMES BROWNELL FRISBIE ACKNOWLEDGMENTS Throughout the development of this thesis, several persons have provided valuable assistance. My sincere gratitude is extended to those persons. My wife, Carole, for skillful typing and editing; and my parents for financial and moral assistance. The members of my thesis review committee, Dean Emil Fisher, Dr. Ralph Dakin, Dr. Randall Hill, and Major Professor Eugene McGraw for general review, timely comments, and professional assistance. Mr. Richard Chamier for legal research instructions. The Mayors, City Managers, City Planners, Building Inspectors, and others for replying to the mail questionnaire. Lt. Dwight B. Cavender and Mr. James Breneman, my colleagues, for helpful suggestions and guidance. Mr. Daniel W. Greenbaum, Madigan - Hyland, Incorporated, for information pertaining to the relationship between accidents and the presence of advertising devices. Mr. E. H. O'Neil, Jr., National Advertising Company, and Mr. William T. Gildea, Jr., National Outdoor Advertising Bureau, Incorporated, for information pertaining to the economics of out- door advertising. TABLE OF CONTENTS CHAPTER PAGE I. INTRODUCTION 1 The Problem LI Definitions of Terms Used L7 II. REASONS FOR REGULATION 27 Safety 27 Aesthetics 35 Loss of Functional Identity 54 Orderly Land Use Development 61 III. BASIS FOR REGULATION 69 Possible Judicial Issues 71 Judicial Interpretations 74 IV. CURRENT REGULATORY MEASURES 83 Federal Regulations 83 Local Regulations 92 V. OUTDOOR ADVERTISING ORDINANCE 121 Purpose 121 Scope 121 Definitions 122 Administration 125 General Limitations 128 Classification of Outdoor Advertising Devices 130 Permitted Use and Location of Outdoor Advertising Devices 135 CHAPTER PAGE Nonconforming Uses 137 Enforcement 139 VI. CONCLUSION 141 BIBLIOGRAPHY 151 APPENDIX 155 APPENDIX A. Correspondence with the White House 156 APPENDIX B. Questionnaire Package 160 LIST OF TABLES TABLE PAGE I. Accident Rates for Intersections by Frequency of Outdoor Advertising Devices 33 II. Representation by Size of Incorporated Cities with a Population of 10,000 and Over in I960 94 III. Questionnaire Return by City Size 98 IV. Per Cent and Number of Cities Within Each Class With or Without Outdoor Advertising Control 101 V. Per Cent and Number of Cities Within Each Class Stating the Control Provisions in Zoning Ordinance, Special Ordinance, Building Code, or Combination of the Three 102 . VI. Matrix Used to Score the Degree of Outdoor Advertising Control in Each Size City 106 VII. Per Cent and Number of Cities Within Each Class Having a Certain Degree of Control 108 VIII. Per Cent and Number of Cities Within Each Class Enforcing Their Controls by Fine, Withholding Building Permit, Imprisonment, or Combinations of the Three 110 IX. Per Cent and Number of Cities Within Each Class Using the Building Inspector, Planning Department, City Council, Zoning Administrator, or a Combination of the Four as the Control Agency for the Regulation 112 Vll TABLE PAGE X. Per Cent and Number of Cities Within Each Class Using Zoning Appeals Board, City Council, or Courts for an Appeal Agency 114 XI. Per Cent and Number of the Cities Within Each Class Having Their Control Measures Either Upheld by the Courts or Not Tested by the Courts 115 XII. Per Cent and Number of Cities Within Each Class Allowing a Certain Degree of Time Before Nonconforming Uses Must Cease 117 LIST OF FIGURES FIGURE PAGE 1. ExampLe of Egyptian Letter Forms 5 2. ExampLe of Sans-serif Letter Forms 6 3. Example of Ionic Letter Forms 7 4. ExampLe of Tuscan Letter Forms 8 5. ExampLe of a MobiLe Outdoor Advertising Device L9 .... 6. ExampLe of an Overhanging Outdoor Advertising Device 20 7. ExampLe of a Ground Outdoor Advertising Device 20 8. ExampLe of a Roof Outdoor Advertising Device 2L 9. ExampLe of a WaLL Outdoor Advertising Device 2L L0. ExampLe of a PoLe Outdoor Advertising Device 22 LL. ExampLe of a Snipe Outdoor Advertising Device 23 ... L2. ExampLe of a NoniLLuminated Outdoor Advertising Device 23 L3. ExampLe of a DirectLy ILLuminated Outdoor Advertising Device 24 L4. ExampLe of an Indirectiy ILLuminated Outdoor Advertising Device 25 L5. ExampLe of a FLashing ILLuminated Outdoor Advertising Device 25 16. ExampLe of a ControLLed Outdoor Advertising Device 26 L7. ExampLe of a Hazardous Device 28 L8. ExampLe of a Hazardous Device 29 L9. ExampLe of SimpLicity and Unity of Design 37 IX FIGURE PAGE 20. Example of Contrast in Design 38 21. Example of Symmetrical Design Balance 40 22. Example of Asymmetrical Design Balance 41 23. Example of Design Originality 41 24. Example of Design Integration 42 ; 25. Example of Design Integration 43 26. Example of a Device Complementing the Architectural Character 44 27. Example of a Device Complementing the Architectural Character 44 28. Examples of Poorly Maintained Devices 46 29. Examples of Poorly Maintained Devices 47 30. Example of a Device Lacking Simplicity of Design 48 31. Example of a Device Lacking Contrast 48 32. Example of a Device Lacking Balance 49 33. Example of a Device Failing to Achieve Originality 50 34. Example of Poor Integration with Surroundings 51 35. Example of Poor Integration with Surroundings 52 36. Example of Poor Integration with Surroundings 52 37. Example of Poor Integration with Surroundings 53 38. Example of Poor Building Sequence 53 39. Example of an Unnecessary Device 54 40. Example of an Excessive Density of Devices 59 41. Example of an Excessive Density of Devices 59 FIGURE PAGE 42. Examples of Disorderly Development 65 43. Examples of Disorderly Development 66 44. Example of Disorderly Development 67 45. Example of Disorderly Development 67 46. Questionnaire Distribution 95 47. Street Scenes, Carmel, California 146 48. Street Scenes, Carmel, California 147 49. Street Scenes, Carmel, California 148 50. Street Scenes, Carmel, California 149 51. Street Scenes, Carmel, California 150