THE SIGNAGE FOUNDATION FOR COMMUNICATION EXCELLENCE, INC.

By understanding some of Pier 1 Imports' background and marketing philosophy, it is easier to understand Pier 1 Imports' current signage dilemma. In turn, as a retailer in City of Germantown, Pier 1 Imports has no intention of circumventing the city's Comprehensive Plan. We have reviewed Germantown's Plan. We believe that our request for an additional sign through the allowed variance process does not conflict with the purpose, scope and intent of the Comprehensive Plan as it applies to retail activities. Additionally, strong arguments can be made for 1) traffic safety considerations, 2) promotion of Germantown's economic goals, and 3) enhancement of the aesthetics and design characteristics of the area.

Promotion of Traffic Safety

The proposed sign is the minimum size available to create an effective information and directional device for Pier 1 customers, which still promotes traffic safety. The calculations used for developing the size standards are based upon government-developed formulas, recognized visual acuity standards and standard distances to accommodate for complex driving conditions.

Site Distances from Easterly Direction

The site plan and accompanying photographs illustrate some of the site's physical limitations. The landscaping in front of the shopping center has a heavy tree line. With the break in the tree line east of the building, however, the proposed sign can be observed by easterly traffic. The street conditions on Poplar Avenue are classified by Federal Highway Department's (FHD) standards as "complex" because of the multi-lanes the open ingress and egress.

We know from interviewing our customers as well as from our own experience that in order to promote and protect public safety, this sign request is the minimum size standard acceptable. These safety standards are based on government transportation engineering standards and are the minimum standards that allow a site to work as a retail operation.

Calculating Letter Height and Area of Sign from Guideline Formula

The readability guideline is 1" inch of letter height per 20' of distance.^[2] The viewing distance for this site is 500 feet. Given the color arrangement, we have used normal visual acuity. By applying the guideline formula, the results demonstrate that 25 inch letters should be the guideline for traffic safety. We are requesting a sign of a 24 square feet:

To obtain the area of the sign requested, the width of the letters and spaces must be considered. Letters are typically 2/3 as wide as their height. A rule a thumb is to square the letter height and then multiply the result by the number of letters and spaces to obtain the area of the sign. The requested sign "PIER 1 IMPORTS" contains 12 letters and 2 spaces. The formula is as follows:

By strictly using the formula, the proposed sign should have 25" of height per letter with a total sign area of 60 feet. Pier 1 has modified its sign to work with the City of Germantown. The proposed sign has 6 letters at 24 inches and 6 letters at 19.25 inches. The area of sign requested is 17' x 2' = 34 square feet. (See Exhibit "Variance Request-- Proposed Pier 1 Imports Sign" showing placement and size of letters in relation to the building).^[3] Combined Communications Corporation v. City of Denver (542 P.2d. 79) was one of the first cases in which the court determined based on transportation engineer data, evidence and opinion, that the belief that signs were a nuisance and a traffic safety hazard was unfounded and established the value of outdoor advertising. If you look at these studies and this case, you realize that the Federal Government has studied public and private signs since the enactment of the 1958 Highway Act. This will inexorably lead you to only one conclusion. Private signs are the major contributor to highway and street safety. We suggest that the city of Germantown is creating a needless liability if they do not grant the variance and sign size based on the formulas presented.

TABLE 1 MINIMUM RESOLVABLE SNELLEN LETTER SIZES FOR EYES WITH 20/20, 20/40 AND 20/60 VISUAL ACUITY
DISTANCE (FEET)	LETTER SIZE MINIMUM RESOLVABLE (INCHES)
	20/20	20/40	20/60
100	1.8	3.5	5.2
200	3.5	7.0	10.5
400	7.0	14.0	20.9
600	10.5	21.0	31.4
800	14.0	28.0	41.9
1000	17.5	35.0	52.4
1320	23.1	46.1	69.1

Source: Claus and Claus, The Sign User's Guide: A Marketing Aid

The 660' Janesville Survey which was prepared by the Research and Art Department of the National Advertising Company, used the distance method to determine the legibility of various color combinations used in road signs. They placed a series of four-foot high letters in different color combinations on the same sign panel, and then had the respondents approach the sign until the letter became legible to them. They used ten respondents and seven color combinations and tested both day and night visibility. White on black and saturn yellow on black were found to be the most visible, while light blue on white and red-orange on white were the least visible.

By knowing the distance at which each color combination became legible, one can compute the necessary height which the letters in a sign must be to be visible for a given distance. Thus, for average day-night viewing, bronze letters on a white background (judged most similar to Orange-Red on White in Table 2 must be one inch high for every 31 feet of viewing distance.

TABLE 2 COLOR AND LETTER SIZE CHART FOR 660' SETBACK SIGNS (SIZE OF LETTERS IN INCHES OF HEIGHT)
MAXIMUM VIEWING DISTANCE	DRIVING TIME IN SECONDS	ORANGE RED ON WHITE	WHITE ON RED	RED ON WHITE	WHITE ON BLACK	BLACK ON WHITE	BLUE ON WHITE
8,000	91	384	196	204	192	198	258
7,500	85	354	186	192	180	186	240
7,000	80	336	174	180	168	174	228
6,500	74	312	162	168	156	162	210
6,000	68	288	144	156	144	144	192
5,500	63	264	132	144	132	132	180
5,000	57	240	120	126	120	120	162
4,500	51	216	108	114	108	108	144
4,000	45	192	96	102	96	96	132
3,500	40	168	84	90	84	84	114
3,000	34	144	72	78	72	72	96
2,500	28	120	60	66	60	60	84
2,000	23	96	48	54	48	48	66
1,500	17	72	36	36	36	36	48
1,000	11	48	24	24	24	24	30

Source: Claus and Claus, Visual Communication Through Signage, Volume 1

Where long viewing distances are involved, or where small, high brightness signs are necessary, the exposed lamp signs can provide good visibility and readability. The following table was developed by the Edison Electric Institute and deals with legibility in relation to effective advertising:

TABLE 3 DISTANCE SIGN LETTERS ARE LEGIBLE TO A PERSON OF AVERAGE SIGHT
Letter Size (Height)	Raised Glass Letters	Neon Letters	Exposed Lamp Letters
2"	100'	65'
3"	150'	100'
4"	200'	150'
6"	275'	200'
8"	400'	350'
9"	500'	400'
10"	550'	450'
12"	675'	525'
15"	800'	630'	630'
18"	1000'	750'	750'
24"	1350'	1000'	1000'
2'-6"	1500'	1250'	1250'
3'		1500'	1500'
3'-6"		1750'	1750'
4'		2000'	2000'
4'-6"		2250'	2250'
5'		2500'	2500'
6'		3000'	3000'
7'		3500'	3500'
8'		4000'	4000'
9'		4500'	4500'
10'		5000'	5000'
11'		5500'	5500'
12'		6000'	6000'

Source: Claus and Claus, Visual Communication Through Signage, Volume 1

TABLE 4 LETTER HEIGHT AND VIEWING DISTANCE FOR SILHOUETTE SIGNS
VIEWING DISTANCE IN FEET	LETTER HEIGHT IN INCHES
200	5
400	8
600	12
800	16
1000	20

Source: Claus and Claus, Visual Communication Through Signage, Volume 1

Increasing Readability Through the Use of a Corporate Logo

On the other hand, a nonfranchised, locally based business which competes with Pier 1 would require a much larger sign. Pier 1 employs a logo on their signs which is nationally recognized; what this means is the goods, products, and services offered by Pier 1 are immediately recognized by the consumer's short term memory when they see the Pier 1 sign. "Pier 1" is a "chunk" of information that the consumers intuitively grasps; because of this effective use of a symbol, we will be able to use minimum sizes allowable under visual acuity standards.

It is important to note that this sign size we are requesting for Pier 1 is the minimum size given the traffic conditions that will allow for traffic safety. We know from extensive studies in the sign industry that a logo is the most powerful communication method you can use and that word logos are far more effective than symbols. It is for this reason that Mobil service stations switched from Pegasus the horse to their present logo which incorporates the station name alone. And it is for precisely this reason that Pier 1 chose their word logo. We are not including any excess size in our sign, we are merely identifying the retail activity. This formula would probably not be adequate to calculate the size of signs needed for the non-franchised local business, because these businesses could never get away with such small signs. In fact, the Federal Highway Department points out that signs may be reduced in size 1/4 to 1/3 when logos are used than if you tried to explain the same thing with words. See the Federal Highway Department's Manual on Uniform Traffic Control Devices for Streets and Highways.

When considering our request, please keep in mind that the sign we are proposing is a corporate logo. Logos do not function as street advertising; their role is to operate as a primary reinforcement device. Poplar Avenue is currently operating almost at its capacity of 27,000. Road improvements are planned for Poplar Avenue and are projected to handle the future increased projected traffic counts of 36,000 trips per day by the year 2004. Table 5 shows historic and projected traffic counts on Poplar Avenue:

TABLE 5 EXISTING (1984) TRAFFIC ON MAJOR AND COLLECTOR STREETS (PEAK HOUR) [4]The East-West Major Streets, at first glance, appear to have adequate capacity to meet the current demand. However, during the peak hours it may be observed that some of the key intersections such as ... Poplar Avenue/Germantown Road and Farmington/Germantown Road are already operating at or near their capacity.
YEAR 1984	Volume	Capacity
East-West Streets East of Germantown Road
Poplar Avenue Farmington Blvd	2,000 1,200	2,700 1,500
East-West Streets West of Germantown Road
Poplar Avenue	2,600	2,700

PROJECTED (2004) TRAFFIC ON MAJOR AND COLLECTOR STREETS (PEAK HOUR)
YEAR 2004	Volume	Capacity
East-West Streets East of Germantown Road
Poplar Avenue Farmington Blvd	3,600 2,000	3,600 2,000
East-West Streets West of Germantown Road
Poplar Avenue	3,600	3,600

Major streets such as Poplar Avenue constitute twenty (20%) to twenty-five (25%) percent of the Total Street System Mileage, but they carry eighty (80%) percent of all the trips. Due to the angle of the Pier 1 Imports store, and the current sign only servicing customers from the westerly direction, if for no other reason the sign variance should be granted to help optimize traffic efficiency on a crowded major street.

Our request for a sign which consists of a nationally known logo, in cognitive psychology is known as "a chunk" of information. The sizes set forth in this request are not sizes which should be used for determining the appropriate sign for any other business without first going through the elaborate and exhaustive studies that were done here. For Pier 1 Imports, such a sign functioning as a logo is an effective and easily recognized symbol. Pier 1 has invested considerable monies in both national and local media advertising. While we intend to continue with this strategy, in order to keep the sign as a primary information and direction device and reinforcement device for our media, these standards should not be taken as a requisite size for nonfranchised or local merchants. If we are to continue operating beyond the ten year period of our lease, flexibility in the accessory use is necessary to make this possible.

Our Request is not a Change of the Intent of the General Plan

A variance is a change from the use designated by a land use planning code to an alternate use. When one requests a variance to a zoning ordinance, there are a number of tests that need to be met in order to determine whether or not the variance should be granted. As we will show in this presentation, the variance we are requesting to Germantown's sign code is a reasonable request that is in the best interest of both our business and the city.

The variance we are requesting is a variance to a permitted use. Granting the variance will make a permitted primary land use function more effectively with respect to Germantown's land use planning code. The request is much different from that of a change in the land use planning zone or designated use. In other words, our Pier 1 store is operating within a legally permitted zone as determined by the city of Germantown. This variance is necessary in order to allow us to operate effectively in the designated use, not to alter a permitted land use.

In the landmark case Euclid v. Ambler Realty (272 US 365, 47 S.Ct.114, 71L.Ed. 303 (1926)), which was immediately followed by Nectow v. The City of Cambridge (277 U.S. 183, 48 S.Ct. 447, 72 L.Ed. 842), the court determined that a land may be designated for a use which is less than the highest and best use of that property. Where a city has designated a use that is less than the highest and best use of the property and have not invoked a Fifth Amendment takings that requires just compensation, the city must mandatorily permit a variance proceedings. Such is the case with our request.

Accessory uses should be reasonably and nonarbitrarily related to the primary use as created by law through the general plan and implemented by the land use zoning process. The tests that one must meet for the accessory use when considered for variance approval are not as vigorous as those required if one was seeking to change the designated use to another alternate use outside of the land use plan. Such an accessory use falls under the police powers of a municipality to ensure the promotion and protection of public health, safety, and welfare and to guarantee that the accessory uses are related to the primary use in order to promote safety of the sign user and the general economic and aesthetic goals of the community. We believe our variance request meets these tests and will enhance Germantown land use goals.

Proposed Sign Size and Legibility Encourages Traffic Safety

The Pier 1 sign, which consists of the corporate logo "PIER 1 IMPORTS" (or "icon" in Federal Highway Administration terminology), must be large enough to be read under minimal traffic safety conditions. If the city does not allow a legible sign to be installed, one can argue that the city is endangering the traffic safety of the community. The automobile driver must be able to maneuver through traffic without undue distraction. If a sign is not large enough to be read while the eye is "scanning" and not destroying the driving functions, scanning occurs in terms of short term memory is actually milliseconds, the sign cannot nonarbitrarily and reasonably relate to the needs of the user. In addition, but as a secondary factor in granting this request. If there is no sign as a visual communication device, the economic potential of the subject property in terms of its value and subsequent contribution to the sales tax revenue of the town and the assessed property tax value will not be maximized.

If a logo is to be used as the primary information device on a sign, determining what constitutes an adequate size for the sign involves a four-step process: 1) letter size for sufficient readability and legibility must be calculated; 2) placement distances to allow for safe driving must be determined; 3) the Transportation Department's formula for the sight line must be calculated; finally, 4) the minimum size is computed using these factors and adding 40% for the required background space for adequate legibility.

In calculating letter size, it is important to realize that as you vary the color of the sign letter, symbol or graphic versus its background, the size requirement for visibility changes. Table 2 indicates the different size requirements for letters given various color combinations. The colors we use for Pier 1's signs are muted and while they are close to a Roman Block letter, they are not a true block letter. While the use of letters does not appear to be significant, the style does affect their legibility, which in turn relates to visibility. Once these factors have been established, you know the minimum number of inches per feet at which the sign will be readable.

The legibility issue is critical in the case of our sign, for we are using a muted color logo; because of this, it is important to determine at what point the sign becomes visually recognizable. Please note in the legibility category we have determined a conservative size for the letters. Table 6 is a table developed by the Federal Highway Department on the reaction and braking distance for a driver under various conditions. This gives us a safe placement distance for our sign prior to the entrance. Given a 30 MPH speed limit, the Federal Highway Department recommends a setback of 325 feet for a sign for adequate viewing and reaction time. We have measured the sight line at 500 feet for the Pier 1 store.

Source: U.S. Department of Transportation

*No suggested minimum distance provided. At these speeds, sign location depends on physical conditions at site. The distances shown are for level roadways and distances should be increased for grades. If 48-inch signs are used, the legibility distance should be increased to 200 feet, this would allow reducing the above distance by 75 feet.

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