Comments from Jim Hogan - ENDEVCO

(REVISION IV)INTRODUCING ELECTRONIC DIGITAL LED CHANGING MULTIPLE MESSAGE DISPLAYS INTO CLAY COUNTYJim Hogan, President of Endevco of Jacksonville, Inc.3401 Debussy Rd., Jacksonville, Fla 32277904-743-6131 bus, 904-463-2726 cellMy name is Jim Hogan. I own and operate a Multiple Changing Message Sign at the intersectionof Blanding Blvd. and Wells Rd. across from the Orange Park mall. The structure was installedover 25 years ago and converted in 1999 into Clay County's first and only Changing MessageOutdoor Advertising Display. It has a maximum capacity of six (6) advertisers, featuring three (3)per side and is referred to as a "Trivision or " Indexing " display.I would like to update it again sometime in the future to an LED Digital Display or whatever nextnew technology develops. A new agreement drafted, negotiated and submitted by ClearChannel appears to be leading to an ordinance preventing me from doing this or being classifiedalso as a legal conforming billboard competing on a level playing field with other changingmultiple message displays. I'm sure that in the early stages of drafting the ordinance that manythings have been overlooked and that this is not meant to be discriminatory legislation againstsmall companies, so, we are glad for the opportunity to be heard, otherwise only the largest andmost powerful companies benefit from the ordinance.The proposed ordinance draft I have seen given to me by Mark Scruby has various ratios ofswapping out the faces on standard existing displays, which are considered legal butnonconforming, for a digital face. The existing faces on billboards in the field are of vinyl copy.My Changing Message Display has a total of six ( 6 ) such vinyl faces.Now that the Board has recently approved both lamp and LED Changing Message Displays foron-premise or on-site business signs changing every few seconds and now may allow these newLED Digital Changing Message Display Billboards as legal conforming billboards, there shouldn’tbe any reason our 13 year old existing changing message display to not also be a conforminglegal billboard with the same privileges of height, size and setback and/or be changed into anLED Digital Changing Message Display, as well.Both my display and the Clear Channel Digital signs are classified by the industry as ChangingMessage Displays. Both systems use electronic PC control boards; one display is referred to as aDigital and the other as Indexing or a Trivision unit. Both are electronic. One large companyeven makes both. Both are used together at various complexes as EVERBANK Field. In parts ofthe Greater Atlanta area only indexing changeable message displays, such as mine, can beupgraded to digital. Tallahassee and other Florida communities has given similar considerationto displays as mine when upgrading. We should be given the same legal conforming status andthe opportunity to upgrade now and in the future as anyone else. Having provided the first andonly such display we should minimally be given equal rights and not discriminated against to upgrade it. As a small company we took great entrepreneurial risk in bringing the newest lowenergy cutting edge technology to Clay County.1

Digital changing message displays are much older than indexing units like mine. Only the newerDigital boards with LEDs versus the incandescent light bulb are newer than the others.Presently all billboards in the county are lawful nonconforming displays due to the currentordinance. If this ordinance is approved only new LED Digital Changing Message Billboards willbecome legal conforming displays and be granted a variety of privileges and combinations asbeing larger and/or, taller and/or brighter than other existing billboards and/or business signs.They can be moved and relocated at any time. Additionally only they can be replaced ifcompletely damaged by hurricanes or other major storm damages. They can also concentratemore on locating closer to competitors billboards to absorb their customers, especially if a 1000foot separation is used per the draft. All these advantages are grossly unfair and discriminatingto us and others.As we know the concept of the new ordinance is to remove a number of existing billboards andor faces replacing them with new LED Digital Changing Message displays. Presently the recitalsection of the ordinance suggests that the swap is for at least two (2) existing faces for each newsingle LED Digital face added. This would not be a problem for us.However, the latest draft I've seen reads in section 20.7-6(2) that now minimally two (2)existing billboards must be removed and swapped for one (1) single digital face. That is a swapof four (4) regular faces for one (1) new LED Digital face. Therefore, four (4) double facedbillboards or 8 faces must be swapped for one (1) double faced new LED Digital ChangingMessage Billboard with two (2) faces. That becomes a problem for us and others. Specificallyfor us because we have only one (1) billboard structure with six (6) multiple changing messages.Although it doesn't suggest the number of faces in the draft, we must ASSUME the billboardsare double faced.In direct contradiction in Section20.7-6(2) a, It further provides that the aggregate squarefootage of existing faces to be swapped out must equal minimally 180% of the new LED Digitalface. Perhaps I’m not interpreting the text correctly, however that is what it appears to state.Therefore, this allows a little less than two (2) regular faces to be swapped for one (1) newdigital face? This allows 220% more credit . The only thing I can think of for this reference istrying to provide credit for smaller boards, which only Clear Channel has. It doesn't seemrational or fair.My single structure has well over the original requirements in the recitals, which is more thanadequate for four (4) existing faces swapped for each new double faced LED Digital ChangingMessage Display ( stated as two standard non conforming faces swapped for one newconforming digital face). Also, it has more aggregate square footage for the three (3) faces onone side or 300% as compared to smaller faces apparently credited at 180%.But, it does not meet the newer suggested requirement for removal of four (4) existingbillboards or eight (8) faces for one double faced LED Digital Billboard since it only is onestructure with six (6). This becomes discriminating and unfair. As the first and only multiplemessage display in the county I should have the option to take advantage of the being legally2

conforming and upgrading as necessary to a level playing field. I shouldn't be penalized forhaving only one structure because the county prohibited new billboard construction in the past.Since we already are a Changing Message Display in the same family of signs and trying toaccomplish the same things as LED Digital Changing Message Displays we should be given thesame rights and privileges without all of the swap out ratios. The indexing or trivision displayscame after the incandescent lamp Digital Changing Message Displays to provide multiplemessage capability at one location, thus reducing the number of structures in a given area usinglow energy technology. Why should we be penalized for introducing the same benefits to thecommunity?.The 1000 foot separation between displays is not enough. Although it is the old countyseparation limit and the maximum saturation point allowed by the state, Clay County neverreached this saturation point before stopping the issuance of new permits. These new digitaldisplays are larger, taller, brighter, more attention getting and can be seen from a greaterdistance. For example, Blanding Blvd. between Middleburg and the Duval County line only hasabout (1) one billboard per mile on either side of the road. Park Avenue, or SR17 has only two(2) billboards for 14 miles between Duval County and below Green Cove Springs. Only two (2)in the county are within 1000 feet of each other or less.When you are trying to increase the number of displays in the county you would naturallyreduce the separation between displays. If you are trying to reduce the number of displays, asin this case, you would spread them out more. We are proposing the reverse by reducing thenumber of displays and also reducing the separation between them. This, for example, couldcreate four (4) changeable message displays on Blanding Blvd. at the Orange Park Mall all with inviewing distance of each other between the county line and the South end of the mall. Attachedare two maps demonstrating this. Additionally, a 5th large on-site unit could be added by themall who owns and operates a Changing Message Display at their other mall at the Avenues.Advertising is about Location, Location, Location. Billboard companies would like to locateDigital Displays in the highest commercial and trafficked areas in the county. Blanding Blvd.between the Orange Park Mall and I-295 is the busiest non interstate corridor in the county.Map “A” shows the two billboards in that area, mine and one by CBS, between the DuvalCounty line to the North and to the South end of the mall. It will stay that way if we establisheda 1500 foot separation requirement. Map “B” demonstrates what will occur with a 1000'separation. What happens if some are single faced or across the street from each other? Thiscreates the over proliferation, which is the opposite of the ordinance's intent. To have four (4)LED Changeable Message Displays all within sight of each other just between the county lineand the back or South entrance to the mall would be an unplanned surprise for everyone fromplanners to landowners, to the citizens of the community and even the owners and operatorsof the sign. THIS IS THE MAIN ENTRANCE INTO CLAY COUNTY. Four (4) double faced LED DigitalChanging Message Displays broadcast eight (8) advertising messages per face. That's a totalpotential of 54 advertising messages all within view of each other versus the present total ofeight (8) in the same area. This is more than overkill.3

A 20” high letter can be read for 1000’ and a 40” letter for 2000’. Therefore multiple lines ofcopy, logos and advertisings on all of these four (4) locations can easily be read on each sign atthe same time from most any point on, or around the corridor. These LED faces are anapproximate 14’ high matrix screen that can display a small word, acronym and, or logo 14’ highreading over 1.5 miles away depending on lighting systems and visibility conditions. Thesesystems do not have the type of illumination or power of the Incandescent Lamp ChangeableMessage Systems on top of buildings to reach these distances, however the LED Digital ChangingMessage Display will reach 1/2 to 3/4 of a mile in various conditions. These are very powerfuldisplays to be located no more than a 1000 feet apart and certainly not polarized into groups incertain areas.It would probably be wise to perform a test demonstration having Clear Channel set up a testmessage on one of their LED Digital Changing Message Displays close by on either Park at CollinsRd. or on Blanding just North of Collins Rd. It should be one that uses a 14 foot high logo or fullscreen height and an acronym of the company in near full screen height beside it. It should beyellow copy on a black background for maximum contrast and reach. It will be seen with otheractually paid for advertising messages. It needs to be viewed both day and night for effect fromvarious distances as far back as visible. This will allow everyone to see the full range of messagepotential that can be projected with up to four (4) around the Orange Park Mall.The State of Georgia, who is much more lenient on outdoor billboard spacing than Florida, has a500 foot separation between standard billboards on state roads and interstates as compared toFloridas 1000 to 1500 feet, however, I've been told Georgia has a 5,000 foot separationrequirement for LED Digital Changing Message signs on all state roads, as Blanding, as well asinterstates! I’m not advocating a 5,000 foot separation but minimally we should be using theFlorid State’s DOT 1500 foot separation for interstate billboards everywhere in Clay County,which would solve many problems. It is already in force on I-295 between two Clear Channellocations.This separation would solve another huge problem. Who decides who fairly gets first choice ofthe best locations as the large companies polarize around the best areas and smallercompetitors for better exposure and the ability to absorb competitor’s customers. At a 1000foot separation there will be a virtual Gold Rush for the best sites and other company’scustomers.Additionally, the problems of separation, Gold Rush for locations and who makes the choicesbetween companies getting first choice can be solved by requiring replacement displays andstructures to be built on one of the existing old sites being swapped out.If you chose a 1000 foot separation on the same side of the street you will have a lot of citizencomplaints as displays polarize into certain areas. A 1000 foot separation on the opposite sideof the street will not be much different because the displays are so dominant, somethingeveryone needs to think about. If there is no control on the opposite side or the street youcould be faced with two almost directly across from each other, which would probably beoverwhelming.Another important factor to consider is the 10 foot setback and 50 foot height. As previouslydescribed these displays are unique and need to be minimally 50 feet high above the crown of4

the road, however, not using almost the same set back of 5 feet as a standard business signagethat may also be a lamp or large LED Digital Changing Message Display. They will tend tooverlap and create visual proliferation due to road elevation changes, curves, site angles, plusbuildings and trees. The business sign can be 40 feet tall and easily 20-30 feet long blocking thebillboard as well as the billboard blocking the business sign. They need to use a minimal 20 footset back behind the property line making them further back than business signs as I have donewith my display.Consideration must be given to the future. Clay County will grow and with that will comedemand for more LED Digital Changeable Message Displays. How do you chose who gets toparticipate and who does not, or who get first choice? What happens if your stuck on a 1000foot separation and realize it is a mistake? Do the displays if approved at a 1000 feet separationby this ordinance become nonconforming?I'm sure if you compare my changing message display during the day or night versus a DigitalChanging Message Billboard Display you will see that it is far less powerful, or brighter orattention getting than a digital. It should have the same privileges as the LED Digital MessageDisplay including being classified as a legal conforming Changeable Message Display that can beupgraded to newer technology; after all the LED Digital Display is 35% larger, 25% taller thanthe present ordinance and draft allows and much brighter than other billboards....................RESEARCH AND FINDINGS....................Note: this is an information gathering section and some of the material will repeat, howeverthere are usually added points to consider that are not in the previous section.INTRODUCTION:Billboards or Outdoor Advertising Displays are uniquely different. Although categorized as anoff-site or off-premise sign together with the on-site or on-premise business sign it is more thana sign. It is uniquely an independent business competing with other billboards. It requires noother structure, parking, access equipment or personnel on site to operate. The unit with thebest location, site lines, traffic flows, directional information capability and overall exposure willdominate yielding greater results. Therefore, in many ways it must be thought of with in adifferent context at many levels other than just a sign.1. There are only about 34 double faced billboards in Clay County. Clay County has very fewbillboards due to prohibition per an earlier 1990’s ordinance. For example on Blanding Blvd. forabout 13 miles between Middleburg and the Duval County line there is approximately 25displays, or less than one (1) billboard per mile on either side of the road and only about twoare closer than 1000 feet apart. Additionally, there are two (2) billboards on I-295, two (2) onPark/SR 17, one (1) small unit on Wells Road and two (2) standard sized units on Kinsley Avenue.5

2. Clear Channel has about 22 units. Depending on the swap out ratio per the draft, they couldhave between about 2-11 double faced LED Digital Changing Message Displays or 4-22 singlefaced units or combinations of both. CBS has only about 8 structures with faces on both sides sothey could trade out for from 1-2 double faced displays or 2-4 single faced units or combinationsof both. The other billboard owners, including myself, could possibly be left out, specifically ifyou are counting structures and not faces.3. A large outdoor company sponsoring these changes can increase their revenue in Clay Countyby a factor of 3-6 times more, while encroaching on other company's revenue and customers.Clear Channel can go from a little under 1 million in billings to from 3-6 million annuallydepending on the final swap ratios. If Clear Channel has first choice and can locate anywherethey want at a 1000 foot separation they will have a monopoly that will increase control overtime.4. Present swap ratios are now allowing only the large companies like Clear Channel ( withabout 22 displays) and CBS (with about 8 displays) as the only companies with enoughinventory to swap out for a double-faced Digital billboard display. WAY radio, Lamar Outdoorand myself are written out of the ordinance. That isn't fair, especially when you consider ClearChannel pulling up to eight (8) times the advertisers with the new digitals. Some of these willbe the smaller company's customers. Doesn't that seem unfair?5. The ordinance makes only LED Digital Changing Message Displays legal conforming billboards.All others are prohibited lawful nonconforming billboards. That means that should there behurricane loss of structures, or damage beyond repair allowances, or loss due to otherordinance criteria, only the LED Digital Changing Message Displays can be replaced. ClearChanel could move to or rebuild at a better location where a former competitor's nonconforming sign was destroyed. That's doesn’t seem fair or right does it? What happens if astorm blows down lawful nonconforming signs before they can be swapped for an LED Digital?Will that be fair? If the ordinance is allowed, depending on swap ratios, only about 4-8 oldbillboards will remain along with the perhaps 3-12 new double faced LED Digital ChangingMessage Displays.6. As legal conforming billboards; only LED Digital Changing Message Displays can be erected,replaced or moved to another better location. They could even replace another company's nonDigital locations in time. They do not have to use existing locations so they can be erectedcloser to other competitors and absorb their advertisers, upsetting the existing balance andbusiness relationships in the community. Present landowners with land rental agreements canlose their income once the agreement is reached between the county and billboard company.As per their contracts, billboard companies will have the right to cancel with the landlord due tothe intervention of new government regulations.7. Legally conforming LED Digital Changing Message Displays can be 35% larger and 25% tallerthan the present ordinance or new draft allows and it is also much brighter in the daytime andeven brighter in the evening than any of the others, thus gaining more attention than others.Additionally, they are granted almost the same setback as smaller on–site or on-premisebusiness signs. Instead of using almost the same setback requirements of the others, theyshould have minimally a 20 foot set back getting well behind the smaller, shorter and less6

ighter signs. Agreed that on-site business LED Digital signs are bright and can change moreoftenbut in general they are much smaller. Even more important is keeping them fromcompeting with each other creating proliferation. I set my original billboard structure over 20feet back from the right of way when only 10 feet was required by the State DOT. I have neverchanged it. Yet I would still like to raise my changeable message display to 50 feet to get overthe blockage of an adjacent Walgreens sign that was installed long after mine. However, I can'tunless allowed to be legally conforming as the LED Digital Changing Message Displays. Wedon't block Walgreens signs or Taco Bells pylon signs8. Only the new LED Digital Changing Message Displays can be 50 feet high. All other signsboth on or off-site can only be a 40 foot maximum. Digital signs can use almost the same setbacks as all other smaller signs and be the same distance separation of 1000 feet as all otherbillboard signs. These signs are much larger and more powerful than other on-site or off-sitesigns. They need to be set back minimally 20 feet to keep from encroaching on business on-sitesigns and creating proliferation and with a 1500 separation required by the state for interstatelocations.. What happens if two Digital Changing Message Displays are across the street fromeach other? That is way too strong and proliferating. What if you add a few more 1000 ft. fromthose two across the street from each area? Who decides how much separation on theopposite side of the road from each other? No one? Who guards against proliferation? Noone? Only a good ordinance will.9. Attached are map examples of where I'm located at on Blanding Blvd. and Wells Rd. aspreviously mentioned. This is the busiest non- interstate corridor in NE Florida and only CBS andmyself are located here as shown on Map "A". If you change to 1000 foot separations, Map " B"shows you what can and will happen in whole or part. While the state uses a 1000 footseparation on State Roads for billboards and 1500 feet on interstates, they haven't addressedthe effects of Digital in a local community environment. The state of Georgia allows morebillboards than Florida by allowing billboards every 500 feet apart on interstates and stateroads, but LED Digital Changing Message Displays must be 5,000 feet apart! Digital displays aretoo powerful and given in this ordinance to many advantages over the remainingnonconforming units that can't be updated or on-site signage. They should be rebuilt at existingswap locations only and at least 1500 feet from the nearest billboard on the same side of thestreet.Per Map "B" billboard location # 5 can't go 1500 feet further north because of wetlands. Also,billboard #1 can't, however it will probably try to relocate further towards the mall for moreopen area visibility and closer to my location #2. Location #6 will be between it's shown locationor further South at the South Mall Entrance, however it can't be on church or Cemetery zonedproperty. A billboard can't go at the mall because of the PUD zoning, however they can installtheir own on-site unit. All locations are visible from each other. As noted on the map locations3,4,7,8, and 9 will probably be swapped out and vacant if a 1000 foot separation in used.10. Who is going to get first choice of locations? No doubt Clear Channel. They will have firstrights to negotiate by example. We understand they already have locations under contract. Iftrue, does this seem fair? The only way the next company can protect itself is by using theirexisting locations provided Clear Channel hasn't encroached to within 1000 ft. and startedoperations first.7

11. Recently I worked with Chad Williams the County Zoning Chief and Land Developmentmanager for the Taco Bell Restaurant and Walgreens to preserve the parking lots, curbing,sidewalks, walkways and site lines. I had the front and sides of Walgreens relandscaped to keepoversize’s trees and root growth from ruining the properties. Our display was installed at a 40foot height on the Taco Bell property next to a service station on the corner, the latter sincereplaced by Walgreens. Even with a 20 foot setback and being installed at the then and nowheight restriction of 40 feet high it is blocked partially by the Walgreens pole sign and now bythe new traffic signal systems long and large extension arms. It needs to be raised minimally 10feet higher to the new Digital privilege of 50 feet for Changing Multiple Message Displays. Withour 20 foot setback our display doesn't block anyone. If we moved the display out to a 10 footsetback as proposed we would start blocking out others and ourselves even more. So, what wasa perfect location before can change in time. Fortunately we were able to for see whatproblems can develop and limit the blockage overlaying, which needs to be considered in thisordinance change.12. Eventually when the community gets used to the new Digital displays, who's to say theywon't back and support more because they like them.....or for example as the county grows andthere is greater need for outdoor advertising that can now only be digital. Then what do you doand what is fair for everyone? That is everyone still in the business. Who would be left toexpand? Only the largest companies will remain based on a logical sequence of events, whichwill be Clear Channel.13. The new ordinance the county commissioners passed about a year ago allowing the onpremise, or on site business LED Digital Changing Message Displays to operate changing everyfew seconds was a good ordinance change that leveled the playing field fairly for allmanufactures, sign companies, businesses and landowners. However, this change before us nowis not fair for any of these community entities. Additionally, it is more like writing the previousmentioned ordinance for on-premise or on-site business signs requiring each business to useonly Electronic Digital Displays or eventually be forced out of business. This is a typical attemptby large conglomerates owning television networks, radio stations and thousands of billboardsto capture more market share, which eliminates the little guy.14. As mentioned before outdoor, advertising is all about Location, Location, Location. The waythe ordinance is written but not explained to the supporters is that a new LED Digital ChangingMessage Display does not have to use any of the old removed sites but can go anywhere andrelocate anywhere at anytime. This gives Clear Channel first choice of the best locations, whichis unfair. As previously mentioned, I have heard they have already selected the best locationsand signed land user agreements contingent upon approval by the county. They can filepackages for permits the next day after approval of this ordinance. In the alternative they cancontinue to file the applications before the ordinance is approved and after each is turned downrefile until approved and have first rights. Additionally, changing message signs can congregateat high traffic locations per the previous paragraph and move at any time adjacent to acompetitor, thus with the opportunity to absorb their customers and eventually their location ifthey want it..8

15. Digital Displays are very dominant with such great capacity that they need wider distanceseparation between other displays. Some say that if a 1000 foot separation is good enough forthe state law it is good enough for Clay County. This is not correct. The state's law is old andhas never been addressed for Digital Displays, because virtually all of the Digital locations areused in more populated areas under local control. No one will install a $450,000 Digital Displayon I-10 between Jacksonville and Tallahassee where there is little or no population. Plus, therehasn't been the time and political pressure to evaluate them by the DOT. They should beminimally 1500 feet apart in compliance with Florida DOT standards for interstate locations.Again, very few boards in Clay County are 1000 feet apart on the same side of the road. Mostare well over 1500 feet apart.Georgia, who probably has more billboards at a 500 foot separation, compared to Florida whouses a 1000-1200 foot separation uses a 5,000 foot separation for Digital Changing MessageDisplays. A letter on a sign can be read for about 50 feet per inch. An LED Changing MessageDisplay has a screen almost 14 feet tall that theoretically with proper lighting contrast can beread for over 1.5 miles using a 14 foot high logo and , or small word or acronym with the rightillumination. These displays don't have that type of illumination, however it would beinteresting to see how far they can be noticed, seen and read during daytime and night timeconditions before establishing separation criteria.16. Does the agreement provide the county the ability to negotiate with each companyseparately? Is there a guarantee that it has to accept submitted or requested locations or swapnumbers? Can the county change it's mind in the future? Can the county control locations andproliferation without applying selective approvals per company? Wouldn't it be better toestablish a fair ordinance without future possible legal problems?17. Will the county have to sign agreements with the billboard companies to swap out specificlocations to erect the new LED Digital displays? This is a government mandate and approvalallowing the billboard companies per their standard agreements to legally cancel theiragreements with landlords. Since billboard companies are not required to use existing locationsup to four (4) land leases will be canceled for one new Digital location. That will be a lot of upsetlandlords. Can this be a problem18. If you are allowing a trade by swapping what prevents a billboard company from mountingsingle faced LED Digital Message Changing Displays on a pylon, which leaves an ugly back side?What prevents a single faced unit being mounted on a building? Is that something thecommunity wants to see as an improvement?19. I'm sure there has been a lot of meetings with substantial input involved in the negotiationsbut only with Clear Channel. While they are good people it still isn't fair to jump into somethingwithout input from the other outdoor companies. That's not fair or good for the community,businesses or the industry. Whatever agreement is created will be a model the other outdoorcompanies will be unfairly tied to. This is an important part of what Clay County will becomeand needs indepth consideration and more involvement by interested and effected entities.20. The major problems that occurs with sign ordinances are they are all created from thenegative view point of what we don't want based on what we see and everyone has an opinion.9

Therefore, the positive points are most often passed over. The caring citizens want a beautifulbusiness community but doesn't know how to accomplish it so they keep making the signssmaller and shorter hoping this will help while hurting the business community that is their ownlife line. The real solution is more of a three (3) dimensional ordinance, the principles of whichcan be applied to the Changing Message Billboard Display or any billboard easily fitting theminto the mix.The basics are simple. If you introduced massive above ground utility poles into the countiesfinest residential areas you could never aesthetically beautify them again no matter what you door how much money you spend. How can you expect more of the business community? If youare not going to spend the money to go underground or at least reroute the utility poles to theback side of commercial areas you can't win the aesthetics battle and one dimensional signordinances just exacerbate the problems.Initially the problems start with one dimensional massive utility poles in the businesscommunity. All the same height and same set back on the property line on the roads edgecreating a screened blockage wall of poles for as far as you can see up and down the roadwaysuntil a curve occurs or you get closer to your destination. Commercial properties like malls andshopping centers with underground utilities don't have this problem and look fine. They alsohave to concentrate on maintaining the outside aesthetics more as an additional communitybenefit.Signs now have to compete through this solid wall of utility poles. Again, however, theordinance is one dimensional establishing a fixed setback minimum of 5 feet and 40 foot highmaximum creating a second blocking wall of signs competing with the utility poles. Aspermitted in the past, our existing billboards had to be sandwiched into this maze. Now wehave an opportunity to pull them all out, which is better for everybody.The existing billboards and the changeable message billboards will fit into the county better ifwe get them above and behind all of combined blockage effects. Every foot in height above 40feet and every foot of setback behind 5 feet for on-site business sign maximums will helpdramatically. Additionally, a greater separation beyond 1000 feet between structures tominimally 1500 will also help dramatically. Without adjustments in these areas you will produceoverlapping and proliferation.That's another reason why all billboards need to become legally conforming with the same newordinance specifications whether swapped out initially, later, or at all.BETTER AND FAIRER REQUIREMENTS FOR A NEW ORDINANCE:1. A SWAP SHOULD BE ESTABLISHED ON A TWO (2) FACES FOR ONE (1) LED DIGITALCHANGEABLE MESSAGE FACE OF ABOUT EQUAL SIZE. THIS WILL REDUCE THE AMOUNT OFADVERTISING FACES ALMOST IN HALF AS WELL AS STRUCTURES. I think the only way you can10

fairly introduce the new Electronic Digital Displays into the county, either by special agreementsor by an ordinance change, is by allowing the swapping of two existing faces of minimally 620square feet each for one new digital face of the same approximate size not to exceed 685square feet to accommodate the various standard legal non conforming existing standard orchanging message displays with the newer LED Digital Changing Message Billboards.. Eachmanufacture has varying sizes of existing legal non conforming billboards and also the newerLED Digital Displays have varying LED patterns and separations used in various models of aboutthe standard 14' x 48' billboard structure of 672 square feet. That allows everybody equalopportunity to use LED Digital Changing Message Displays as well as the manufacturer of theirchoice. Lamar, who only has one display, will also have the right to swap out two existing faces,one on each side of their single structure for one digital face. WAY Radio and Endevco (mycompany provided we are credited for our six vinyl faces ) can also participate without beingdiscriminated against on their own time schedule. The state allows up to 900 square feet for abillboard structure.2. ACCUMULATIVE ADDING SMALLER BILLBOARDS FOR A CREDITED FACE: Billboards smallerthan the 620 to 685 square foot range can have their face area accumulatively added togetherto equal the requirement of the square footage swap range of two faces of 620 to 685 squarefeet. Note: Clear Channel has about four (4) small double faced boards in the county thatshould combine to equal the swapping size range of 620-685 feet. If not the 620 size can beadjusted for including one display in a portfolio only of a smaller size. You don't want greaternumbers of smaller signs.3. USE OF OLD LOCATIONS: Any new digital display must be installed on one of the oldlocations. This means in and around the same location but on the same property beingreplaced thereby minimally disrupting the economic well- being of the industry, landowners,customer bases, citizenry and/or changing the community's aesthetics. However they must beminimally 1500 feet apart on the same side of the road and 1000' from another billboard on theopposite side of the road. New areas without outdoor advertising structures, as Fleming Islandand others as the county grows, can be considered by the Board after the community has hadminimally two (2) years to evaluate the program. Fleming Island will be a negative feedbackarea for initial approval.4. SEPARATION BETWEEN ANY NEW OR EXISTING BILLBOARD SHALL BE MINIMALY 1500 FEETON THE SAME SIDE OF THE ROAD AND 1000 FEET FROM ONE ON THE OPPOSITE SIDE OF THEROAD: These displays need to be minimally 1500 feet from the nearest outdoor location,which meets state DOT interstate requirements to offset their size, height, capacity and power.In newer existing or developing areas where there are virtually no outdoor locations, as FlemingIsland, a decision can be made later to keep or adjust from 1500 feet up to minimally 2000 feet.I don't think anyone can understand the importance of this separation distance or other criteriafor Digital Billboards without reviewing the different effects of billboards with 1000, 1500 and2000 separations, 40 versus 50 ft. in height or these combined with a digital, indexing orstandard board. Clear Channel has a few area examples and a lot of experience in Digitals,however every community and geographical area is different. The ordinance requirements andrestrictions need to be studied in the field first without making judgements or decisions in acommittee room. That's how horses become camels.11

5. SETBACK AND HEIGHT REQUIREMENTS: If a 50 foot height is established, the minimum setbackshould be changed to at least 20' to keep the much larger billboards from blocking businesssigns. This blockage occurs at both a close or distant range depending on topography. Mostsign ordinance problems occur from a one dimensional approach with everyone allowed a 5-10foot set back regardless of the signs size or height duplicating the blocked vision produced byutility poles of the same size, setback and height.6. ALL BILLBOARDS THEREAFTER BE CONSIDERED LEGAL CONFORMING AND NOT PROHIBITED:This combined with paragraphs 1-4 would allow the companies to upgrade their billboardportfolio as necessary on their own economic timetable without the fear of losing all theirpresent location values, or losing valuable customers, using their preferred equipmentmanufacturers, no one subject to a land rush, which would aesthetically backfire into apolarization of Digital displays at certain locations creating a carnival light show. This wouldalso limit the problems of claim jumping and who has first choice to do so. All of these elementsif not considered can devalue property and assets, which is never good policy.Additionally, it would allow the billboard companies large and small to be able to replace anyexisting or new billboard lost to storm damages or hurricanes without the fear of having to bringeverything into conformity immediately repeating the problems foreseen in the paragraphabove.7. ALL EXISTING CHANGEABLE MESSAGE BILLBOARD SIGNS BE GRANTED LEGAL CONFORMINGSTATUS: Minimally all existing changeable message billboard sign,s including the indexingdisplays with three (3) vinyl message ads per single-faced cabinet, be granted the right to beraised to 50 feet in height with a minimum 20 foot setback and to be categorized as legalnonconforming and granted allowance to be converted into a Digital Message Display. Shouldthe swapping of faces be on the basis of swapping a certain number of vinyl faces per standardstatic billboard, each of the indexing units would be credited with 3 vinyl faces each. A doublefaced display be credited with six (6) vinyl faces each. Indexing or trivision displays should beallowed to change messages at their recommended factory speed of six (6) seconds per change,since in general they are easier to read with greater definition provided by the vinyl copy.Additionally, at normal traffic speeds all three (3) advertisers per side can be safely read whilepassing through the site area unlike Digital with eight (8) advertisers per side.8. THE BOARD SHOULD ESTABLISH A COMMITTEE TO REVIEW ALL OF THESES FINDINGS: Likeany ordinance or proposed changes as these they must be applied in the field to double checktheir validity and use. A committee can arrange a tour to visit a few sites to review whatimplementation will look like. The area mapped around the Orange Park Mall is a good set uparea to review. The old Sleep City sign was build at 50 feet high before the ordinance waschanged to 40 feet and could be a good target to review.12