Ordinance Issues
Top Ten Eleven Reasons to Reject the Digital Billboard Ordinance
1. It is full of loop-holes, raises more questions that it answers, and isn't ready for public comment, let alone a vote to adopt it. So said the Planning and Visioning Commission, which voted 8-0 to advise Council to defer "until they had something written that was suitable for public comment and Commission review".
2. The safety issue is the big elephant in the room and is reason enough to delay until the Federal Highway study is complete.
3. The second biggest issue is the secrecy and bothersome speed with the city is racing to adopt the ordinance -- perhaps being driven by Clear Channel's schedule to get something in place AHEAD of the safety study.
Getting more specific, there are a number of other issues associated with the proposed wording of the ordinance including:
4. Conflict with the city's Comprehensive Plan, which has identified visual blight and poor sign control as primary detriments to the city's appearance.
5. Height increase: the height limit for billboards in the existing ordinance is 25 feet above the adjacent roadway crown. Under the proposed ordinance a digital billboard could be 65' above the crown, or perhaps even 100 feet above ground - or higher - adjacent to an elevated interstate ramp. The ordinance has only a 500' provision for separation from residentially-zoned districts. If a billboard is 100' above ground, it would surely be obtrusive, but it would also shine into homes adjacent to the roadways.
6. Other than the limits in the current sign ordinance (1500' spacing) there is no specific requirement for distances between billboards, and thus no limit on the number of billboards that may be placed along the roadways at the locations specified, and no limit on the number of sign faces per billboard structure. It isn't even clear whether the new ordinance would maintain the minimum distance requirement between boards. What will prevent the proliferation of digital billboards on our major roads?
7. The city says that they will have 'negotiated agreements' where removal of existing billboards is required to allow installation of new digital billboards. But this requirement isn't in the ordinance. Even if it was doesn't this have the effect of 'locking out' new entrants or those who have fewer than 10 boards to swap for the one (or more) digital boards? Is that legal? This question was asked by the Chair of the DRC.
8. Status of billboards to be removed in the 'swap' deal: Of the 100 billboards being removed, how many of them are 'non-conforming', that is, illegal under our current sign code? Is Clear Channel offering to remove illegal boards in return for installing boards that are - in the current instantiation of the ordinance - also illegal? If we want fewer billboards in the city, why not simply insist that Clear Channel remove the non-conforming boards? We should separate out the removal of non-conforming boards from any kind of 'swap' deal. This comment was made by one of the DRC members.
9. Why does the city think we can treat off-premise signs differently than on premise signs? If we allow digital (changeable) signs won't every business in the city have the right to install one on their premises? Courts around the country have said 'yes'.
10. Message change intervals: if we were to permit digital billboards, we should require instantaneous changes not a message 'fade' of up to two seconds. Fading messages approximate movement and increase driver distraction. The current Clear Channel Pinellas County proposal provides for instantaneous changes.
11. Who wrote this ordinance? The wording is eerily similar to the proposed Tampa ordinance drafted by Clear Channel attorneys. If in fact the content was provided by the billboard industry, shouldn't we have expert outside counsel review it before it gets approved? The billboard industry is noted for writing ordinances that benefit them and not the public. See the attached document for samples of the Tampa and St. Petersburg ordinances.
STOP THIS DANGEROUS AND SECRET DEAL
REFERENCE LIBRARY HIGHLIGHTS
Refering to Large Numbers of Flawed Industry Sponsored Studies Doesn't Prove Safety
Click here to view the report. A Critical, Comprehensive Review of Two Studies Recently Released by the Outdoor Advertising Association of America
Industry Insider, Richard Erickson Talks about Swapping out Non-profitable Boards for Digital Billboards: Click here to read about Rope-A-Dope and see a copy of his letter to his local Scenic Affiliate when they were facing the Billboard industry on this issue
