HomeMy WebLinkAboutAgenda - 02-16-2010 - 5bORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 16, 2010
Action Agenda
Item No. 5- b
SUBJECT Zoning Ordinance Text Amendment -Article Nine (9) Signs -Outdoor Advertising
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S):
INFORMATION CONTACT:
1. Copy of Legal Ad
2. Proposed Ordinance Amendment
3. Minutes from November 23, 2009
Quarterly Public Hearing
4. Minutes from December 2, 2009
Planning Board meeting
Michael D. Harvey, Planner III 245-2607
Craig Benedict, Director 245-2592
PURPOSE: To receive the Planning Board recommendation on a staff initiated zoning text
amendment to Article Nine (9) Signs of the Orange County Zoning Ordinance relating to the
regulation of outdoor advertising (i.e. billboards) and to make a decision on the proposed text
amendment.
BACKGROUND: This item was presented at the November 23, 2009 Quarterly Public Hearing.
During the meeting, staff informed the Board that recent court decisions have severely curtailed a
local government's ability to regulate permitting aspects of billboards, leaving the majority of the
regulatory authority to the State and Federal government.
The County Attorney and Planning Director had previously recommended that the County needed to
include a provision within the existing sign regulations outlining limitations in regulating outdoor
advertising structures (i.e. billboards) to avoid future conflict with Federal/State authority.
During the public hearing staff was asked to investigate the following related sign issues:
1. Can these existing billboards be converted into digital billboards:
STAFF COMMENT: Staff has been in contact with Mr. Chuck Edwards of North Carolina
Department of Transportation (NCDOT) who has informed staff that the existing
billboards along the I-40/85 corridor cannot be converted into digital billboards as it
would be inconsistent with NCDOT's current regulations. Staff has requested that this
information be put into writing and is still awaiting a response.
2. Amending the zoning regulations to ban digital billboards outright and encouraging the
use of solar powered light fixtures for all billboards throughout the County.
STAFF COMMENT: Staff has participated in seminars dealing with the legality of
'banning' digital billboards outright. The simple answer is that there is potential to include
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a ban on digital billboards within a local zoning ordinance. Staff would need to work with
the County Attorney's office to draft the appropriate language to accomplish this task if
directed to pursue this as a future work item Staff is also reviewing incorporating
language within the proposed Unified Development Ordinance to encourage the use of
solar powers lights for billboards.
Planning Board: The Planning Board reviewed this item at its December 2, 2009 regular
meeting and voted unanimously to recommend approval of the proposed amendment as
presented 'by staff.
Staff notes that this proposed amendment would not permit the erection of new billboards within
the Gounty. It merely seeks to clarify the limits of County regulations when they conflict with
State and/or Federal guidelines as they relate to outdoor advertising.
FINANCIAL IMPACT: This request has been reviewed by various County departments who
have determined the approval of the request will not create the need for additional funding for
the provision of County services.
RECOMMENDATION: The Zoning Officer Administrator recommends the Board:
1. Receive the Planning Board recommendation,
2. If necessary, deliberate further on the proposed amendment,
3. Close the public hearing, and
4. Approve the Ordinance amendment contained within Attachment 2.
Attachment 1
NOTICE OF JOINT PUBLIC HEARING
ORANGE COUNTY BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
A joint public hearing will be held at the Central Orange Senior Center, 103
Meadowlands Drive, Hillsborough, North Carolina, on Monday, November 23,
2009, at 7:00 PM for the purpose of giving all interested citizens an opportunity to
speak for or against the following items:
A. PUBLIC HEARING ITEMS
1. Rezoning -Intersection of NC 54 and White Cross Road
REZONING of a parcel of property at the intersection of NC 54 and White Cross
Road (TMBL 6.30..7M /PIN 9749-40-0293) from Agricultural Residential (AR) to
Neighborhood Commercial Two (NC-2).
The property owner, Mr. Vernon Davis, has initiated this request. Mr. Davis owns
two (2) contiguous parcels of property at the intersection of White Cross Road
and NC Highway 54. One parcel is an 8,400 square foot parcel of property that is
zoned Neighbofiood Commercial Two (NC-2) and the other is a 4.7-acre parcel
of property zoned Agricultural Residential (AR).
Mr. Davis is seeking to recombine portions of these two (2) lots and create a 1.6-
acre parcel of property zoned NC-2. Mr. Davis is seeking the approval of this
rezoning request to allow for the parking and septic system supporting an existing
commercial operation to be located on the same property.
Purpose: To receive citizen comment on the rezoning request to zone
approximately 1.6 acres to NC-2.
2. Sign Ordinance Amendments -Outdoor Advertising Signs (Billboards)
ZONING ORDINANCE TEXT AMENDMENT. In accordance with the provisions
of Article Twenty (20) the Orange County Planning staff has initiated an
amendment to Article Nine (9) Signs of the Zoning Ordinance to develop
language outlining the County's limitations on the regulation of outdoor
advertising signs (i.e. billboards).
Staff is proposing to amend the provisions of Article Nine (9) to address
limitations on the regulation of outdoor advertising signs in an effort to bring
existing County regulations into compliance with recent court cases.
3
Purpose: To receive citizen comment on the proposed amendments.
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3. Telecommunication Wireless Support Structures (Telco Towers)
The County is proposing to use certain County properties as potential sites for
Telco Towers. The process to enroll these sites as part of the zoning code's
Master Telecommunications Plan (MTP) does not require a formal public
hearing. However, since possible future tower development to serve the needs
of public safety, information technology, and economic development on behalf of
citizens and businesses, Orange County is bringing this provision forward for
public discussion.
America's Recovery and Reinvestment Act (ARRA) has grant funds for projects
that can bring broadband (wireless or cabled systems) to unserved and
underserved areas of the County. Therein, Orange County is preparing itself to
meet the requirements of a future grant submittal. No specific tower applications
are being proposed at this time.
Pumose: To receive citizen comment on the Master Telecommunications Plan.
Accommodations for individuals with physical disabilities can be provided if the
request is made to the Director of Planning at least 48 hours prior to the Public
Hearing by calling the appropriate number listed below. The full text of the
changes may be obtained after November 13, 2009 from the Planning
Department. Also, the text may be obtained at the County website
www.co.oran~eq nc.us at the Meeting Agendas link prior to the meeting.
Questions regarding the proposals may be directed to the Orange County
Planning Department located in the Planning and Agricultural Center, 306E Revere
Road, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m.
Monday through Friday. You may also call 245-2575 or 245-2585 and you will be
directed to a staff member who will answer your questions.
PUBLISH:
News of Orange Chapel Hill Herald
November 11, 2009 November 11, 2009
November 18, 2009 November 18, 2009
aZ 0 ~~' ~ a 3 Attachment 2
AN ORDINANCE AMENDING
THE ORANGE COUNTY ZONING ORDINANCE
WHEREAS, there has been heightened scrutiny over existing regulations
relating to the review, processing, and approval of outdoor advertising signs (i.e.
billboards) within the County, and
WHEREAS, staff has been advised by the County Attorney's office that
recent court cases have found that State and Federal regulation(s) preempt local
zoning authority in cases were there are inconsistencies relating to the review,
processing, and approval of outdoor advertising signs, and
WHEREAS, staff has been advised that an amendment is necessary to
affirm that in those cases where there are conflicting regulatory standards that
State and Federal regulations preempt local restrictions, and
WHEREAS, this amendment is necessary to ensure proper enforcement
of regulatory standards as they relate to outdoor advertising signs.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ORANGE
COUNTY, NORTH CAROLINA, hereby amends the Orange County Zoning
Ordinance by adding (indicated by double underlined language) and deleting
(indicated by stricken through language) as follows:
action 9 8 Reaulatiott of (}~.t.~r.~, vertisina (~i1.I.b~r
The_~?rovisions _af this Article establish_^standards and re_v_iew__criteria
relatina to_the {acatian,~rec ian__m_.~n enan_ce~lig_hti_ na._setbacks~and use
of signs This includes regal i n pertaining to-o~oor advertising (i e
Billboardsl.
The r egulation and permitting of out door advertising i s also subiect to
variou s State mast notably the State O utdoor Advertisin g Control Act. and
Feder al reauirements In cases where there is a conflic t between County
re~ula tion(~ and State%f=ederal reau lation(sl relatina to the location
recti an maintenance lighting setba cks and use of o utdoor advertising
siana ae the corresoondina State(Fede ral law shall take precedent.
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In~a~ses where them is no ap~li~b. I~.~tat Federal s an ord. then
~xistina Co+~nty reaulation,s shall be enforced.
6
Upon motion of Commissioner
Commissioner
seconded by
the foregoing Zoning
Ordinance amendments were adopted this the day of
2010 and shat! become effective upon adoption.
Donna Baker, Clerk, Orange County Commissioners
Attachment 3 ~
APPROVED 12/15/2009
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
QUARTERLY PUBLIC HEARING
November 23, 2009
7:30 p.m.
The Orange County Board of Commissioners and the Orange County Planning Board
met for a Quarterly Public Hearing meeting on Monday, November 23, 2009 at 7:30 p.m. in the
Central Orange Senior Center, 103 Meadowlands Drive in Hillsborough, N.C.
COUNTY COMMISSIONERS PRESENT: Chair Valerie Foushee and Commissioners
Alice M. Gordon, Pam Hemminger, Mike Nelson, Bernadette Pelissier, and Steve Yuhasz.
COUNTY COMMISSIONERS ABSENT: Barry Jacobs
COUNTY ATTORNEY PRESENT: John Roberts
COUNTY STAFF PRESENT: County Manager Frank Clifton and Deputy Clerk to the
Board David Hunt (All other staff members will be identified appropriately below)
PLANNING BOARD MEMBERS PRESENT: Chair Brian Crawford and Members May
Becker, Peter Hallenbeck, Rachel Phelps Hawkins, Mark Marcoplos, Earl McKee, Tommy
McNeill, Jeffry Schmitt, Judith Wegner, and Larry Wright.
PLANNING BOARD MEMBERS ABSENT: Mary Bobbitt-Cooke and Samantha Cabe
2. Sign Ordinance Amendments -Outdoor Advertising Signs (Billboards): To receive
public comments on a proposed text amendment to Article Nine (9) Signs of the Zoning
Ordinance to develop language outlining the County's limitations on the regulation of
outdoor advertising signs (i.e. billboards).
Michael Harvey presented this item. He said that this amendment would revise and
clarify existing regulatory standards as they relate to outdoor advertising structures or billboards.
At the September 10, 2009 work session, the County Attorney and Planning Director presented
an abstract providing information on the current regulation of billboards. Specifically, this
abstract detailed the limitations of local governing bodies to regulate billboards as the State and
Federal government regulations preempted local zoning law. This abstract is included as
Attachment 2. At that time, staff asked for direction on how to address an existing billboard
dispute within the I-40/I-85 corridor. The Board voted 6 to 1 to direct staff to prepare an
amendment to clarify what the County can and cannot regulate, specifically that County
standards are not applicable where there is a State or Federal regulation, and also to provide a
historical synopsis of the review and adoption of the major transportation corridor, the MTC
Overlay District, with specific focus on the rationale behind the County's approach to billboard
regulations. Further, the Board voted unanimously for the staff to engage in dialogue with
NCDOT to get more information on the regulation of digital billboards. This information is still
pending. In talking with representatives of NCDOT, he said that NCDOT's stance has not been
to allow existing non-conforming billboards or any billboard within the MTC to be replaced with
digital billboards. County staff will bring forward an amendment to the sign ordinance to
address some of the concerns referenced in the work session. As soon as NCDOT provides a
written response, this will be provided to the Board of County Commissioners. The proposed
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Attachment 3
amendment is to Article 9 to an existing reserve section that stipulates that any time there is a
conflict between State and Federal law with respect to the regulation of outdoor advertising, that
the State and Federal law will take precedent. In cases where there is no standard or there is
no conflict, local regulation will take precedent.
Commissioner Jacobs' written comments: "I have two concerns that I hope are
either addressed elsewhere in our sign ordinance or will be acknowledged as matters to be
addressed later.
First, it remains unclear whether Orange County residents and passing motorists are
protected from the distractions and extraordinary illumination of digital signs. This is
increasingly an issue in other jurisdictions around the country, but it is not yet addressed here
as far as I can tell.
Second, I hope we somewhere add an encouragement to owners of existing illuminated
billboards to switch as soon as practicable to solar-powered lighting. Staff recently presented
materials on such lighting to representatives of NCDOT.
Also, on page 2 of this abstract, on the second line of the paragraph that begins `The
rationale for this amendment,' the appropriate word is 'expeditious,' not `expedient,' which has
an implication of facile convenience rather than speed."
A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson
to refer the matter to the Planning Board with a request that a recommendation be returned to
the Board of County Commissioners in time for the February 16, 2010 BOCC regular meeting;
and adjourn the public hearing until February 16, 2010 in order to receive and accept the
Planning Board's recommendation and any submitted written comments.
VOTE: UNANIMOUS
Attachment 4 9
Approved 1/6/2010
1 MINUTES
2 ORANGE COUNTY PLANNING BOARD
3 DECEMBER 2,2009
4 REGULAR MEETING
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6 Members Present: Brian Crawford,At-Large-Eno Township;May Becker,At-Large-Chapel Hill Township;
7 Rachel Phelps Hawkins,Hillsborough Township Representative;Peter Hallenbeck,At-Large-Cheeks Township;
8 Mark Marcoplos,At-Large-Bingham Township;Jeffrey Schmitt,Cedar Grove Township Representative;
9 Larry Wright,At-Large-Cedar Grove Township;Tommy McNeill,Eno Township Representative
10
11 Members Absent: Samantha Cabe,Chapel Hill Township Representative;Mary Bobbitt-Cooke,Cheeks Township
12 Representative;Judith Wegner,Bingham Township Representative;Earl McKee,Little River Township Representative;
13
14 Staff Present: Craig Benedict,Planning Director;Michael Harvey,Zoning Administration;Tina Love,Administrative Assistant II
15
16
17 Agenda Item 8: Sign Ordinance Amendment-Outdoor Advertising Signs
18 To make a recommendation to the BOCC on this proposed text amendment heard at the November 23,2009
19 Quarterly Public Hearing.
20 Presenter: Michael Harvey
21
22 Michael Harvey: Starting with page 51 of the packet you will see the abstract prepared by staff relating to a zoning text
23 amendment specific to Article 9,signs dealing outdoor advertising issues.
24
25 At a previous County Commissioner work session on September 10,2009,staff was directed to prepare an amendment outlining
26 the County's limitations with respect to regulations of outdoor advertising. There have been recent Court cases that have limited
27 local governing body's ability to regulate outdoor advertising as there are federal and state standards that actually usurp the
28 County's authority to do so.
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30 Given the recent Court decisions,the county attomey and the planning director presented the Board with several options
31 addressing two existing billboards with respect to lighting. It was determined that staff needed to amend the sign ordinance to,
32 include a statement as it related to what the limitation are with respect to regulations to outdoor advertising. This language is
33 presented in the abstract on page 51.
34 '
35 The simple fact is of the matter is that it says that where there is a conflict with federal/state law then federal/state will tramp local �
36 zoning authority. Cases where there is not a standard,local zoning authority will take precedence. This is essen6ally what the
37 Court has said the County should do.
38
39 There were several questions brought up at the Quarterly Public Hearing relating to the conversion of outdoor advertising into
40 digital billboards. The department of transporta6on policy is not to allow nonconforming billboards to be converted to digital
41 billboards. What we have on I-40/85 is going to stay the same. There will be no digital billboards according to NCDOT. We
42 have something in wri6ng coming from the NCDOT. Commissioner Yuhasz stated in the Quarterly Public Hearing that he had
43 been in touch with DOT and been provided the same information. We are going to provide additional language in future
44 amendments to address a County
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46 Commissioner's concern related to encouraging or even mandating solar powered lighting. With this amendment all we are
47 attempting to do is spell out our limitations with respect to outdoor advertising.
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49 MOTION made by Larry Wright to accept staff's recommendation to the Board of County Commissioners to adopt the Ordinance
50 Amendment as detailed within Attachment 1 limiting the County's regulation and enforcement on outdoor Adve�ising.Seconded
51 by Jeff Schmitt.
52
53 VOTE:Unanimous
54
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