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HomeMy WebLinkAboutORD-2010-023 Ordinance Amending Zoning Ordinance Text Amendment - Article Nine Signs - Outdoor Advertising,/ ~"6 C~ R D-~ D I D- o a 3 Attachment 2 5 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: Billboardsl. In cases where there is no aoolicable State/Federal standard. then existina County regulations shall be enforced. Upon motion of Commissioner Commissioner Ordinance amendments were adopted this the s . seconded by the foregoing Zoning day of 2010 and shall become effective upon adoption. Donna Baker, Clerk, Orange County Commissioners ,b. G~~~~ o2-/G -/~ .~ b Planner Michael Harvey said that this item is the culmination of a public hearing regarding a rezoning petition submitted by Mr. Vernon Davis regarding this 4.7-acre parcel. He made reference to the various minutes from the Quarterly Public Hearing and the Planning Board relating to this item. Basically, Mr. Davis has an existing septic system and repair area on an adjacent residentially zoned parcel of property. He is seeking to rezone that septic area and recombine it with the Neighborhood-Commercial II zoned portion of the property because he is worried that if the septic system fails he will not be able to replace it, and that is correct. He is seeking to resolve a longstanding problem that is indicative of the White Cross area where septic systems are located off-site or on residentially zoned portions of property. The Planning Board has reviewed this item and recommended approval. The staff recommends that this item be approved. The Manager's recommendation is to receive the Planning Board's recommendation, close the public hearing, and to approve the petition. A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to close the public hearing. VOTE: 6-0 (Commissioner Yuhasz was excused) A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to approve the rezoning petition by approving the Statement of Consistency (Attachment 5) and approving the Resolution of rezoning petition approval (Attachment 6). VOTE: 6-0 (Commissioner Yuhasz was excused) b. Zoning Ordinance Text Amendment -Article Nine (9) Sias- Out Door Advertising The Board received the Orange County Zoning Ordinance relating to the regulation of outdoor advertising (i.e. billboards) and considered a decision on the proposed text amendment. Michael Harvey said that this ordinance amendment clarifies the County's limitations on the regulation of billboards. He gave the history of this item. He said that this amendment only indicates that in cases where there is a conflict that the local zoning regulations will be preempted. This amendment in and of itself will not prevent erection of additional billboards in any portion of the County where they are currently legal. The Planning Board unanimously recommended approval. The Administration also recommends approval. Commissioner Gordon made reference to the 2"d paragraph of Section 9.8 and said that it should say, "the corresponding State/Federal law shall take precedence." Commissioner Jacobs thanked staff for doing this. He said that he wants the staff to address digital billboards. Michael Harvey said that staff will be looking into this and banning digital billboards as well as requiring solar-powered lights for billboards. A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to receive the Planning Board recommendation, close the public hearing, and approve the ordinance amendment contained within Attachment 2, with the amendment as stated above by Commissioner Gordon. VOTE: UNANIMOUS c. Orange County's Proposed 2010 Legislative Agenda .The Board held a public hearing on Orange County's potential legislative items for the 2010 North Carolina General Assembly Session and considered potential items for inclusion in the agenda package and priority discussion with Orange County's legislative delegation. Commissioner Foushee said that this item is not much different than what the County presented last year.