HomeMy WebLinkAboutAgenda - 02-27-2012 - C8ORANGE COUNTY
BOARD OF COMMISSIONERS AND
PLANNING BOARD
(QUARTERLY PUBLIC HEARING
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 27, 2012
Action Agenda
Item No. C -8
SUBJECT: Review of Proposed UDO Text Amendment — Political Signs
DEPARTMENT: Planning and Inspections PUBLIC HEARING. (YIN) I Yes
ATTACHMENT(S):
INFORMATION CONTACT:
1. Unified Development Ordinance (UDO) Michael D. Harvey, Planner III 245 -2597
Amendment Outline Form (UDO /Zoning- Craig Benedict, Director 245 -2575
2012 -02)
2. Session Law 2011 -408
3. Proposed UDO amendments
PURPOSE: To hold a public hearing on a Planning Director initiated text amendment to
Section(s) 6.12.5 and 6.12.6 of the Unified Development Ordinance (UDO) modifying
regulations concerning the erection of political signs within public rights -of -way. For additional
detail please refer to Attachment 1.
BACKGROUND: Please refer to Attachment 1.
FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1.
RECOMMENDATION: The Planning Director recommends the Board:
1. Receive the proposed amendments as detailed herein.
2. Conduct the public hearing and accept public, BOCC, and Planning Board comment on
the proposed amendments.
3. Refer the matter to the Planning Board with a request that a recommendation be returned
to the BOCC in time for the April 17, 2012 BOCC regular meeting.
4. Adjourn the public hearing until April 17, 2012 in order to receive and accept the
Planning Board's recommendation and any submitted written comments.
Attachment 1 3
COMPREHENSIVE PLAN/ FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMEN DMENTOUTLINE
UDO / Zoning- 2012 -02
Amendment addressing allowable location(s) for the placement of political signs
A. AMENDMENT TYPE
Map
Amendments
❑
Land Use Element Map:
From: - --
To: ---
F-1
Zoning Map:
From: - --
To:---
❑
Other:
Text Amendments
❑ Comprehensive Plan Text:
Section(s):
® UDO Text:
❑UDO General Text Changes
®UDO Development Standards
❑UDO Development Approval Processes
Section(s): Section 6.12.5 (N) and Section 6.12.6 (E)
❑ Other:
1. Purpose /Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the LIDO, the Planning Director has
initiated a text amendment to modify existing language governing the placement of
political signs within public rights -of -way.
On August 4, 2011 the NC General Assembly adopted Session Law 2011 -408
1
4
(Attachment 2) allowing for the placement of political signs within right -of -way of the
State highway system subject to certain restrictions.
Current County regulations prohibit the location of political signs within public road
rights -of -way. Existing language needs to be modified in order to ensure local
regulations are compliant with recent changes to State law.
As a general note the County Attorney's office has reviewed and approved the
proposed text amendment.
Please refer to Attachment 3 for the proposed ordinance amendment language.
2. Analysis
The amendment is necessary to incorporate recent modifications to State law
concerning the erection of political signs within the right -of -way of the State highway
system.
The wording of the proposed amendment (Attachment 3 of the packet) has been
reviewed and approved by the County Attorney's office
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
This is a house keeping item in order to ensure local regulations are compliant with
State standards.
4. New Statutes and Rules
Session Law 2011 -408 is attached for your review.
C. PROCESS
1. TIMEFRAME /MILESTONES /DEADLINES
a. BOCC Authorization to Proceed
November 1, 2011
b. Quarterly Public Hearing
February 27, 2012
c. BOCC Updates /Checkpoints
February 7, 2012 — approval of legal advertisement
April 17, 2012 — receive Planning Board recommendation
d. Other
2. PUBLIC INVOLVEMENT PROGRAM
2
5
Mission /Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
a. Planning Board Review:
January 4, 2012 — Ordinance Review Committee (ORC). The Board did not offer
any comment on the proposed modification at the meeting.
March 7, 2012 (recommendation)
b. Advisory Boards:
c. Local Government Review:
d. Notice Requirements
Legal advertisement will be published on February 15 and 22, 2012.
e. Outreach:
❑ General Public: Consistent with NC General Statutes and Orange County
requirements
❑ Small Area Plan Workgroup:
❑ Other:
3. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the required legal advertisement will be paid
from FY2011 -12 Departmental funds budgeted for this purpose. Existing Planning
staff included in the Departmental staffing budget will accomplish the work required
to process this amendment.
D. AMENDMENT IMPLICATIONS
As required under Section 2.8.5 of the Unified Development Ordinance, the Planning
Director is required to: `cause an analysis to be made of the application and, based upon
that analysis, prepare a recommendation for consideration by the Planning Board and
the Board of County Commissioners'.
The amendment will ensure that local regulations are consistent with State law. As a
result of Session Law 2011 -408 political signs shall be allowed within the rights -of -way
of the State highway system. It also addresses an enforcement problem that staff has
wrestled with in the past over the removal of political signs from the right -of -way.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 3
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245 -2597
mharvey @co.orange. nc. us
4
Attachment 2
7
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SESSION LAW 2011 -408
SENATE BILL 315
AN ACT TO PERMIT CAMPAIGN SIGNS IN HIGHWAY RIGHTS -OF -WAY WITH
REASONABLE TIME, PLACE, AND MANNER RESTRICTIONS.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 136 -32 reads as rewritten:
"§ 136 -32. .Regulation of signs.
Lal Commercial Si ng s— No unauthorized person shall erect or maintain upon any
highway any warning or direction sign, marker, signal or light or imitation of any official sign,
marker, signal or light erected under the provisions of G.S. 136 -30, except in cases of
emergency. No person shall erect or maintain upon any highway any traffic or highway sign or
signal bearing thereon any commercial ..a.•eAising- or.political advertising_ except as provided
in subsections (b) through(e) of this section: Provided, nothing in this section shall be
construed to prohibit the erection or maintenance of signs, markers, or signals bearing thereon
the name of an organization authorized to erect the same by the Department of Transportation
or by any local authority referred to in G.S. 136 -31. Any person who shall violate any of the
provisions of this section shall be guilty of a Class 1 misdemeanor. The Department of
Transportation may remove any signs erected without ""authority or allowed to remain
b Compliant Political Signs Permitted. —
nre the beginning date of "one -stop" early vol
U Definition. — For purposes of this section,
ocates for political action. The term does not include
I
No sign shall be closer than three feet from the edge of the pavement of the
No sign shall obscure motorist A
No sign shall be higher than 42 ii
this section.
mnm��
0
SECTION 2. This act becomes effective October 1, 2011, and applies to any
primary or election held on or after that date.
In the General Assembly read three times and ratified this the 28th day of July, 2011.
s/ Walter H. Dalton
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 10:00 a.m. this 4th day of August, 2011
Page 2 Session Law 2011 -408 SL2011 -0408
Attachment 3 g
Article 6: Development Standards
Section 6.12:Signs
(F) Flags, emblems or insignia of any national, state or political subdivision;
(G) Property number signs not exceeding two square foot in area and bearing only address
numbers of premises or other identification of premises not having commercial
connotations;
(H) Holiday decorations in season that do not contain or display a commercial message;
(1) Signs on trash receptacles, indicating the owner or party responsible for maintenance;
(J) Hazardous chemical identification/notification signs on residential and non-residential
structures;
(K) Signs on newspaper boxes;
(L) Private drive signs, one per drive entrance, not exceeding two square feet in area, with
the message content limited to the words"Private Drive"and the address of any
residences utilizing the private roadway;
(M) Security and warning signs posted on private property warning the public against
trespassing, or similar messages, provided that any such sign does not exceed two
square feet in area; and
(N) Political Signs, in accordance with the following standards:
(1) Political Signs are allowed in all zoning districts.
(2) A Zoning Compliance Permit shall not be required to allow for the placement of a
political sign on private property.
(3) There shall be no limit to the number of political signs that can be placed on
private property so long as the placement of these signs complies with the
provisions of this Ordinance and the signs do not create a public safety hazard.
(4) Within residential zoning districts, political signs shall not exceed nine square feet
in area or four feet in height.
(5) Within non-residential zoning districts, political signs shall not exceed the
maximum allowable sign area permitted for freestanding signs.
(6) Political signs shall only be erected 90 days prior to the established date of a
general election, school board election, referendum, special election, primary, or
other similar political activity.
(7) Political signs shall be removed within 21 days after an election.
(8) Political signs shall net be allowed wi4hin a street right of
this eGtiO street right_nf_cernv-1-11 he the area m iRtaiaorf.by the {SInr+h
P`are!iRa Depar+men+of. Trailsr,er+atie- n aR area 15 feet frem the edge of
payemoRt whichever is rea+or only be allowed within rights-of-way of the State
highway system in accordance with State law.
(9) Political signs shall not be allowed on telephone poles, utility poles,trees, other
similar natural objects, and other signs or sign structures.
6.12.6 Prohibited Signs
The following signs are prohibited in all zoning districts:
(A) Advertising signs resembling traffic signals,traffic signs, emergency vehicles'flashing
lights, non-governmental sanctioned signs utilizing the words 'stop', `slow', 'caution',
'danger', or any sign that is likely to be misconstrued by the traveling public as being
official governmental signs or emergency warnings or which by their distracting nature
create a hazard to motorists;
(B) Signs, except for off-premises signs allowed under this Section, advertising an activity,
business, product or service no longer conducted on the premises upon which the sign is
Orange County, North Carolina—Unified Development Ordinance Page 6-82
Article 6: Development Standards
10 Section 6.12:Signs
located. Such signage shall be removed within 90 days from the date of termination of
such activity. Upon failure of the owner to remove such signs within the prescribed time,
the Planning Director shall take appropriate legal action to have such sign removed;
(C) Flashing, blinking, pulsating, signs or signs with moving parts except for signs showing
time of day and temperature that are part of an approved sign advertising a permitted
business activity on a parcel of property;
(D) Signs with electronic moveable copy or other similar electronic displays;
(E) Signs, other than traffic, governmental, street name signs, political signs erected in
accordance with State law, or other official governmental or public agency sign, shall not
be permitted within any street right-of-way;
(F) Roof signs;
(G) Snipe signs;
(H) Beacon lights, animated signs, trailer signs and snipe signs;
(1) Portable signs, unless approved for a special event in accordance with Section
6.12.11(D);
(J) Signs supported in whole or in part by water, gas, air, or could otherwise be designated
as inflatable signs; Individuals erecting an inflatable sign shall be subject to an immediate
notice of violation and shall be required to remove the sign within the time frame it would
normally take to deflate the sign, unless approved for a special event in accordance with
Section 6.12.11(D);
(K) Signs mounted on a single pole or mast;
(L) Signs that contain rotating sign panels or objects;
(M) Signs that obstruct ingress and egress to any door, window, fire escape, stairway, ladder,
or other opening intended to provide light, air, ingress, or egress for any room or building;
and
(N) Signs that violate any provision of any law of the State of North Carolina relative to
outdoor advertising.
6.12.7 Submittal Requirements
In order to erect a sign, other than exempt signs, a Zoning Compliance Permit application must
be submitted and approved in accordance with the provisions of Section 2.4 and the following
specific submittal requirements:
(A) A drawing to scale showing the design of the sign, including dimensions, method of
attachment or support, source of illumination. If attached to a structure, the drawing must
indicate where on the structure it will be installed;
(B) A plot plan drawn to scale indicating the location of the sign relative to property lines,
easements, buildings, streets and other on-premise signs;
(C) Sign copy shall be submitted for all proposed signs to the Planning department for review
and approval. No sign shall have lewd or lascivious letters, words, or characters
designating the same; and
(D) Sign plans shall be submitted to the Planning Department for approval prior to the
Building Inspector issuing a Building Permit. A record of such applications and actions
taken shall be kept in the Planning Department.
6.12.8 Expiration of Permits
(A) Notwithstanding other provisions of this Section, zoning compliance permits for signs
shall expire within 180 days from the date of issuance unless within that time the work
authorized by the permit has been completed.
Orange County, North Carolina—Unified Development Ordinance Page 6-83