HomeMy WebLinkAboutAgenda - 03-20-2018 6-c - UDO Text Amendments on Regulating Flagpoles and FlagsORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 20, 2018
Action Agenda
Item No. 6-c
SUBJECT: UDO Text Amendments on Regulating Flagpoles and Flags
DEPARTMENT: County Attorney
ATT ACHMENT(S): INFORMATION CONTACT:
UDO Amendment Outline Form 2018-07 –
Adoption of Regulations Associated with
Flags
John Roberts, 919-245-2318
PURPOSE: To consider and approve process components and schedule for proposed
amendments to the Orange County Unified Development Ordinance (UDO).
BACKGROUND: Orange County residents have expressed concern that a text amendment to
the UDO, specifically adopting regulations governing the height, location, and number of
flagpoles as well as the allowable size of flags may be needed for Orange County.
While Orange County elected officials and staff understand this concern it is important to
remember that the right to Free Expression is a fundamental right of every person and the
Board of County Commissioners has a long history of supporting and defending this
right. The display of flags is a traditional means of Free Expression and the staff and elected
officials of Orange County should approach the regulation of this method of expression with care
and circumspection. Both the North Carolina and United States Constitutions protect Free
Expression. Freedom of Expression is a right of every person and as such it may not be
prohibited. There is, however, a substantial amount of case law that provides for the reasonable
regulation of constitutionally protected rights such as Freedom of Expression.
The UDO has existing content-neutral provisions that regulate flags as banners and signs,
however, in the past there have been no complaints involving flags that have created an
enforcement situation in Orange County.
In order to clarify for the public that flags and flagpoles are reasonably regulated in Orange
County, it may be necessary to amend the UDO in a content neutral manner to expressly set out
regulations that apply to flags and flagpoles while continuing to enforce the existing UDO
language as it may apply to flags and flagpoles. In consideration of this, the Planning Director
has initiated a text amendment to the UDO, specifically to adopt regulations governing the
height, location, and number of flagpoles as well as the allowable size of flags. For more
information please refer to Attachment 1.
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding
for the provision of County services. Costs for the required legal advertisement for the text
amendment will be paid from FY2017-18 Planning Department funds budgeted for this purpose.
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SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this agenda item:
• GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental and commercial operations or
policies.
RECOMMENDATION(S): The Manager recommends the Board discuss this matter and
approve the attached UDO amendment outline.
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Form Revised 09-29-16
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2018-07
UDO text amendment to establish height and size regulations for flagpoles and flags.
A. AMENDMENT TYPE
Map Amendments
Future Land Use Map:
From:
To:
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 Exempt Signs;
• Article 10 Definitions
Other:
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
initiated text amendments to the UDO to incorporate standards governing the height ,
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Form Revised 09-29-16
number, and location of flagpoles as well as the size of flags.
The purpose of the amendment is to ensure uniformity with respect to the display of
flags and the allowable height of flag poles within Orange County.
2. Analysis
As required under Section 2.8.5 of the UDO, 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’.
There are currently no regulatory standards governing the height of a flagpole or size
of flags flown/displayed within the county. Concerns have been expressed over the
lack of regulation(s) ensuring the display of a flag does not dominate local skylines.
Staff has been directed to establish regulations governing the overall allowable
height of a flagpole as well as standards governing allowable flag area.
The proposed regulation does not attempt to establish content standards. Such
regulations are inconsistent with numerous court proceedings including the US
Supreme Court Case Reed versus Town of Gilbert. For more information on the
case and its potential impacts please refer to the
following: http://canons.sog.unc.edu/?p=8167.
The proposed regulation is to ensure uniformity with respect to the size and number
of flags that can be displayed on property as well as a measurable standard on the
height of any erected flagpole.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Land Use Goal 6:
A land use planning process that is transparent, fair, open, efficient, and responsive.
4. New Statutes and Rules
Not applicable
C. PROCESS
a. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
March 20, 2018
b. Public Hearing
May 1 or May 15, 2018
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Form Revised 09-29-16
c. BOCC Updates/Checkpoints
April 4, 2018 – Planning Board Ordinance Review Committee (ORC) meeting
(BOCC receives agenda materials)
April 4, 2018 – Planning Board Recommendation (BOCC receives agenda
materials) NOTE: if ORC does not have any substantial comments, then a vote
on a recommendation could occur on the regular agenda that evening.
d. Development Advisory Committee (DAC)
e. Legal Sufficiency Determination
f. Other
b. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements.
a. Planning Board Review:
April 4, 2018 – Planning Board Ordinance Review Committee (ORC) meeting.
April 4, 2018 – Planning Board Recommendation.
b. Advisory Boards:
Not applicable
c. Local Government Review:
Not applicable
d. Notice Requirements
Legal advertisement for the public hearing shall be in accordance with the
provisions of the UDO.
e. Outreach:
c. 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 FY2017-18 Departmental funds budgeted for this purpose. Existing Planning
March 15, 2018.
Pending.
Not Applicable
General Public:
Small Area Plan Workgroup:
Other:
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Form Revised 09-29-16
staff included in the Departmental staffing budget will accomplish the work required
to process this amendment.
D. AMENDMENT IMPLICATIONS
The amendment will establish regulations governing the height of flagpoles for
residential and non-residential land uses as well as a maximum allowable display area
for flags displayed on property.
E. SPECIFIC AMENDMENT LANGUAGE
Pending
Primary Staff Contact:
Craig Benedict
Planning Director
(919) 245-2592
cbenedict@orangecountync.gov
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