HomeMy WebLinkAboutAgenda - 05-15-2018 5-a - Unified Development Ordinance Text Amendment - Flags and FlagpolesORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 15, 2018
Action Agenda
Item No. 5-a
SUBJECT: Unified Development Ordinance Text Amendment – Flags and Flagpoles
DEPARTMENT: Planning and Inspections and County Attorney’s Office
ATTACHMENT(S): INFORMATION CONTACT:
1. UDO Amendment Outline Form 2018-
07)
2. Draft Excerpt of April 4, 2018 Planning
Board Minutes and Signed Statement of
Consistency
3. Statement of Consistency
4. Ordinance and Proposed UDO Text
Amendments
5. Legal Advertisement
6. Flag Amendment Fact Sheet
7. County’s Attorney’s May 10, 2018
Proposed UDO Text Amendments
Craig Benedict, Director, (919) 245-2592
John Roberts, County Attorney, (919) 245-
2318
PURPOSE: To hold a public hearing on a Planning Director/County Attorney’s Office initiated
Unified Development Ordinance (UDO) text amendment clarifying regulations associated with
flags and flagpoles.
BACKGROUND: The UDO Amendment Outline Form (Attachment 1) for these amendments
was approved by the BOCC at its March 20, 2018 regular meeting. The County Attorney’s
Office has provided staff with recommended language. The purpose of these proposed
amendments is as follows:
• To address concerns over the lack of clear and comprehensive regulation(s) to ensure
that the display of a flag does not dominate local skylines.
• To clarify existing regulations on flags and flagpoles. Specifically:
o The allowable height, location, and number of flagpoles, and
o The maximum allowable area (size) of flags that can be displayed on a given
parcel of property.
Please note the proposed amendments do not attempt to regulate flag content. Regulating flag
content would be inconsistent with numerous court proceedings, including the US Supreme
Court Case Reed versus Town of Gilbert. The County cannot regulate the content of a flag.
It can, however, establish content-neutral regulations designed to address the size, height, and
location at which a flag is displayed. For additional background information, please refer to the
1
UDO Amendment Outline Form contained within Attachment 1 and to the pertinent agenda
materials and information via the following links:
• March 20, 2018 BOCC regular meeting agenda materials can be viewed at:
http://server3.co.orange.nc.us:8088/WebLink8/DocView.aspx?id=51820&dbid=0.
• March 20, 2018 BOCC regular meeting minutes can be viewed at:
http://server3.co.orange.nc.us:8088/WebLink8/0/doc/52122/Page1.aspx
• April 4, 2018 Ordinance Review Committee (ORC) agenda materials and can be viewed
at: http://cms3.revize.com/revize/orangecounty/ORCAgendaPacket.pdf.
• April 4, 2018 Planning Board agenda materials can be viewed at:
http://cms3.revize.com/revize/orangecounty/PlanningBoardAgendaPacket.pdf.
An amendment fact sheet (Attachment 6) has been prepared providing answers to basic
question(s) associated with this proposal.
If the amendment is adopted, Planning staff will be required to physically document all flags and
flagpoles on property within the County’s planning jurisdiction. This is to establish a baseline for
what is existing within the County and identify potential violation(s) of size and height
regulation(s).
Please note staff will not have the authority to go onto private property to document the
presence of a flag or flagpole. Pictures will be taken from public/private rights-of-way. Further
this is the first step in the documentation process. Staff will have the burden of proving a
flagpole exceeds established height restrictions or a flag exceeds allowable area in order to
initiate enforcement action at the appropriate time.
Planning Director’s Recommendation: The Planning Director recommends approval of the
proposed text amendments, including the:
i. Statement of Consistency contained in Attachment 3, which indicates the proposed
text amendments are consistent with the adopted Comprehensive Plan, are
reasonable, and are in the public interest, and
ii. The text amendment as contained in Attachment 4.
Planning Board Recommendation: At its April 4, 2018 meeting, the Board voted unanimously to
recommend approval of the Statement of Consistency and the UDO amendment package.
Draft minutes and the signed Statement of Consistency from this meeting are included in
Attachment 2.
Pursuant to a request by the Chair, the County Attorney and Planning staff prepared an
additional document, Attachment 7, with recommendations from the County Attorney to reduce
the required setback to 20 feet and to designate a maximum allowable height rather than having
an allowable height either a set number of feet or the height of a building on the lot. Reducing
the setback would allow the County’s smallest allowable lots of 50 feet to erect flagpoles.
Allowing for a single height limit for flagpoles in the residential and commercial zoning districts
will provide a measure of uniformity for flagpole height throughout the County.
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 Departmental funds budgeted for this purpose.
2
Existing Planning staff included in the Departmental staffing budget will accomplish the work
required to process these amendments.
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:
1. Receive the proposed amendments to the UDO as detailed in this abstract and
attachments;
2. Conduct the public hearing and accept comment on the proposed amendments;
3. Close the public hearing. (Note that, because this is a legislative decision, additional
comments at a later date are permitted); and
4. Decide on one of the following options:
a. Adopt the proposed amendments by approving the Statement of Consistency
(Attachment 3) and EITHER the Ordinance and Proposed UDO Text
Amendments in Attachment 4, or the Ordinance in Attachment 4 and the
County’s Attorney’s May 10, 2018 Proposed UDO Text Amendments in
Attachment 7;
b. Defer a decision to a later BOCC regular meeting date; or
c. Refer the item back to the Planning Board for a specific purpose.
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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. Signs; and
• Article 10 Definitions
Other:
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Attachment 1
4
Form Revised 09-29-16
Development Ordinance Amendments of the UDO, the Planning Director and
Attorney’s office have initiated text amendments to the UDO to incorporate standards
governing the height, 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 flagpoles 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
5
Form Revised 09-29-16
May 15, 2018
c. BOCC Updates/Checkpoints
April 4, 2018 – Planning Board Ordinance Review Committee (ORC) meeting
(BOCC receives agenda materials). There were no comment(s) made on the
proposed amendment at ORC.
April 4, 2018 – Planning Board Recommendation (BOCC receives agenda
materials). The Planning Board voted unanimously to recommend approval. Draft
minutes from the meeting can be found in Attachment 2.
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
April 5, 2018
April 30, 2018
Not Applicable
General Public:
Small Area Plan Workgroup:
Other:
6
Form Revised 09-29-16
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
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
Please refer to Attachment 4.
Primary Staff Contact:
Craig Benedict
Planning Director
(919) 245-2592
cbenedict@orangecountync.gov
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Approved 5/2/2018
MINUTES 1 ORANGE COUNTY PLANNING BOARD 2 APRIL 4, 2018 3
REGULAR MEETING 4 5
6 MEMBERS PRESENT: Randy Marshall (Vice-Chair), Bingham Township Representative; Kim Piracci, At-Large; Randy 7
Marshall, At-Large; David Blankfard, Hillsborough Township Representative; Paul Guthrie, At-Large Chapel Hill 8
Township; Laura Nicholson, Eno Township Representative; Alexander Gregory, Chapel Hill Township 9
Representative; Hunter Spitzer, At-Large; Adam Beeman, Cedar Grove Township Representative; Carrie Fletcher, 10
Bingham Township Representative; 11 12 MEMBERS ABSENT: Lydia Wegman (Chair), At-Large Chapel Hill Township Representative; Buddy Hartley, Little River 13
Township Representative; Patricia Roberts, Cheeks Township Representative; 14
15 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Patrick Mallett, 16
Planner II; Meredith Kern, Administrative Assistant II. 17
18 OTHERS PRESENT: Ryan Barnett; Katherine Walker; Heather Redding; Latarndva Strong; Nan Fulcher; 19
20
AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 21 22
Vice Chair Randy Marshall called the meeting to order and welcomed new board member Carrie Fletcher. 23
24
AGENDA ITEM 2: INFORMATIONAL ITEMS 25
a. Planning Calendar for April and May 26
27 AGENDA ITEM 3: APPROVAL OF MINUTES 28 March 7, 2018, Training Session Notes 29
March 7, 2018, Regular Meeting Minutes 30
31 MOTION by Adam Beeman to approve the March 7, 2018, Regular Meeting Minutes. Seconded by Laura Nicholson. 32 VOTE: Unanimous 33 34 AGENDA ITEM 4. CONSIDERATION OF ADDITIONS TO AGENDA 35
There were no changes. 36
37 AGENDA ITEM 5: PUBLIC CHARGE 38 39 INTRODUCTION TO THE PUBLIC CHARGE 40
The Board of County Commissioners, under the authority of North Carolina General Statute, 41
appoints the Orange County Planning Board (OCPB) to uphold the written land development laws 42
of the County. The general purpose of OCPB is to guide and accomplish coordinated and 43
harmonious development. OCPB shall do so in a manner, which considers the present and future 44
needs of its citizens and businesses through efficient and responsive process that contributes to 45
and promotes the health, safety, and welfare of the overall County. The OCPB will make every 46
effort to uphold a vision of responsive governance and quality public services during our 47
deliberations, decisions, and recommendations. 48
49
50 PUBLIC CHARGE 51
The Planning Board pledges to the citizens of Orange County its respect. The Board asks its 52
citizens to conduct themselves in a respectful, courteous manner, both with the Board and with 53
fellow citizens. At any time, should any member of the Board or any citizen fail to observe this 54
public charge, the Chair will ask the offending member to leave the meeting until that individual 55
Attachment 2 8
Approved 5/2/2018
regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until 56
such time that a genuine commitment to this public charge is observed. 57
58
AGENDA ITEM 6: CHAIR COMMENTS 59
There were no comments. 60
61 AGENDA ITEM 7: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – FLAGPOLE AND FLAG 62 REGULATIONS - To make a recommendation to the BOCC on government-initiated amendments 63
to the text of the UDO that will add regulations pertaining to flagpoles and flags. This item is 64
scheduled for public hearing on May 1, 2018 65
66 PRESENTER: Michael Harvey, Current Planning Supervisor 67
68
Michael Harvey: Tonight I am going to review with you a proposed text amendment to the Unified Development 69
Ordinance designed to clarify standards governing the height, number, and location of flagpoles as well as the size of 70
flags erected on property within the County's planning jurisdiction. The amendment is contained within Attachment 3 71
of your packet. Attachment 2 contains the statement of consistency outlining how the proposal is consistent with the 72
provisions of the adopted Orange County Comprehensive Plan. 73
74
The overall purpose and intent of the amendment is to ensure uniformity with respect to the display of flags and 75
the allowable height of flagpoles within Orange County. Although there are regulations contained within the UDO 76
regulating flags, there is a concern said regulations are unclear. 77
78
As you are already aware concerns have been expressed to the elected officials over the lack of clear, definitive 79
standards, governing the erection of flagpoles and size of flags that can be erected/flown. 80
81
The Board of County Commissioners directed the County's Attorney office to review potential language designed to 82
clarify existing regulation(s) with respect to the overall allowable height of flagpoles as well as the allowable size of 83
flags in an effort to ensure the display of flag(s) does not dominate local skylines. 84
85
Planning staff, consistent with established protocols, sought approval of an Amendment Outline Form (AOF) by the 86
Board of County Commissioners establishing the parameters of such an amendment as well as anticipated 87
timeline(s) for review and action. At its March 20, 2018 regular meeting the Board approved the Form scheduling a 88
public hearing to review the amendment at its May 1, 2018 regular meeting. 89
90
The County's Attorney office provided language deemed to meet legal sufficiency requirements, which again is 91
contained within Attachment 3 of your package. 92
93
As part of the review of this item, staff has supplied the Board members with an e-mail from Mr. John 94
Roberts concerning the review of this item, which I would like to read into the minutes: 95
96
“Michael- 97
98
Although it does regulate flags, the current UDO is not clear that it regulates flags. The Board of Commissioners 99
directed us to amend the UDO to clarify this and to draft content neutral restrictions on flag size and height to address 100
resident concerns of individuals or groups erecting enormous flags in residentially zoned areas. With that in mind the 101
proposed language was drafted to be content-neutral so that if challenged it may survive judicial scrutiny: 102
103
Regarding content-neutrality: The U.S. Supreme Court held government may impose reasonable restrictions on the 104
time, place, and manner of protected speech, provided the restrictions are narrowly tailored to serve a significant 105
government interest, are without reference to content, and leave open sufficient alternate means of communicating 106
the message. There is ample case law applying this principle to signs, flags, etc. The proposed language solely 107
focuses on these categories and does not contemplate what message may be communicated. Further the proposed 108
language regarding the number of flags allowed, dimensions, and height leaves open a property owner’s ability to fly 109
reasonably flags conveying whatever message they choose. 110
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Approved 5/2/2018
111
With regard to the proposed dimensions these numbers are, as you previously noted, /{an amalgamation of all 112
previous drafts" and are proposed merely as reasonable suggestions. Size limitations may not be so restrictive that 113
they do not allow sufficient means of expression and I believe the proposed numbers allow full expression of the 114
message without allowing a property owner to negatively impact her or his neighbor. 115
116
Let me know if this is responsive of you need more information.” 117 118 As I have indicated during the ORC committee meeting, the proposed regulation(s) are necessary to ensure 119
uniformity with respect to the size and number of flags that can be displayed on property as well as clarify the 120
measurable standard that will be employed relating to the allowable height any erected flagpole. As written, the 121
amendment would clarify existing regulations to ensure adherence to the following specific standards: 122
123
1. Within a residential general use zoning district (including Rural Buffer, Agricultural Residential, and 124
Rural Residential) the amendment allows for the erection of a single flagpole with a maximum height 125
limit of 24ft. A maximum of 3 flags could be displayed, with each flag being a maximum of 24 sq. in area 126
(or 4ft. by 6ft. in size) on a residentially zoned parcel; 127
128
2. Within all other general use zoning districts, the amendment allows up to 3 flags and 3 individual 129
flagpoles. Each flag can be a maximum of 96 sq.ft. in area (or 8ft. by 12ft. in size). Flagpoles shall be 130
a maximum of 54 ft. in height; 131
132
3. In all general use zoning districts a flagpole shall be required to observe a 50 ft. setback from all property 133
lines; 134
135
4. As written Section 6.12.12 of the UDO would contain an amortization provision requiring nonconforming 136
flags and flagpoles, legally erected prior to the adoption of this amendment, to be brought into 137
compliance within 1year from the Ordinance being adopted. 138
139
5. As written Section 6.12.13 of the UDO contains language exempting flags, no greater than 12 inches 140
in height, displayed on individual grave sites within a cemetery from the provisions of the Ordinance. 141
142
As previously indicated the proposed language is content neutral and does not establish a ban on any specific 143
flag. I will refer you back to the e-mail authored by John Roberts for additional detail on this matter, which I have 144
previously read into the minutes of this meeting. 145
146
As part of making a recommendation on this text amendment, the Board is being asked to approve a Statement of 147
Consistency for this project, making the following findings: 148
149
Michael Harvey reviewed the Consistency Statement, Attachment 2 in the board packet, and then continued his 150
presentation: 151
152
The Planning Director's recommendation on this item is to: 153
154
1. Review the proposed amendments to the UDO, 155
156
2. Deliberate on the proposal as desired, 157
158
3. Consider the Planning Director's and County's Attorney recommendation(s), and 159
160
4. Make a recommendation to the BOCC on: 161
162
The Statement of Consistency for proposed UDO Text Amendment(s) (Attachment 2), and Proposed UDO Text 163
Amendment(s) (Attachment 3) in time for the May 1, 2018 Public Hearing. 164 165 Randy Marshall asked the board if they had any questions. 166
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Approved 5/2/2018
167
Alex Gregory said that content neutral means the board is not discussing or regulating what appears on a flag. 168
169
Randy Marshall invited the public to comment. 170
171
Ryan Barnett addressed the board. He said he lives in Sanford, North Carolina, and he thinks that this proposed 172
ordinance is a great mistake. He is a veteran and he believes that this is an attempt to constrict people’s 173
constitutional rights. This is about the Confederate flag, he said. People are not really educated on this flag, he said. 174
He said the flag is not about hate. He said he is from New York and was brainwashed in school to think the 175
Confederate flag was about hate. He said restricting the Confederate flag is part of a historical purge. He urged the 176
Planning Board to defeat the ordinance amendment and he said there will be lawsuits filed if the county passes this 177
ordinance, and he said the county will see more Confederate flags if the county passes this ordinance. 178
179
Katherine Walker addressed the board. She said she was born and raised in Orange County and lives in 180
Hillsborough and is in full support of this revision. She asked some questions. After one year, will flagpoles out of 181
compliance be required to comply? Also, if the house covers the area that is 50 feet back, can the flagpole be placed 182
on the house and how tall can it be? And her third question is if a tree is used as a flagpole, does the flag flying have 183
to comply with these standards? Katherine Walker also said there are others in the audience this evening in support 184
of the proposed amendment. 185
186
Michael Harvey answered Katherine Walker’s questions. He re-read the proposed clause about those flagpoles that 187
would be considered nonconforming. Effectively, there would be one year to bring the flagpole into compliance. If the 188
property owner cannot, there is a process whereby a property owner could seek a variance on the location of the 189
flagpole. Michael Harvey said the ordinance does not specify that the flags have to flown on a flagpole and all flags 190
have to meet the requirements of the applicable zone in which it is located, both for size and number of flags. 191
192
Randy Marshall asked for clarification that the height of a house would count as part of the height of the flagpole if 193
the flagpole were located on a house. 194
195
Michael Harvey read from Section 6.12.12 for residential districts which state not only the height limitation of a 196
flagpole but that the flagpole cannot be higher than the principal building’s roof. 197
198
Adam Beeman asked what the enforcement mechanism would be for those property owners who do not bring 199
flagpoles or flags into compliance within one year of the adoption of this ordinance. 200
201
Michael Harvey answered that the county can seek judicial action. 202
203
David Blankfard asked what a property owner has to provide to obtain a permit to erect a flagpole. 204
205
Michael Harvey said the property owner would have to provide a plat plan to show the location on the property to 206
determine setback from the property line, schematics so that staff can determine the height, and a rendering of the 207
flag’s size. County staff would then issue a zoning compliance permit. 208
209
David Blankfard asked if the property owner would have to get a civil engineer to draw the plans. 210
211
Michael Harvey answered no. And, when asked another question by David Blankfard, Michael Harvey said Orange 212
County Building Inspections would be concerned with the actual building of the structure. The Planning Department 213
would just be concerned with the height and setback of the flagpole and size-of-flag requirements. 214
215
Heather Redding addressed the board. She said she is a member of the Hillsborough Progressives Taking Action 216
group and she thanked the board for taking public comment and taking this matter seriously. She voiced her support 217
for the amendment. She said a 1,500-square-foot flag was erected outside of Charlotte, North Carolina, recently on a 218
flagpole that is 125 feet tall. This flag has a symbol on it that has been flown alongside swastikas and other hate 219
symbols in Charlottesville, Virginia. It has been flown as a symbol of retaliation, intimidation and threat. Once a flag 220
gets to be a certain size, it is not a private statement, she said. It is a public message. A public message can be 221
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Approved 5/2/2018
wonderful but it can be hateful and divisive. She urged the board not to be concerned that this is a slippery slope that 222
will lead to other regulations. 223
224
Latarndra Strong addressed the board. She said she is with Hate-Free Schools Coalition, which worked to remove 225
symbols of hate from the Orange County Public Schools. The coalition was started because a huge flag was flown on 226
the back of a truck and driven into a school parking lot. When the size became so large that a normal person could 227
not ignore it, she felt like it was important to do something for the students who did not want to see it as their school. 228
The issue for her was she felt that large flags should be regulated on public property until these large flags started to 229
be erected alongside roads on private property. She said she would be opposed to a large flag if it held different 230
content such as a huge retail symbol. She said the regulation is about keeping our community neutral and safe. She 231
supports the amendment. 232
233
Nan Fulcher addressed the board. She said planners restrict outdoor advertising and other signage and banners. 234
She thinks this proposed amendment is logical and preserves freedom of speech. 235
236
Randy Marshall asked if there was anyone else who did not sign up who would like to speak. There was no one. He 237
invited planning board comments. 238
239
Laura Nicholson said as a representative of the Eno Township and as a member of the Nicholson family, she would 240
like to speak. She has family members of multiple races and viewpoints and her vote is going to be content neutral 241
but reflect how we feel about multiple flags hanging on one property. 242
243
Paul Guthrie said he supported the previous statement. He is distressed that this is a divisive issue. He has family 244
members who have served in the armed forces going back to the American Revolution. He was educated in several 245
states and he is distressed that there are people stirring up divisiveness on this issue and he advised that the 246
gentleman who came from Sanford to speak would be better off speaking to the board of commissioners in Sanford. 247
Paul Guthrie said he will vote in support of this ordinance amendment. 248
249
Adam Beeman said he did some research today and found these proposed regulations are not out of the ordinary for 250
other jurisdictions. 251
252
Michael Harvey said that this will only be applicable within Orange County’s planning jurisdiction and not within the 253
town or city jurisdictions. 254
255 MOTION by Hunter Spitzer to recommend that the Orange County Board of Commissioners approve the UDO text 256
amendment. Seconded by David Blankfard. 257 VOTE: Unanimous 258
259 AGENDA ITEM 8: ADJOURNMENT 260 261
MOTION by Paul Guthrie to adjourn the meeting at 8:22 p.m. after reconvening the ORC and addressing the rest of 262
the items on that agenda. Seconded by Adam Beeman. 263 VOTE: Unanimous 264 ____________________________________ 265
Lydia N. Wegman, Chair 266
267
12
13
14
STATEMENT OF CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
Orange County has initiated an amendment to the Unified Development Ordinance
(UDO) to clarify regulations governing the height, location, and number of flagpoles as well as
the overall size of flags that can be erected/displayed on property within the County’s planning
jurisdiction.
The BOCC finds:
a. The requirements of Section 2.8 of the UDO have been deemed complete; and,
b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the
North Carolina General Statutes, the Board finds sufficient documentation within
the record denoting that the amendment is consistent with the adopted 2030
Comprehensive Plan.
1. The amendment is consistent with applicable plans because it supports the
following 2030 Comprehensive Plan goals and objectives:
• Land Use Goal 6 – A land use planning process that is transparent,
fair, open, efficient, and responsive.
These amendments are consistent with this goal and
objective by clarifying applicable standards governing the
erection of flagpoles and display of flags, specifically the
maximum height of a flagpole, where flagpoles can be
located on property, and the allowable size of a flag.
These amendments assist in ensuring a review process that
is more efficient, accessible, and responsive to County
residents seeking to erect flagpoles and display flags.
c. The amendment is reasonable and in the public interest because it:
1. Ensures legal sufficiency by eliminating contradictory regulations and
guidelines.
These amendments ensure uniformity by eliminating potentially
contradictory language associated with the erection of flagpoles
and the allowable size of flags.
2. Ensures legal sufficiency by eliminating language that could be perceived as
regulating the content of a flag.
The proposed regulations are content neutral and will not impact
the exercise of free expression by County residents with respect to
the display of a flag.
The Board of County Commissioners hereby adopts this Statement of Consistency
and findings expressed herein.
______________________ ________________________
Mark Dorosin, Chair Date
Attachment 3
15
Ordinance # ORD-2018-017
AN ORDINANCE AMENDING THE
UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
Whereas, Orange County has initiated amendments to its Unified Development Ordinance
(UDO) to modify existing regulations governing flags and flagpoles, and
Whereas, staff has determined a need to provide more specificity with respect to flags and
flagpoles as to ensure uniformity with respect to the display of flags and the allowable height of
flagpoles consistently and logically throughout Orange County, and
Whereas, proposed the amendment(s) eliminate ambiguous standards and replace them
with specificity utilizing standards that are similar to other jurisdictions in North Carolina, and
Whereas, the requirements of Section 2.8 of the Unified Development Ordinance have
been deemed complete, and
Whereas, the Orange County Planning Board has recommended approval of the proposed
text amendments, and
Whereas, the County has held the required public hearing and has found the proposed
text amendments are consistent with the goals and policies of the adopted Comprehensive
Plan.
Be it ordained by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended as depicted in the attached
pages.
Be it further ordained that this ordinance be placed in the book of published ordinances
and that this ordinance is effective upon its adoption.
Upon motion of Commissioner ________________________, seconded by Commissioner
________________________, the foregoing ordinance was adopted this ________ day of
___________________, 2018.
I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY
CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a
meeting held on ________________________, 2018 as relates in any way to the adoption of the
foregoing and that said proceedings are recorded in the minutes of the said Board.
WITNESS my hand and the seal of said County, this ______ day of ______________, 2018.
SEAL ________________________________
Clerk to the Board of Commissioners
Attachment 4
16
UDO AMENDMENT PACKET NOTES:
The following packet details staff’s proposed modifications to existing regulations associated
with revisions to flag and flagpoles.
• Red Underlined Text: Denotes new, proposed text that staff is suggesting be
added to the UDO
• Red Strikethrough Text: Denotes existing text that staff is proposing to delete
Only those pages of the UDO impacted by the proposed modification(s) have been included
within this packet. Some text on the following pages has a large “X” through it to denote that
these sections are not part of the amendments under consideration. The text is shown only
because in the full UDO it is on the same page as text proposed for amendment or footnotes from
previous sections ‘spill over’ onto the included page. Text with a large “X” is not proposed for
deletion.
Please note that the page numbers in this amendment packet may or may not necessarily
correspond to the page numbers in the adopted UDO because adding text may shift all of
the text/sections downward.
Users are reminded that these excerpts are part of a much larger document (the UDO) that
regulates land use and development in Orange County. The full UDO is available online at:
http://www.orangecountync.gov/departments/planning_and_inspections/ordinances.php
17
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-74
Figure 6.12.4: Sign Size Measurement
All three of these signs would have the same size sign face, as measured by the smallest rectangle
encompassing the outer limits
6.12.5 Exempt Signs
The following permitted signs are considered exempt and do not require the issuance of a Zoning
Compliance Permit:
(A) Signs erected by a governmental agency to regulate, control, or direct vehicular or
pedestrian traffic;
(B) Legal notices, warnings, regulatory or informational signs erected by a public agency;
(C) Signs required by law;
(D) “No trespassing” signs, not exceeding six square feet in area;
(E) Real estate signs, not exceeding four square feet in area;
(F) Flags, emblems or insignia of any national, state or political subdivision;
(G)(F) 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)(G) Holiday decorations in season that do not contain or display a commercial message;
(I)(H) Signs on trash receptacles, indicating the owner or party responsible for maintenance;
(J)(I) Hazardous chemical identification/notification signs on residential and non-residential
structures;
(K)(J) Signs on newspaper boxes;
(L)(K) 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)(L) 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)(M) 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.
18
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-79
6.12.12 Signs Permitted in Specific Zoning Districts
The following signs shall be permitted in the zoning districts indicated, in accordance with all
other provisions of this Section and specific standards for each sign established herein:
(A) Flags
All flags shall comply with the following provisions, except for those in cemeteries which
are regulated by Section 6.12.13(C).
(1) In residential zoning districts (RB, AR, R1, R2, R3, R4, R5, R8, and R13), up to
three flags and one flagpole per lot shall be allowed. Each flag shall be a
maximum of twenty four (24) square feet in area. The flagpole shall be a
maximum of twenty four (24) feet in height or no higher than the highest point of
the principal building’s roof, whichever is lower. Flagpoles shall be setback at
least fifty (50) feet from all property lines.
(2) In all other zoning districts, up to three flags and three flagpoles shall be allowed.
Each flag shall be a maximum of ninety six (96) square feet in area. Each
flagpole shall be a maximum of fifty four (54) feet in height or no higher than the
highest point of the principal building’s roof, whichever is lower. Flagpoles shall
be setback at least fifty (50) feet from all property lines.
(3) Flags lawfully in existence on the date this provision was first advertised, which
do not conform to the provisions of this Unified Development Ordinance, but
which were in compliance with the applicable regulations at the time they were
constructed, erected, affixed or maintained must be regarded as nonconforming.
(a) For the purpose of amortization, nonconforming flags may be continued
from the effective date of this subsection for a period not to exceed one
year.
(b) Flags which were unlawful under the prior versions, and which do not
conform to the current ordinance, must be removed immediately.
(c) Any flag or flagpole which is altered, relocated, or replaced, must be
immediately brought into compliance with all provisions of this code.
(4) Depictions of flags, when placed on structures, shall comply with the remaining
provisions of this Section.
(A)(B) On-Premise Commercial Signs
(1) These signs shall comply with all state and county building codes and the
National Electric Code. Clearance of signs is required from high voltage power
lines and signs shall be located in such a way that they will maintain horizontal
and vertical clearance of all overhead electrical conductors in accordance with
the National Electric Code specifications, provided that no sign shall be installed
closer than ten feet horizontally or vertically from any conductor or public utility
guy wire.
(2) On-premise commercial signs shall be permitted within the following zoning
districts: LC-1, NC-2, CC-3, GC-4, EC-5, O/RM, EI, I-1, I-2, I-3, AS, MPD-CZ,
MHP-CZ, ASE-CZ, REDA-CZ-1 and all of the Economic Development zoning
districts.
(3) All on-premise commercial signs shall be setback ten feet from the front, side,
and rear property lines or the edge of any existing or projected street right-of-way
line whichever is greater. In cases where a property abuts a residential zoned
parcel of property, the side or rear yard setback requirement shall be doubled.
(4) Number of Signs Permitted
19
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-80
(a) One on-premise commercial sign shall be permitted per parcel.
However, one additional on-premise commercial sign may be permitted
for parcels with frontage on more than one right-of-way in accordance
with the provisions of this Section.
(b) Under no circumstances shall more than one three-dimensional sign be
permitted on-site.
(c) For multi-tenant buildings and/or sites permitted as a conditional use or
conditional zoning district, additional on-premise commercial signs or
sign area may be permitted by the Board of County Commissioners.
(5) Height of Signs
(a) Pole signs shall be limited to a height of 24 feet with a mandatory ground
clearance of eight feet from the normal or finished grade elevation of the
property at the base of the sign
(b) Ground signs shall not exceed six feet in height from the normal or
finished grade elevation of the property at the base of the sign
(6) The allowable area for on-premise commercial signs shall be determined as
follows:
(a) Single or double-faced signs shall not exceed 32 square feet in area, per
sign face. For parcels zoned CC-3, GC-4, O/RM, I-1, I-3, AS, EDB-2,
EDE-2, EDH-4, EDH-5, and MPD-CZ signage shall not exceed 72
square feet in area for parcels that:
(i) Are larger than 60,000 square feet in area, and
(ii) Have more than 300 linear frontage along a NC Department of
Transportation (NC DOT) maintained roadway.
(b) Three-dimensional signs shall not exceed a maximum volume of 54
cubic feet with no dimension exceeding six feet.
Figure 6.12.12.A.6: Three-Dimensional Sign Allowable Volume
NOTE: L x W x H may not exceed 54 cubic feet with no dimension exceeding 6 feet.
20
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-81
(7) An on-premise commercial sign may contain a changeable copy sign as defined
in this Ordinance. However, the total sign area, including the area of changeable
copy, shall not exceed the maximum allowable area established in Section
6.12.12(A)(6)(a) above.
(8) No on-premise commercial sign shall be oriented is such a manner as to be
directly visible from a major transportation corridor as established in this
Ordinance.
(B)(C) Off-Premise Commercial Signs
(1) These signs shall comply with all state and county building codes and the
National Electric Code. Clearance of signs is required from high voltage power
lines and signs shall be located in such a way that they will maintain horizontal
and vertical clearance of all overhead electrical conductors in accordance with
the National Electric Code specifications, provided that no sign shall be installed
closer than ten feet horizontally or vertically from any conductor or public utility
guy wire.
(2) Off-premise commercial signs (billboards) shall be permitted within the GC-4,
EC-5, I-1, and I-2 zoning districts.
(3) No electric tap outs allowing for an independent light source to receive power
shall be allowed.
(4) Off-premise commercial signs shall be considered the principal use of property.
There shall be no additional principal uses allowed on the same parcel. Off-
premise commercial signs shall not be permitted as accessory uses.
(5) No off-premise commercial sign shall be located closer than 200 feet to the right-
of-way of major thoroughfares (i.e. US 70, NC 86, NC 40, and NC 57) and 600
feet to the right-of-way for all other thoroughfares and streets.
(6) The height of an off-premise commercial sign shall not exceed 25 feet from the
grade of the right-of-way or surface grade beneath the sign, whichever is less.
The clearance of an off-premise sign shall not be less than eight feet from the
grade of the right-of-way or surface grade beneath the sign, whichever is less.
(7) Off-premise commercial signs shall be limited to 480 square feet of sign area.
(8) In no case shall an off-premise commercial sign be located closer than 1,000 feet
to an existing off-premise commercial sign.
(9) Off-premise commercial signs are prohibited within the Major Transportation
Corridor (MTC) overlay district.
(10) No person may, for the purpose of increasing or enhancing the visibility of any
off-premises commercial sign, damage, trim, destroy, or remove any trees,
shrubs, or other vegetation in the following locations:
(a) Within the right-of-way of any public street or road, unless the work is
done pursuant to the express written authorization of the North Carolina
Department of Transportation;
(b) On property that is not under the ownership or control of the person
responsible for such work, unless the work is done pursuant to the
express authorization of the property owner where the vegetation is
located; and,
(c) In any area where such vegetation is required to remain under a permit
issued in accordance with this Ordinance.
(C)(D) Wall Signs
(1) Shall either be mounted or painted on a building.
21
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-82
(2) Wall signs may be internally illuminated and shall comply with all applicable state
and county building codes and the National Electric Code.
(3) Wall Signs shall be permitted within the following zoning districts: LC-1, NC-2,
CC-3, GC-4, EC-5, O/RM, EI, I-1, I-2, I-3, AS, MPD-CZ, ASE-CZ, REDA-CZ-1
and all of the Economic Development zoning districts.
(4) All wall signs shall be offset a minimum of ten feet from the corner of the building
on which it is mounted.
(5) Wall signs shall not protrude more than 12 inches from the face of building on
which it is mounted.
(6) Number of Signs Permitted
(a) Only one wall sign shall be permitted per building facade. In cases
where a building is located on a corner lot, an additional wall sign may be
permitted on the building wall facing the second street right-of-way,
subject to the requirements of this Ordinance.
(b) For multi-tenant buildings permitted as a conditional use or conditional
zoning district additional wall signs may be permitted by the Board of
County Commissioners.
(7) The allowable sign area shall be determined as follows:
One square foot of sign area for every foot of building length facing a public right-
of-way, not to exceed 32 square feet. For parcels zoned CC-3, GC-4, O/RM, I-2,
I-3, AS, EDB-2, EDE-2, EDH-4, EDH-5, and MPD-CZ signage shall not exceed
64 square feet in area for parcels that:
(a) Are larger than 60,000 square feet in area, and
(b) Contain a structure with more than 100 linear feet of building length
facing a public right-of-way, and
(c) Have more than 300 feet of linear frontage along a NC Department of
Transportation (NC DOT) maintained roadway.
(8) A changeable copy sign may be utilized as a wall sign.
(9) Wall signs shall not extend above the soffit, parapet, or eave line of the building
to which it is attached.
(D)(E) Projecting Signs
(1) Projecting signs shall be mounted on a building.
(2) Projecting signs may be internally illuminated and shall comply with all applicable
state and county building codes and the National Electric Code.
(3) Projecting signs shall be permitted within the following zoning districts: LC-1, NC-
2, CC-3, GC-4, EC-5, O/RM, EI, I-1, I-2, I-3, AS, MPD-CZ, ASE-CZ, REDA-CZ-1
and all of the Economic Development zoning districts.
(4) Projecting signs shall adhere to the minimum setback requirements established
for all structures within the zoning district in which it is located.
(5) Only one projecting signs shall be permitted per building facade even in cases of
a building located on a corner lot.
(6) The allowable sign area shall be determined as follows:
(a) One square foot of sign area for every foot of building length, facing a
public right-of-way, not to exceed 32 square feet in area.
(7) Projecting signs shall clear sidewalks and pedestrian paths by a height of at least
ten feet above finished grade.
22
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-83
(8) Projecting signs shall not extend above the soffit, parapet, or eave line of the
building to which it is attached.
(9) Projecting signs shall not be located at the corner of a building except at right
angles to the building façade.
(E)(F) Window Signs
(1) Window signs shall be permitted within the following zoning districts: LC-1, NC-2,
CC-3, GC-4, EC-5, O/RM, EI, I-1, I-2, I-3, AS, MPD-CZ, ASE-CZ, REDA-CZ-1
and all of the Economic Development zoning districts.
(2) Window signs shall be limited to a maximum of 30% of the total window area
where the sign is to be located.
(3) Window signs may be utilized for advertising specials or sales within the
business, or displaying the name and other pertinent business information
associated with the principal use.
(4) Signs may be etched, painted or otherwise attached to be made a permanent
addition to the pane of glass.
(F)(G) Awning Signs
(1) Awning signs shall be permitted within the following zoning districts: LC-1, NC-2,
CC-3, GC-4, EC-5, O/RM, EI, I-1, I-2, I-3, AS, MPD-CZ, ASE-CZ, REDA-CZ-1
and all of the Economic Development zoning districts. See Section 6.12.14(E)
for additional standards for Awning Signs located in Economic Development
Districts.
(2) Awning Signs shall be located above the main entrance to a nonresidential land
use and shall contain the name of the use.
(3) Awning Sign area shall be limited to a maximum of 50% of the total awning area
erected over the entrance of a nonresidential land use. Where an awning sign is
utilized at a multi-use development, the amount of sign area shall be computed
as part of the overall sign area allotted to wall signs, not to exceed 50% of the
total awning area.
(G)(H) Drive-Through Menu Signs
(1) Applicants must establish to the satisfaction of the Planning Director that a drive-
through menu sign is considered a customary accessory use to the principal
business on the property and is necessary for the normal operations of the
commercial operation.
(2) Signs shall be limited to 32 square feet in area.
(3) No external illumination shall be permitted.
(4) A land use that utilizes such a sign shall also be permitted an independent
speaker box, no greater than 12 square feet in area with a height no greater that
four feet.
6.12.13 Sign Standards for Specific Uses
In addition to the requirements contained herein, the following land uses shall adhere to these
additional standards:
(A) Changeable Copy Signs Utilized by Churches or Public Entities
(1) Shall not exceed 32 square feet in area.
(2) Bulletin boards/reader boards may be internally illuminated.
(B) Service Stations/Gas Station
(1) Signs may be erected above gas pumps subject to the following standards:
23
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-84
(a) No internal or external illumination shall be permitted;
(b) Signs shall be limited to four square feet in area; and
(c) Signs must advertise items for sale on the property. Under no
circumstances may a sign advertise a sale, activity, business, or product
not associated with the principal use of property.
(2) Signs may be erected on the canopy covering gas pumps subject to the following
standards:
(a) Advertising material shall be limited to trademarks, logos, and the name
of the service station or other similar display.
(b) Such displays shall be limited to six square feet of area.
(C) Cemeteries
(1) In addition to flags provided for in section 6.12.12(A), flags no greater than twelve
(12) inches in height may be displayed at individual grave sites within a
cemetery.
(C)(D) Yard Sales/Garage
(1) Signs shall be erected on the property where the sale is taking place.
(2) Signs shall be limited to four square feet of area.
(3) No off-site displays shall be permitted.
(4) Signs shall be removed no later than sunset of the day the event occurs.
(D)(E) Institutional Uses and Private Parks Located within Residential Zoning Districts
(1) One ground and one wall sign shall be permitted;
(2) Maximum sign area shall be 32 square feet per sign face; and
(3) No ground sign shall exceed six feet in height.
(E)(F) Home Occupations
(1) The Home Occupation shall have a valid Zoning Compliance Permit issued by
Orange County;
(2) There shall only be one sign limited to eight square feet in area and four feet in
height;
(3) Such sign shall not be illuminated by any means;
(4) Sign shall not be located within any public street right-of-way, sight visibility
triangle, easement, vehicular area or other similar area; and
(5) The sign message shall be limited to the business name and telephone number.
(F)(G) Parks, Public and Non-profit; Recreational Facilities, Non-Profit; Recreational
Facilities, Golf Courses; and Recreational Facilities, Profit
(1) Purpose and Intent
(a) Unlike signs for non-residential development(s), signs for recreational
land uses are intended to serve a different function and purpose. Signs
within these types of land uses are intended to provide essential
information concerning:
(i) Rules and regulations governing the operation of the facility;
(ii) Educational information identifying unique aspects of the facility,
the property itself, or significant environmental features that are
located on the property; and
24
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-43
Sign, Banner
A sign, other than a flag, intended to be hung
either with or without frames, possessing
characters, letters, illustrations, or ornamentations
applied to paper, plastic, or fabric of any kind.
National flags, flags of political subdivisions, and
symbolic flags of any institution or business shall
not be considered banners for the purposes of this
Ordinance. Banner signs are regulated under the
Special Event Display section of Section 6.12.
Following is an example of a banner sign:
Sign, Changeable Copy
A sign that is designed so that characters, letters, or
illustrations can be changed or rearranged without
altering the face or the surface of the sign. This shall
also include the changing of copies of billboards.
Changeable copy signs, for the purposes of this
Ordinance, shall mean signs on which the copy is
changed manually. Also referred to as a reader
board sign.
Example of Changeable Copy Sign:
Sign, Construction
A sign that gives the name or names of principal contractors, architects,
and lending institutions responsible for construction on the site where
the sign is placed.
25
NOTICE OF PUBLIC HEARING
ORANGE COUNTY BOARD OF COMMISSIONERS
A public hearing will be held at the Southern Human Services Center, 2501 Homestead Road, Chapel
Hill, North Carolina, on Tuesday, May 15, 2018 at 7:00 PM for the purpose of giving all interested
residents an opportunity to speak for or against the following item:
1. Unified Development Ordinance Text Amendments: In accordance with the provisions of
Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the Unified
Development Ordinance, the Planning Director and County Attorney’s office have initiated
amendments to the Unified Development Ordinance (UDO) clarifying regulations pertaining to
flagpoles and flags. The following Sections of the UDO are proposed for amendments:
Section 6.12.5 Exempt Signs;
Section 6.12.12 Signs Permitted in Specific Zoning Districts;
Section 6.12.13 Sign Standards for Specific Uses; and
Article 10 Definitions
The purpose of the amendments is to clarify and establish regulations pertaining to flagpoles and
flags, specifically height limits, size limits, and the number of flags that may be displayed on a
parcel of property.
The Orange County Planning Board, at its April 4, 2018 regular meeting, voted unanimously to
recommend approval of the proposed text amendments. Agenda materials from this meeting,
including the recommended amendment language, can be viewed
at: http://cms3.revize.com/revize/orangecounty/PlanningBoardAgendaPacket.pdf.
Purpose: To review the item and receive public comment on the proposed amendments.
Substantial changes in items presented at the public hearing may be made following the receipt of
comments made at the public hearing. Accommodations for individuals with physical disabilities can
be provided if the request is made to the Planning Director at least 48 hours prior to the Public
Hearing by calling one of the phone numbers below. The full text of the public hearing items may be
obtained no later than May 11, 2018 on the County website www.orangecountync.gov at the County
Commissioners Agendas link
(http://www.orangecountync.gov/departments/board_of_county_commissioners/agendas.php#).
Information will also be available from the Orange County Planning Department (contact information
below) no later than May 4, 2018.
Questions regarding the proposals may be directed to the Orange County Planning Department
located on the second floor of the County Office Building at 131 West Margaret Lane, Suite 201,
Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday.
You may also call (919) 245-2575 or 245-2585 and you will be directed to a staff member who will
answer your questions or you may e-mail questions to planningdept@orangecountync.gov.
PUBLISH: The Herald Sun News of Orange
May 2, 2018 May 2, 2018
May 9, 2018 May 9, 2018
Attachment 5 26
Attachment 6
FLAG AND FLAGPOLE AMENDMENT FACT SHEET:
On March 20, 2018, the Orange County Board of Commissioners (BOCC) directed staff
from the County Attorney’s office and Planning Department to clarify standards
governing the erection of flagpoles and display of flags. Staff from both departments
have been working to craft amendment language, consistent with direction from the
BOCC, ensuring the establishment of content neutral regulation(s). The BOCC will hold
a public hearing on the proposed amendment and will consider the matter at its meeting
on May 15, 2018, at the Southern Human Services Facility.
The following fact sheet provides answers to basic question on this particular project.
1. What prompted this amendment?
Concerns from local residents and property owners over the lack of regulation(s)
ensuring the display of a flag does not dominate local skylines.
Staff in the County Attorney’s office and Planning Department were directed to
clarify standards governing the overall allowable height of flagpoles, their
distance from common property lines, the allowable number of flags/flagpoles
that could be erected on property, and maximum allowable flag area.
For more information on the purpose and intent of the amendment, please refer
to the minutes from the March 20, 2018, BOCC regular meeting, which can be
viewed here: server3.co.orange.nc.us:8088/WebLink8/0/doc/52122/Page1.aspx
2. Isn’t this just an attempt to ban a specific type of flag?
No. The proposed amendment establishes specific, measurable standards with
respect to the size and number of flags that can be displayed as well as height of
any erected flagpole. These standards will be easy to abide by and enforce.
The proposed regulation does not establish content standards or ban a
specific flag.
3. If adopted, where will proposed restrictions be enforced?
The standards will apply only to properties located within the County’s planning
jurisdiction. Properties located within the planning jurisdictions of the Towns of
Carrboro, Chapel Hill, Durham, Hillsborough, or Mebane are not subject to
county land-use regulations.
4. What exactly is proposed with respect to allowable size of flags and
flagpole height?
As written the amendment would establish the following standards:
27
a. Within a residential general use zoning district (including Rural Buffer,
Agricultural Residential, Rural Residential, etc.) the amendment allows for the
erection of a single flagpole and a maximum of three flags displayed, with
each flag being a maximum of 24 square feet in area (e.g. 4x6 feet) on a
residentially zoned parcel.
The proposed amendment further limits the height of a flagpole in residential
zoning districts to a maximum of twenty-four (24) feet in height or the highest
point of the principal building’s roof, whichever is lower;
b. Within all other nonresidential general use zoning districts, the amendment
allows up to three flags and three individual flagpoles. Each flag can be a
maximum of 96 square feet in area (e.g. 8x12 feet).
The amendment also proposes that flagpoles in nonresidential zoning districts
be limited to a maximum of fifty-four (54) feet in height or the highest point of
the principal building’s roof, whichever is lower;
c. In all general use zoning districts, a flagpole shall be required to observe a
50-foot setback from all property lines;
d. The proposed ordinance contains language exempting flags, no greater than
12 inches in height, displayed on individual grave sites within a cemetery.
5. Why is the allowable height of a flagpole related to the size of the building
on the property?
The height of a flagpole is related to the size of a building to ensure a flagpole is
not out of character with existing structures on the property. As a result the
overall allowable height of the flagpole is being made directly proportional to the
existing structure to ensure consistent scale.
6. What about flags that have already been erected within the County?
If the amendment package is adopted, property owners with existing flags that
exceed the allowable display size or number will have one year to bring the flags
into compliance (i.e. can only fly a flag complying with established size limits).
7. What about flagpoles?
The proposed amendment language treats flags and flagpoles separately. A
flagpole, in and off itself, is a device. It is not a ‘sign’ or a ‘flag’ but is simply a
mechanism allowing for the display of a flag.
The UDO has existing regulations governing non-conforming structures. If a
flagpole is ever damaged, destroyed, or has to be replaced for any reason, it can
only be re-erected in compliance with applicable standards.
28
8. Can a flag be mounted on a structure?
Yes. It would, however, have to abide by established size and number
limitation(s).
9. If I cannot meet established setbacks, does this mean I cannot erect a
flagpole?
Property owners who cannot meet the setback requirements would have to
obtain a variance to allow for the erection of a flagpole within required setback
areas. Variance requests are reviewed by the Orange County Board of
Adjustment and require the submittal of a variance application and submittal of a
review fee in accordance with the adopted County fee schedule.
10. Does a flag painted on a structure have to meet established size limits?
A flag painted on the side of a building would be considered a mural/art and is
not subject to current County regulations.
11. How will the County document existing flags?
If adopted, County staff will physically document all flags and flagpoles on
property within its planning jurisdiction. Staff will not have the authority to go onto
private property to document the presence of a flag or flagpole. Pictures will be
taken from public/private rights-of-way.
29
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-74
Figure 6.12.4: Sign Size Measurement
All three of these signs would have the same size sign face, as measured by the smallest rectangle
encompassing the outer limits
6.12.5 Exempt Signs
The following permitted signs are considered exempt and do not require the issuance of a Zoning
Compliance Permit:
(A) Signs erected by a governmental agency to regulate, control, or direct vehicular or
pedestrian traffic;
(B) Legal notices, warnings, regulatory or informational signs erected by a public agency;
(C) Signs required by law;
(D) “No trespassing” signs, not exceeding six square feet in area;
(E) Real estate signs, not exceeding four square feet in area;
(F) Flags, emblems or insignia of any national, state or political subdivision;
(G)(F) 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)(G) Holiday decorations in season that do not contain or display a commercial message;
(I)(H) Signs on trash receptacles, indicating the owner or party responsible for maintenance;
(J)(I) Hazardous chemical identification/notification signs on residential and non-residential
structures;
(K)(J) Signs on newspaper boxes;
(L)(K) 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)(L) 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)(M) 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.
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(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 be allowed within rights-of-way of the State highway system
only 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
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, scrolling messages or other similar electronic
displays designed to change display more than once an hour or a maximum of 8 times in
a 24 hour period;
(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;
(I) 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
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6.12.12 Signs Permitted in Specific Zoning Districts
The following signs shall be permitted in the zoning districts indicated, in accordance with all
other provisions of this Section and specific standards for each sign established herein:
(A) Flags
All flags shall comply with the following provisions, except for those in cemeteries which
are regulated by Section 6.12.13(C).
(1) In residential zoning districts (RB, AR, R1, R2, R3, R4, R5, R8, and R13) up to
three flags and one flagpole per lot shall be allowed. Each flag shall be a
maximum of twenty four (24) square feet in area. The flagpole shall be a
maximum of twenty four (24) feet in height or no higher than the highest point of
the principal building’s roof, whichever is lower1. Flagpoles shall be setback at
least fifty (50) twenty (20)2 feet from all property lines.
(2) In all other zoning districts, up to three flags and three flagpoles shall be allowed.
Each flag shall be a maximum of ninety six (96) square feet in area. Each
flagpole shall be a maximum of fifty four (54) feet in height or no higher than the
highest point of the principal building’s roof, whichever is lower. Flagpoles shall
be setback at least fifty (50)twenty (20) feet from all property lines.
(3) Flags lawfully in existence on the date this provision was first advertised, which
do not conform to the provisions of this Unified Development Ordinance, but
which were in compliance with the applicable regulations at the time they were
constructed, erected, affixed or maintained must be regarded as nonconforming.
(a) For the purpose of amortization, nonconforming flags may be continued
from the effective date of this subsection for a period not to exceed one
year.
(b) Flags which were unlawful under the prior versions, and which do not
conform to the current ordinance, must be removed immediately.
(c) Any flag or flagpole which is altered, relocated, or replaced, must be
immediately brought into compliance with all provisions of this code.
(4) Depictions of flags, when placed on structures, shall comply with the remaining
provisions of this Section.
(A)(B) On-Premise Commercial Signs
(1) These signs shall comply with all state and county building codes and the
National Electric Code. Clearance of signs is required from high voltage power
lines and signs shall be located in such a way that they will maintain horizontal
and vertical clearance of all overhead electrical conductors in accordance with
the National Electric Code specifications, provided that no sign shall be installed
closer than ten feet horizontally or vertically from any conductor or public utility
guy wire.
(2) On-premise commercial signs shall be permitted within the following zoning
districts: LC-1, NC-2, CC-3, GC-4, EC-5, O/RM, EI, I-1, I-2, I-3, AS, MPD-CZ,
MHP-CZ, ASE-CZ, REDA-CZ-1 and all of the Economic Development zoning
districts.
1 The regulation was designed to ensure there was appropriate scale with respect to the size of a flag pole and
existing residential structure on a parcel of property. To address concerns over potential conflicts in the allowable
height of a flagpole from one property to another (i.e. a single‐story house with a 14 ft. tall flagpole versus a two‐
story house with a 24 ft. flagpole) the County’s Attorney office is recommending the provision be eliminated.
2 To address concerns smaller lots, observing a minimum lot width of 50 ft., would be able to erect a flagpole staff
is recommending setbacks be reduced from 50 to 20 ft.
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(3) All on-premise commercial signs shall be setback ten feet from the front, side,
and rear property lines or the edge of any existing or projected street right-of-way
line whichever is greater. In cases where a property abuts a residential zoned
parcel of property, the side or rear yard setback requirement shall be doubled.
(4) Number of Signs Permitted
(a) One on-premise commercial sign shall be permitted per parcel.
However, one additional on-premise commercial sign may be permitted
for parcels with frontage on more than one right-of-way in accordance
with the provisions of this Section.
(b) Under no circumstances shall more than one three-dimensional sign be
permitted on-site.
(c) For multi-tenant buildings and/or sites permitted as a conditional use or
conditional zoning district, additional on-premise commercial signs or
sign area may be permitted by the Board of County Commissioners.
(5) Height of Signs
(a) Pole signs shall be limited to a height of 24 feet with a mandatory ground
clearance of eight feet from the normal or finished grade elevation of the
property at the base of the sign
(b) Ground signs shall not exceed six feet in height from the normal or
finished grade elevation of the property at the base of the sign
(6) The allowable area for on-premise commercial signs shall be determined as
follows:
(a) Single or double-faced signs shall not exceed 32 square feet in area, per
sign face. For parcels zoned CC-3, GC-4, O/RM, I-1, I-3, AS, EDB-2,
EDE-2, EDH-4, EDH-5, and MPD-CZ signage shall not exceed 72
square feet in area for parcels that:
(i) Are larger than 60,000 square feet in area, and
(ii) Have more than 300 linear frontage along a NC Department of
Transportation (NC DOT) maintained roadway.
(b) Three-dimensional signs shall not exceed a maximum volume of 54
cubic feet with no dimension exceeding six feet.
Figure 6.12.12.A.6: Three-Dimensional Sign Allowable Volume
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Article 6: Development Standards
Section 6.12: Signs
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NOTE: L x W x H may not exceed 54 cubic feet with no dimension exceeding 6 feet.
(7) An on-premise commercial sign may contain a changeable copy sign as defined
in this Ordinance. However, the total sign area, including the area of changeable
copy, shall not exceed the maximum allowable area established in Section
6.12.12(A)(6)(a) above.
(8) No on-premise commercial sign shall be oriented is such a manner as to be
directly visible from a major transportation corridor as established in this
Ordinance.
(B)(C) Off-Premise Commercial Signs
(1) These signs shall comply with all state and county building codes and the
National Electric Code. Clearance of signs is required from high voltage power
lines and signs shall be located in such a way that they will maintain horizontal
and vertical clearance of all overhead electrical conductors in accordance with
the National Electric Code specifications, provided that no sign shall be installed
closer than ten feet horizontally or vertically from any conductor or public utility
guy wire.
(2) Off-premise commercial signs (billboards) shall be permitted within the GC-4,
EC-5, I-1, and I-2 zoning districts.
(3) No electric tap outs allowing for an independent light source to receive power
shall be allowed.
(4) Off-premise commercial signs shall be considered the principal use of property.
There shall be no additional principal uses allowed on the same parcel. Off-
premise commercial signs shall not be permitted as accessory uses.
(5) No off-premise commercial sign shall be located closer than 200 feet to the right-
of-way of major thoroughfares (i.e. US 70, NC 86, NC 40, and NC 57) and 600
feet to the right-of-way for all other thoroughfares and streets.
(6) The height of an off-premise commercial sign shall not exceed 25 feet from the
grade of the right-of-way or surface grade beneath the sign, whichever is less.
The clearance of an off-premise sign shall not be less than eight feet from the
grade of the right-of-way or surface grade beneath the sign, whichever is less.
(7) Off-premise commercial signs shall be limited to 480 square feet of sign area.
(8) In no case shall an off-premise commercial sign be located closer than 1,000 feet
to an existing off-premise commercial sign.
(9) Off-premise commercial signs are prohibited within the Major Transportation
Corridor (MTC) overlay district.
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(10) No person may, for the purpose of increasing or enhancing the visibility of any
off-premises commercial sign, damage, trim, destroy, or remove any trees,
shrubs, or other vegetation in the following locations:
(a) Within the right-of-way of any public street or road, unless the work is
done pursuant to the express written authorization of the North Carolina
Department of Transportation;
(b) On property that is not under the ownership or control of the person
responsible for such work, unless the work is done pursuant to the
express authorization of the property owner where the vegetation is
located; and,
(c) In any area where such vegetation is required to remain under a permit
issued in accordance with this Ordinance.
(C)(D) Wall Signs
(1) Shall either be mounted or painted on a building.
(2) Wall signs may be internally illuminated and shall comply with all applicable state
and county building codes and the National Electric Code.
(3) Wall Signs shall be permitted within the following zoning districts: LC-1, NC-2,
CC-3, GC-4, EC-5, O/RM, EI, I-1, I-2, I-3, AS, MPD-CZ, ASE-CZ, REDA-CZ-1
and all of the Economic Development zoning districts.
(4) All wall signs shall be offset a minimum of ten feet from the corner of the building
on which it is mounted.
(5) Wall signs shall not protrude more than 12 inches from the face of building on
which it is mounted.
(6) Number of Signs Permitted
(a) Only one wall sign shall be permitted per building facade. In cases
where a building is located on a corner lot, an additional wall sign may be
permitted on the building wall facing the second street right-of-way,
subject to the requirements of this Ordinance.
(b) For multi-tenant buildings permitted as a conditional use or conditional
zoning district additional wall signs may be permitted by the Board of
County Commissioners.
(7) The allowable sign area shall be determined as follows:
One square foot of sign area for every foot of building length facing a public right-
of-way, not to exceed 32 square feet. For parcels zoned CC-3, GC-4, O/RM, I-2,
I-3, AS, EDB-2, EDE-2, EDH-4, EDH-5, and MPD-CZ signage shall not exceed
64 square feet in area for parcels that:
(a) Are larger than 60,000 square feet in area, and
(b) Contain a structure with more than 100 linear feet of building length
facing a public right-of-way, and
(c) Have more than 300 feet of linear frontage along a NC Department of
Transportation (NC DOT) maintained roadway.
(8) A changeable copy sign may be utilized as a wall sign.
(9) Wall signs shall not extend above the soffit, parapet, or eave line of the building
to which it is attached.
(D)(E) Projecting Signs
(1) Projecting signs shall be mounted on a building.
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(2) Projecting signs may be internally illuminated and shall comply with all applicable
state and county building codes and the National Electric Code.
(3) Projecting signs shall be permitted within the following zoning districts: LC-1, NC-
2, CC-3, GC-4, EC-5, O/RM, EI, I-1, I-2, I-3, AS, MPD-CZ, ASE-CZ, REDA-CZ-1
and all of the Economic Development zoning districts.
(4) Projecting signs shall adhere to the minimum setback requirements established
for all structures within the zoning district in which it is located.
(5) Only one projecting signs shall be permitted per building facade even in cases of
a building located on a corner lot.
(6) The allowable sign area shall be determined as follows:
(a) One square foot of sign area for every foot of building length, facing a
public right-of-way, not to exceed 32 square feet in area.
(7) Projecting signs shall clear sidewalks and pedestrian paths by a height of at least
ten feet above finished grade.
(8) Projecting signs shall not extend above the soffit, parapet, or eave line of the
building to which it is attached.
(9) Projecting signs shall not be located at the corner of a building except at right
angles to the building façade.
(E)(F) Window Signs
(1) Window signs shall be permitted within the following zoning districts: LC-1, NC-2,
CC-3, GC-4, EC-5, O/RM, EI, I-1, I-2, I-3, AS, MPD-CZ, ASE-CZ, REDA-CZ-1
and all of the Economic Development zoning districts.
(2) Window signs shall be limited to a maximum of 30% of the total window area
where the sign is to be located.
(3) Window signs may be utilized for advertising specials or sales within the
business, or displaying the name and other pertinent business information
associated with the principal use.
(4) Signs may be etched, painted or otherwise attached to be made a permanent
addition to the pane of glass.
(F)(G) Awning Signs
(1) Awning signs shall be permitted within the following zoning districts: LC-1, NC-2,
CC-3, GC-4, EC-5, O/RM, EI, I-1, I-2, I-3, AS, MPD-CZ, ASE-CZ, REDA-CZ-1
and all of the Economic Development zoning districts. See Section 6.12.14(E)
for additional standards for Awning Signs located in Economic Development
Districts.
(2) Awning Signs shall be located above the main entrance to a nonresidential land
use and shall contain the name of the use.
(3) Awning Sign area shall be limited to a maximum of 50% of the total awning area
erected over the entrance of a nonresidential land use. Where an awning sign is
utilized at a multi-use development, the amount of sign area shall be computed
as part of the overall sign area allotted to wall signs, not to exceed 50% of the
total awning area.
(G)(H) Drive-Through Menu Signs
(1) Applicants must establish to the satisfaction of the Planning Director that a drive-
through menu sign is considered a customary accessory use to the principal
business on the property and is necessary for the normal operations of the
commercial operation.
(2) Signs shall be limited to 32 square feet in area.
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(3) No external illumination shall be permitted.
(4) A land use that utilizes such a sign shall also be permitted an independent
speaker box, no greater than 12 square feet in area with a height no greater that
four feet.
6.12.13 Sign Standards for Specific Uses
In addition to the requirements contained herein, the following land uses shall adhere to these
additional standards:
(A) Changeable Copy Signs Utilized by Churches or Public Entities
(1) Shall not exceed 32 square feet in area.
(2) Bulletin boards/reader boards may be internally illuminated.
(B) Service Stations/Gas Station
(1) Signs may be erected above gas pumps subject to the following standards:
(a) No internal or external illumination shall be permitted;
(b) Signs shall be limited to four square feet in area; and
(c) Signs must advertise items for sale on the property. Under no
circumstances may a sign advertise a sale, activity, business, or product
not associated with the principal use of property.
(2) Signs may be erected on the canopy covering gas pumps subject to the following
standards:
(a) Advertising material shall be limited to trademarks, logos, and the name
of the service station or other similar display.
(b) Such displays shall be limited to six square feet of area.
(C) Cemeteries
(1) In addition to flags provided for in section 6.12.12(A), flags no greater than twelve
(12) inches in height may be displayed at individual grave sites within a
cemetery.
(C)(D) Yard Sales/Garage
(1) Signs shall be erected on the property where the sale is taking place.
(2) Signs shall be limited to four square feet of area.
(3) No off-site displays shall be permitted.
(4) Signs shall be removed no later than sunset of the day the event occurs.
(D)(E) Institutional Uses and Private Parks Located within Residential Zoning Districts
(1) One ground and one wall sign shall be permitted;
(2) Maximum sign area shall be 32 square feet per sign face; and
(3) No ground sign shall exceed six feet in height.
(E)(F) Home Occupations
(1) The Home Occupation shall have a valid Zoning Compliance Permit issued by
Orange County;
(2) There shall only be one sign limited to eight square feet in area and four feet in
height;
(3) Such sign shall not be illuminated by any means;
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(4) Sign shall not be located within any public street right-of-way, sight visibility
triangle, easement, vehicular area or other similar area; and
(5) The sign message shall be limited to the business name and telephone number.
(F)(G) Parks, Public and Non-profit; Recreational Facilities, Non-Profit; Recreational
Facilities, Golf Courses; and Recreational Facilities, Profit
(1) Purpose and Intent
(a) Unlike signs for non-residential development(s), signs for recreational
land uses are intended to serve a different function and purpose. Signs
within these types of land uses are intended to provide essential
information concerning:
(i) Rules and regulations governing the operation of the facility;
(ii) Educational information identifying unique aspects of the facility,
the property itself, or significant environmental features that are
located on the property; and
(iii) Identification of sponsors or public/private partnerships that are
responsible for the development, upkeep, and maintenance of
existing recreational amenities.
(b) While some of this information could be construed as being advertising
material, the County views such signs as identifying those responsible
for the existence of the facility and allows for recognition of entities that
have entered into partnerships with the operator of the facility to provide
local residents with recreational opportunities.
(2) Applicability
The regulations included herein govern the erection of signs at the following:
(a) Parks, Public and Non-profit,
(b) Recreational Facilities, Non-Profit,
(c) Recreational Facilities, Golf Courses, and
(d) Recreational Facilities, Profit within the County.
(3) Permitted Signs
(a) Freestanding identification signs announcing the name of the facility/land
use are subject to the following standards:
(i) There shall be only one freestanding identification sign per
property,
(ii) Freestanding identification signs shall be limited to 20 square
feet of sign area. In Economic Development Districts, a
maximum sign area of 32 square feet shall be permitted,
(iii) The sign may be either a ground or pole sign,
(iv) Freestanding identification signs shall be set back a minimum of
ten feet from all property lines, and
(v) Illumination of freestanding identification signs shall be permitted
in accordance with the provisions of this Ordinance,
(b) Wall Signs
(i) Shall either be mounted or painted on a building.
(ii) All wall signs shall be offset a minimum of five feet from the
corner of the building face on which it is mounted.
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Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-43
Sign, Banner
A sign, other than a flag, intended to be hung
either with or without frames, possessing
characters, letters, illustrations, or ornamentations
applied to paper, plastic, or fabric of any kind.
National flags, flags of political subdivisions, and
symbolic flags of any institution or business shall
not be considered banners for the purposes of this
Ordinance. Banner signs are regulated under the
Special Event Display section of Section 6.12.
Following is an example of a banner sign:
Sign, Changeable Copy
A sign that is designed so that characters, letters, or
illustrations can be changed or rearranged without
altering the face or the surface of the sign. This shall
also include the changing of copies of billboards.
Changeable copy signs, for the purposes of this
Ordinance, shall mean signs on which the copy is
changed manually. Also referred to as a reader
board sign.
Example of Changeable Copy Sign:
Sign, Construction
A sign that gives the name or names of principal contractors, architects,
and lending institutions responsible for construction on the site where
the sign is placed.
39