Agenda - 09-10-2009 - 1 - Laserfiche WebLink

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ORANGE COUNTY BOARD OF COMMISSIONERS WORK SESSION ITEM ABSTRACT Meeting Date: September 10, 2009 Action Agenda Item No. ,1 SUBJECT: Gounty Regulation of Billboard Lighting DEPARTMENI~: County Attorney/Planning PUBLIC HEARING: (YIN) No ATTACHMENT(S): INFORMATION CONTACT: John Roberts 245-2318 Carolina Advertising Air Photo Vicinity Map Craig Benedict 245-2592 Recent Photos (2) Matrix of Highway Billboards PURPOSE: To present the Board with information regarding the current regulation of billboard lighting. BACKGROUND: Ben. Lloyd owns large parcels of land along the beginning of the I-8511-40 corridor in Orange County. Situated on a portion of these parcels are two outdoor advertising signs ("billboards"). Mr. Lloyd leased the billboards in question in this case to Carolina Advertising, Incorporated. The billboards were in existence and, according to the North Carolina Department of Transportation ("NCDOT"), illuminated prior to 1972. NCDOT records do not go back to 1972 in complete detail, but they do reflect that the billboards have been illuminated continuously from 1999 to 2009. Orange County records indicate that the billboards were not illuminated in 2002 and for some time period prior to 2002. Under the Orange County Zoning Ordinance the billboards are a nonconforming use and as a nonconforming use when some aspect of the use is discontinued it may not be restarted at a later time. At some point in 2002 Carolina Advertising, Inc. applied for a permit to illuminate the billboards. This application was denied. After the permit was denied Carolina Advertising, Inc. appealed the denial to the Orange County Board of Adjustment. After hearing the case the Board of Adjustment upheld the planning officer's denial of the permit. Carolina Advertising, Inc. appealed the decision to Orange County Superior Court. Prior to hearing before the superior court Carolina Advertising, Inc. took a voluntary dismissal of the case in June 2006. Although unverified, it is believed the reason for this is Mr. Floyd terminated Carolina Advertising, Inc.'s lease for failure to make their lease payments. Regardless, the appeal was not re-filed within the one year period required to keep the appeal alive. Prior to the dismissal petitioner's attorney in an ex-pane (outside the presence of opposing counsel) communication with the superior court judge obtained a restraining order against the County to prohibit the County from ordering that the power be disconnected from the billboards. This order became void upon the dismissal of the case. In October 2006 Mr.