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

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Lloyd, through counsel, attempted to intervene in the case as a substitute party. This attempt failed because the case had been dismissed four months earlier. In March of 2008 Mr. Lloyd again submitted an application to the Planning- Department for a permit to illuminate one or both of the billboards. Craig Benedict informed Mr. Lloyd that this application also was denied. Since the second denial there has been extensive correspondence between Ben Lloyd and NCDOT, Geof Gledhill and the planning department, both Geof Gledhill and the planning department and NCDOT, etc. As a result of this extensive correspondence it has become apparent that NCDOT supports Mr. Lloyd's right to illuminate the billboards, while the Planning Department, upon the advice of Geof Gledhill, maintains that it has the right to deny Mr. Lloyd's application to illuminate the billboards based upon both the Orange County Zoning Ordinance and the Board of Adjustment decision. Available options recommended by the County Attorney: 1) Refuse any compromise and hold the matter adjudicated. Because this case has been fully adjudicated and previously dismissed choosing this option is legally defensible. This will probably result in litigation. If this option is exercised the County could, during the ongoing .litigation, request local legislation delegating authority to Orange County to fully regulate billboards and the lighting thereof. This would be a lengthy process, possibly resulting in the full litigation of the case prior to obtaining any such local legislation. This type of local legislation also would likely be vigorously opposed by corporate sign companies because it could be seen as opening the door to other local governments obtaining the same type of local bills. Litigation could be costly with damages for Mr. Lloyd's lost rental income and attorneys fees being billed to the County. 2) Amend the applicable portion of the County's zoning ordinance to eliminate certain types of regulation of billboards where the regulation is in conflict with State or Federal Law. This would not exempt all billboards from regulation, nor would it open the door for more billboards to be erected. It would, however, bring Orange County's ordinance into compliance with existing State andlor Federal Law. FINANCIAL IMPACT: An extensive amount of Planning and Attorney staff time and expense has been expended on this issue. RECOMMENDATION(S): The Interim Manager recommends that the Board review the recommendations above offered by the County Attorney and establish direction for County staff to pursue.