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Minutes - 20090910
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Minutes - 20090910
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BOCC
Date
9/10/2009
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Budget Sessions
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Minutes
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Agenda - 09-10-2009
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Agenda - 09-10-2009 - 1
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Craig Benedict said that this has been going on since 2002. When he came to Orange <br /> County in 1999, the Planning Department was asked to do an inventory of all billboards along 1- <br /> 85/1-40 in Orange County. He said that when Carolina Advertising was leasing billboards from <br /> Mr. Lloyd, the signs were unlit. It was determined that since the signs were unlit, that letting <br /> them be lit would be an expansion of a non-conforming use. He said that in cases where DOT <br /> has rules, they probably preempt local zoning, but where DOT rules are silent, then Orange <br /> County zoning may take effect. DOT is silent on the issue of signs not being lit for more than <br /> 180 days, but it is in Orange County's rules. <br /> Commissioner Yuhasz asked that if the County Commissioners went with Option 2 —to <br /> bring Orange County's regulations into compliance with the DOT regulations — and if this would <br /> allow any new billboards and Craig Benedict said no. <br /> Commissioner Hemminger asked for an explanation of why the signs cannot be lit and <br /> Craig Benedict said that the County has an outdoor lighting ordinance and new permitted lights <br /> in the major transportation corridor cannot have lit signs. <br /> Commissioner Gordon asked for an explanation of the chart (Matrix of highway <br /> billboards). Craig Benedict said that, of the 31 signs, Orange County and DOT were consistent <br /> on 27 of those. On four of the sites, there is a dispute about whether DOT thought that the <br /> signs could be relit and whether Orange County thought that they were unlit for more than 180 <br /> days. Mr. Lloyd's signs are #'s 15 and 16. <br /> Commissioner Jacobs said that it is important not to single out Mr. Lloyd. He said that it <br /> seems like this is not in the context of why the County did what it did originally with billboards. <br /> He made reference to a handout from Durham City in reference to billboards and said that this <br /> was a 40-page document and everything after page 8 is about digital signs. He made reference <br /> to page 4 about billboards in Durham. He would like to see Orange County's ordinance and <br /> have a better understanding of why Orange County did what it did before making a change. He <br /> hopes that the owners of the four signs agree to conform to the County's standards, regardless <br /> of DOT's standards. He would like to be fair to Mr. Lloyd, but he would also like to be cautious <br /> in making a decision. <br /> Commissioner Yuhasz said that caution is in order but he does not think this is about <br /> whether Orange County lighting standards should apply to billboards. He said that the real <br /> question is whether or not any Orange County standards can apply to existing billboards that <br /> come under DOT's purview as a result of the State of North Carolina's agreement with the <br /> federal government. He said that the argument is that Orange County regulations are <br /> preempted. He said that the County should acknowledge that it will comply with the state and <br /> federal regulations. He said that it will have no affect on the current billboards and the number <br /> in the County. He said that this is only looking at four billboards. <br /> A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger <br /> to direct Planning staff to prepare an amendment to the applicable portion of the County's <br /> zoning ordinance to eliminate certain types of regulation of lighting of billboards where the <br /> regulation is in conflict with State or Federal Law. This would not exempt all billboards from <br /> regulation, nor would it open the door for more billboards to be erected. It would, however, bring <br /> Orange County's ordinance into compliance with existing State and/or Federal Law. <br /> Commissioner Jacobs said that he would still like more information and he thinks that it <br /> is reasonable to request that if someone is going to light a billboard and the County does have a <br /> legal standing to oppose it, that the County can at least try and negotiate that the applicant <br /> conform to Orange County's lighting standards. He said that DOT's standards are not as <br /> progressive as Orange County's standards. He does not want to apologize for being more <br /> progressive. He thinks that the Board needs to understand how the County got here, regardless <br /> of this situation. <br />
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