Agenda - 11-23-2009 - C2 - Laserfiche WebLink

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14 Craig Benedict said that this has been going on since 2002. When he came to Orange County in 1999, the Planning Department was asked to do an inventory of all billboards along 1- 85/1-40 in Orange County. He said that when Carolina Advertising was leasing billboards from Mr. Lloyd, the signs were unlit. It was determined that since the signs were unlit, that letting them be lit would be an expansion of a non - conforming use. He said that in cases where DOT has rules, they probably preempt local zoning, but where DOT rules are silent, then Orange County zoning may take effect. DOT is silent on the issue of signs not being lit for more than 180 days, but it is in Orange County's rules. Commissioner Yuhasz asked that if the County Commissioners went with Option 2 — to bring Orange County's regulations into compliance with the DOT regulations — and if this would allow any new billboards and Craig Benedict said no. Commissioner Hemminger asked for an explanation of why the signs cannot be lit and Craig Benedict said that the County has an outdoor lighting ordinance and new permitted lights in the major transportation corridor cannot have lit signs. Commissioner Gordon asked for an explanation of the chart (Matrix of highway billboards). Craig Benedict said that, of the 31 signs, Orange County and DOT were consistent on 27 of those. On four of the sites, there is a dispute about whether DOT thought that the signs could be relit and whether Orange County thought that they were unlit for more than 180 days. Mr. Lloyd's signs are #'s 15 and 16. Commissioner Jacobs said that it is important not to single out Mr. Lloyd. He said that it seems like this is not in the context of why the County did what it did originally with billboards. He made reference to a handout from Durham City in reference to billboards and said that this was a 40 -page document and everything after page 8 is about digital signs. He made reference to page 4 about billboards in Durham. He would like to see Orange County's ordinance and have a better understanding of why Orange County did what it did before making a change. He hopes that the owners of the four signs agree to conform to the County's standards, regardless of DOT's standards. He would like to be fair to Mr. Lloyd, but he would also like to be cautious in making a decision. Commissioner Yuhasz said that caution is in order but he does not think this is about whether Orange County lighting standards should apply to billboards. He said that the real question is whether or not any Orange County standards can apply to existing billboards that come under DOT's purview as a result of the State of North Carolina's agreement with the federal government. He said that the argument is that Orange County regulations are preempted. He said that the County should acknowledge that it will comply with the state and federal regulations. He said that it will have no affect on the current billboards and the number in the County. He said that this is only looking at four billboards. A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger to direct Planning staff to prepare an amendment to the applicable portion of the County's zoning ordinance to eliminate certain types of regulation of lighting 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 and /or Federal Law. Commissioner Jacobs said that he would still like more information and he thinks that it is reasonable to request that if someone is going to light a billboard and the County does have a legal standing to oppose it, that the County can at least try and negotiate that the applicant conform to Orange County's lighting standards. He said that DOT's standards are not as progressive as Orange County's standards. He does not want to apologize for being more progressive. He thinks that the Board needs to understand how the County got here, regardless of this situation.