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

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2 REASON FOR ZONING TEXT AMENDMENT: During the September 10, 2009 work session, the County Attorney had indicated that recent court decisions had severely limited the ability of local governments to regulate outdoor advertising signage. In situations where there was a conflicting state and local standard, the state standard preempted local regulation. In the absence of a definable state standard, however, local regulations would apply. With this in mind, the Planning Director directed staff to prepare this amendment for presentation at the November 23, 2009 Quarterly Public Hearing in an effort to bring existing regulatory standards in line with established limitations as they relate to outdoor advertising structures and to provide further detail as to when local regulations are enforceable. Staff is proposing to amend the existing sign regulations by adding a new section to read as follows: The provisions of this Article establish standards and review criteria relating to the location, erection, maintenance, lighting, setbacks, and use of signs. This includes regulations pertaining to outdoor advertising (i.e. Billboards). The regulation and permitting of outdoor advertising is also subject to various State, most notably the State Outdoor Advertising Control Act, and Federal requirements. In cases where there is a conflict between County regulation(s) and State /Federal regulation(s), relating to the location, erection, maintenance, lighting, setbacks and use of outdoor advertising signage, the corresponding State /Federal law shall take precedent. In cases where there is no applicable State/Federal standard, then existing County regulations shall be enforced. The rationale for this amendment is to avoid future conflict with any applicable state or Federal regulations and to ensure that the directive of the BOCC was carried out in an expedient manner. The proposed wording should address the concerns of the County Attorney's office while maintaining local authority to regulate outdoor advertising structures in instances were no state or Federal standard exists thereby limited the extent of this provision. It should further be noted that this revision was prompted by the apparent conflict between the 'grandfathering' provision(s) of NC DOT regulations pertaining to the re- establishment of billboard lighting and the County's policies, as detailed within Article Eleven (11) of the Zoning Ordinance, relating to the 'cessation of use' provisions relating to the continued use and illumination of non- conforming signs. ZONING OFFICER ANALYSIS: As required under Section 20.3.3 of the Orange County Zoning Ordinance, the Zoning Officer 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'. In analyzing this request, the Zoning Officer offers the following information: 1. Staff was authorized to initiate a zoning text amendment by the BOCC to address the aforementioned conflict(s) relating to the regulation of outdoor advertising at the September 10, 2009 BOCC work session. 2. The request for a zoning text amendment has been deemed complete in accordance with the requirements of Article Twenty (20) of the Zoning Ordinance.