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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />WORK SESSION ITEM ABSTRACT <br />Meeting Date: September 10, 2009 <br />Action Agenda <br />Item No. I— <br />SUBJECT: County Regulation of Billboard Lighting <br />DEPARTMENT: County Attorney /Planning PUBLIC HEARING: (YIN) No <br />ATTACHMENT(S): INFORMATION CONTACT: <br />John Roberts 245 -2318 <br />Carolina Advertising Air Photo Vicinity Map Craig Benedict 245 -2592 <br />Recent Photos (2) <br />Matrix of Highway Billboards <br />PURPOSE: To present the Board with information regarding the current regulation of billboard <br />lighting. <br />BACKGROUND: Ben. Lloyd owns large parcels of land along the beginning of the 1- 85/1 -40 <br />corridor in Orange County. Situated on a portion of these parcels are two outdoor advertising <br />signs ( "billboards "). Mr. Lloyd leased the billboards in question in this case to Carolina <br />Advertising, Incorporated. The billboards were in existence and, according to the North <br />Carolina Department of Transportation ( "NCDOT "), illuminated prior to 1972. NCDOT, records <br />do not go back to 1972 in complete detail, but they do reflect that the billboards have been <br />illuminated continuously from 1999 to 2009. Orange County. records indicate that the billboards <br />were not illuminated in 2002 and for some time period prior to 2002. Under the Orange County <br />Zoning Ordinance the billboards are a nonconforming use and as a nonconforming use when <br />some aspect of the use is discontinued it may not be restarted at a later time. At some point in <br />2002 Carolina Advertising, Inc. applied for a permit to illuminate the billboards. This application <br />was denied. <br />After the permit was denied Carolina Advertising, Inc. appealed the denial to the Orange County <br />Board of Adjustment. After hearing the case the Board of Adjustment upheld the planning <br />officer's denial of the permit. Carolina Advertising, Inc. appealed the decision to Orange County <br />Superior Court. Prior to hearing before the superior court Carolina Advertising, Inc. took a <br />voluntary dismissal of the case in June 2006. Although unverified, it is believed the reason for <br />this is Mr. Lloyd terminated Carolina Advertising, Inc.'s lease for failure to make their lease <br />payments. Regardless, the appeal was not re -filed within the one year period required to keep <br />the appeal alive. Prior to the dismissal petitioner's attorney in an ex -parte (outside the presence <br />of opposing counsel) communication with the superior court judge obtained a restraining order <br />against the County to prohibit the County-from ordering that the power be disconnected from <br />the billboards. This order became void upon the dismissal of the case. In October 2006 Mr. <br />7 <br />