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ORANGE COUNTY <br />BOARD OF COUNTY COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: February 16, 2010 <br />Action Agenda <br />Item No. 5- b <br />SUBJECT Zoning Ordinance Text Amendment -Article Nine (9) Signs -Outdoor Advertising <br />DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes <br />ATTACHMENT(S): <br />INFORMATION CONTACT: <br />1. Copy of Legal Ad <br />2. Proposed Ordinance Amendment <br />3. Minutes from November 23, 2009 <br />Quarterly Public Hearing <br />4. Minutes from December 2, 2009 <br />Planning Board meeting <br />Michael D. Harvey, Planner III 245-2607 <br />Craig Benedict, Director 245-2592 <br />PURPOSE: To receive the Planning Board recommendation on a staff initiated zoning text <br />amendment to Article Nine (9) Signs of the Orange County Zoning Ordinance relating to the <br />regulation of outdoor advertising (i.e. billboards) and to make a decision on the proposed text <br />amendment. <br />BACKGROUND: This item was presented at the November 23, 2009 Quarterly Public Hearing. <br />During the meeting, staff informed the Board that recent court decisions have severely curtailed a <br />local government's ability to regulate permitting aspects of billboards, leaving the majority of the <br />regulatory authority to the State and Federal government. <br />The County Attorney and Planning Director had previously recommended that the County needed to <br />include a provision within the existing sign regulations outlining limitations in regulating outdoor <br />advertising structures (i.e. billboards) to avoid future conflict with Federal/State authority. <br />During the public hearing staff was asked to investigate the following related sign issues: <br />1. Can these existing billboards be converted into digital billboards: <br />STAFF COMMENT: Staff has been in contact with Mr. Chuck Edwards of North Carolina <br />Department of Transportation (NCDOT) who has informed staff that the existing <br />billboards along the I-40/85 corridor cannot be converted into digital billboards as it <br />would be inconsistent with NCDOT's current regulations. Staff has requested that this <br />information be put into writing and is still awaiting a response. <br />2. Amending the zoning regulations to ban digital billboards outright and encouraging the <br />use of solar powered light fixtures for all billboards throughout the County. <br />STAFF COMMENT: Staff has participated in seminars dealing with the legality of <br />'banning' digital billboards outright. The simple answer is that there is potential to include <br />