Orange County NC Website
aZ 0 ~~' ~ a 3 Attachment 2 <br />AN ORDINANCE AMENDING <br />THE ORANGE COUNTY ZONING ORDINANCE <br />WHEREAS, there has been heightened scrutiny over existing regulations <br />relating to the review, processing, and approval of outdoor advertising signs (i.e. <br />billboards) within the County, and <br />WHEREAS, staff has been advised by the County Attorney's office that <br />recent court cases have found that State and Federal regulation(s) preempt local <br />zoning authority in cases were there are inconsistencies relating to the review, <br />processing, and approval of outdoor advertising signs, and <br />WHEREAS, staff has been advised that an amendment is necessary to <br />affirm that in those cases where there are conflicting regulatory standards that <br />State and Federal regulations preempt local restrictions, and <br />WHEREAS, this amendment is necessary to ensure proper enforcement <br />of regulatory standards as they relate to outdoor advertising signs. <br />BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ORANGE <br />COUNTY, NORTH CAROLINA, hereby amends the Orange County Zoning <br />Ordinance by adding (indicated by double underlined language) and deleting <br />(indicated by stricken through language) as follows: <br />action 9 8 Reaulatiott of (}~.t.~r.~, vertisina (~i1.I.b~r <br />The_~?rovisions _af this Article establish_^standards and re_v_iew__criteria <br />relatina to_the {acatian,~rec ian__m_.~n enan_ce~lig_hti_ na._setbacks~and use <br />of signs This includes regal i n pertaining to-o~oor advertising (i e <br />Billboardsl. <br />The r egulation and permitting of out door advertising i s also subiect to <br />variou s State mast notably the State O utdoor Advertisin g Control Act. and <br />Feder al reauirements In cases where there is a conflic t between County <br />re~ula tion(~ and State%f=ederal reau lation(sl relatina to the location <br />recti an maintenance lighting setba cks and use of o utdoor advertising <br />siana ae the corresoondina State(Fede ral law shall take precedent. <br />5 <br />In~a~ses where them is no ap~li~b. I~.~tat Federal s an ord. then <br />~xistina Co+~nty reaulation,s shall be enforced. <br />