Orange County NC Website
residential project on a larger parcel of property. <br />The amendment was previously also attempting to revise existing regulations to <br />address a US Supreme Court decision. After reviewing the issue with the County <br />Attorney’s office, work these revisions will be delayed to afford additional review time. <br /> <br />2. Analysis <br />As required under Section 2.8.5 of the UDO, the Planning Director is required to: <br />‘cause an analysis to be made of the application and, based upon that analysis, <br />prepare a recommendation for consideration by the Planning Board and the Board of <br />County Commissioners’. <br />There has been an increase in inquires and interest with respect to development of <br />large-scale commercial operations within the County. <br />Current sign regulations limit the total allowable square footage for freestanding and <br />wall signs for most non-residential general use zoning districts to 32 square feet (8 <br />feet by 4 feet in size) regardless of the property’s location, size of parcel, or amount <br />of road frontage. The ‘one-size fits all’ sign limit may, in fact, be a deterrent to non- <br />residential development. <br />There is also a noticeable lack of clarity within the UDO addressing what constitutes <br />a blinking/flashing sign, or digital signage with scrolling messages, leading to <br />enforcement concerns. <br />The amendments are necessary to address current concerns over advertising needs for <br />non-residential development on larger parcels within the County and clarify the prohibition <br />on the use of blinking/flashing signage by incorporating new definitions into the UDO. <br />As the Board is aware from past discussion, recent court decisions impact the <br />County’s sign regulations. In the Reid versus Town of Gilbert US Supreme Court <br />case, the court found sign regulations cannot be seen as allowing/disallowing a sign <br />based on its content. For more information on the case and its potential impacts <br />please refer to the following: http://canons.sog.unc.edu/?p=8167. <br />While work had commenced on amendments designed to address the impacts of Gilbert, <br />the Attorney’s office has recommended additional time be allotted to the review and <br />processing same. Staff will be bringing forward a new Amendment Outline Form in the <br />near future outlining the timeline for completion and review of these revisions but is <br />proceeding with an amendment package to address the concern(s) detailed herein. <br /> <br />3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) <br />Land Use Goal 4: Land development regulations, guidelines, techniques, and/or <br />incentives that promote the integrated achievement of all Comprehensive Plan goals. <br /> <br /> <br />4. New Statutes and Rules <br />Proposed amendments are designed to offer clarity on existing regulations and <br />expand advertising opportunities for large parcels of property. Future amendments <br />will be necessary to address the impacts of the Reed versus Town of Gilbert US <br />Supreme Court case. <br /> 91