Orange County NC Website
APPROVED 5/4/16 <br />4 <br />the content of the wording. Our ordinance, with two or three notable exceptions, treated signage the same. It was 160 <br />universally the same. And again, there are two or three exceptions to that where what I just said is incorrect, and 161 <br />that’s precipitated all of these changes. But, the further problem is as James and I have gotten into it is you’re 162 <br />establishing a standard based on the content. For example, if we said you’re allowed 8 square foot of signage on a 163 <br />residential building if it has to convey hazardous material being store on site. 164 <br /> 165 <br />Tony Blake: That’s a bad example because that’s public safety. 166 <br /> 167 <br />Michael Harvey: Unfortunately, that’s not necessarily true. If you’re saying you can have this sign because it’s 168 <br />conveying this message, that’s illegal. If you say you can have hazard identification signs that’s perfectly legitimate. 169 <br /> 170 <br />James Lea: So this ordinance now will be based on content. 171 <br /> 172 <br />Michael Harvey: It’s content neutral. Each district is going to be treated the same. Each land use in certain districts 173 <br />are going to be treated the same. 174 <br /> 175 <br />Tony Blake: What’s your reason for treating the rural buffer different than our 1 or our 2? 176 <br /> 177 <br />Michael Harvey: Bluntly, it’s the rural buffer. It is by definition, by law, a less intensive district than our R1 and AR 178 <br />zoning districts. And as a result, it has less allowable signage. 179 <br /> 180 <br />Lisa Stuckey: Try to expect more non-commercial 181 <br /> 182 <br />Michael Harvey: Correct… More single-family residential development versus any other allowed activity, yes… The 183 <br />reason for the difference is because the inherent nature of the district is different than the other. 184 <br /> 185 <br />Lisa Stuckey: So that means that a sign for a temporary event is going to have the same status as a sign for a 186 <br />permanent situation. You’re not able to make the distinction? 187 <br /> 188 <br />Michael Harvey: We can establish regulations for temporary signage, for temporary events. And there are still 189 <br />standards that exist in here for that. But for example, what we have in here for the residential district is no sign on a 190 <br />residential land use can be bigger than 12 square feet. We can’t even regulate political signs anymore. 191 <br /> 192 <br />Tony Blake: So the difference would be you could have your standard real estate sign out front and Sunday you’re 193 <br />having an open house, you could put in a bigger open house sign and then that would have to come down? 194 <br /> 195 <br />Michael Harvey: Yes, because it’s a temporary component. 196 <br /> 197 <br />Michael Harvey continued presentation. 198 <br /> 199 <br />Maxecine Mitchell: So if I put a sign up and it said, “I hate all white people” you can’t come and tell me that I have to 200 <br />take it down based on the content? 201 <br /> 202 <br />Michael Harvey: Correct. From a zoning stand point… Just because there’s a zoning component that says we don’t 203 <br />regulate the content doesn’t mean that the sheriff’s department or law enforcement entities don’t have the authority to 204 <br />say that you’re sign violates x,y, or z. This doesn’t eliminate or stop the enforcement of other applicable regulation. It 205 <br />just says that the county, I, can’t drive down your road and say, “I don’t like that sign, it has to come up” based solely 206 <br />on the message it conveys. 207 <br /> 208 <br />Maxecine Mitchell: One more question, Michael. I think we were talking about these topless bars and stuff, does that 209 <br />mean they’ll be able to put up…? 210 <br /> 211 <br />Michael Harvey: This was actually a 6 week argument. I took the position, and after James and I looked at court 212 <br />cases and we both agreed, that we could still say you cannot have a sign that contains lewd or lascivious letters, 213