Agenda 6-c - UDO Text Amendments on Regulating Flagpoles and Flags

Browse Search

Form Revised 09-29-16 number, and location of flagpoles as well as the size of flags. The purpose of the amendment is to ensure uniformity with respect to the display of flags and the allowable height of flag poles within Orange County. 2. Analysis As required under Section 2.8.5 of the UDO, the Planning Director is required to: ‘cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration by the Planning Board and the Board of County Commissioners’. There are currently no regulatory standards governing the height of a flagpole or size of flags flown/displayed within the county. Concerns have been expressed over the lack of regulation(s) ensuring the display of a flag does not dominate local skylines. Staff has been directed to establish regulations governing the overall allowable height of a flagpole as well as standards governing allowable flag area. The proposed regulation does not attempt to establish content standards. Such regulations are inconsistent with numerous court proceedings including the US Supreme Court Case Reed versus Town of Gilbert. For more information on the case and its potential impacts please refer to the following: http://canons.sog.unc.edu/?p=8167. The proposed regulation is to ensure uniformity with respect to the size and number of flags that can be displayed on property as well as a measurable standard on the height of any erected flagpole. 3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) Land Use Goal 6: A land use planning process that is transparent, fair, open, efficient, and responsive. 4. New Statutes and Rules Not applicable C. PROCESS a. TIMEFRAME/MILESTONES/DEADLINES a. BOCC Authorization to Proceed March 20, 2018 b. Public Hearing May 1 or May 15, 2018 4