Agenda - 03-20-2018 6-c - UDO Text Amendments on Regulating Flagpoles and Flags

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ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 20, 2018 Action Agenda Item No. 6-c SUBJECT: UDO Text Amendments on Regulating Flagpoles and Flags DEPARTMENT: County Attorney ATT ACHMENT(S): INFORMATION CONTACT: UDO Amendment Outline Form 2018-07 – Adoption of Regulations Associated with Flags John Roberts, 919-245-2318 PURPOSE: To consider and approve process components and schedule for proposed amendments to the Orange County Unified Development Ordinance (UDO). BACKGROUND: Orange County residents have expressed concern that a text amendment to the UDO, specifically adopting regulations governing the height, location, and number of flagpoles as well as the allowable size of flags may be needed for Orange County. While Orange County elected officials and staff understand this concern it is important to remember that the right to Free Expression is a fundamental right of every person and the Board of County Commissioners has a long history of supporting and defending this right. The display of flags is a traditional means of Free Expression and the staff and elected officials of Orange County should approach the regulation of this method of expression with care and circumspection. Both the North Carolina and United States Constitutions protect Free Expression. Freedom of Expression is a right of every person and as such it may not be prohibited. There is, however, a substantial amount of case law that provides for the reasonable regulation of constitutionally protected rights such as Freedom of Expression. The UDO has existing content-neutral provisions that regulate flags as banners and signs, however, in the past there have been no complaints involving flags that have created an enforcement situation in Orange County. In order to clarify for the public that flags and flagpoles are reasonably regulated in Orange County, it may be necessary to amend the UDO in a content neutral manner to expressly set out regulations that apply to flags and flagpoles while continuing to enforce the existing UDO language as it may apply to flags and flagpoles. In consideration of this, the Planning Director has initiated a text amendment to the UDO, specifically to adopt regulations governing the height, location, and number of flagpoles as well as the allowable size of flags. For more information please refer to Attachment 1. FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding for the provision of County services. Costs for the required legal advertisement for the text amendment will be paid from FY2017-18 Planning Department funds budgeted for this purpose. 1