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ORANGE COUNTY <br />PLANNING BOARD <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date:April 4, 2018 <br />Action Agenda <br />Item No.7 <br />SUBJECT:UDO Text AmendmentsRegulating Flagpoles and Flags <br />DEPARTMENT:Planning and Inspections/ County Attorney <br />ATTACHMENT(S):INFORMATION CONTACT: <br />1.UDO Amendment Outline Form 2018- <br />07 – Adoption of Regulations <br />Associated with Flags. <br />2.Statement of Consistency. <br />3.Proposed UDO Text Amendment. <br />Craig Benedict, Director, (919) 245-2575 <br />John Roberts, County Attorney (919) 245-2318 <br />PURPOSE:To review and make a recommendation on a Planning Director/County’s Attorney <br />OfficeinitiatedUnified Development Ordinance (UDO)text amendment clarifying regulations <br />associated with flags and flagpoles. <br />BACKGROUND:Concerns have been expressed over the lack of clear and comprehensive <br />regulation(s) ensuring the display of a flag does not dominate local skylines. Staff has been <br />directed to clarify existing regulations ensuring the overall allowable height of a flagpole as well <br />as standards governing allowable flag area are properly articulated. <br />The County’s Attorney office has provided staff with recommended language. <br />The proposed amendment(s) are designed to specify the height, location, and number of <br />flagpoles, as well as the allowable size of flags, that can be displayed on a given parcel of <br />property. <br />Please note the proposed regulation does not attempt to establish content standards. Such <br />regulations are inconsistent with numerous court proceedings includingthe US Supreme Court <br />Case Reed versus Town of Gilbert. The County cannot regulate the content of a flag.It can, <br />however, establish content neutral regulations designed to address size, height, and locationat <br />which a flag is displayed. <br />For more information please refer to Attachment(s) 1, 2 and 3. <br />FINANCIAL IMPACT:Consideration and approval will not create the need for additional funding <br />for the provision of County services. Costs for the required legal advertisement for the text <br />amendment will be paid from FY2017-18Departmental funds budgeted for this purpose. <br />Existing Planning staff included in the Departmental staffing budget will accomplish the work <br />required to process theseamendments. <br /> 10