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DRAFT 51 Planning staff, consistent with established protocols, sought approval of an Amendment Outline Form (AOF) by the 52 Board of County Commissioners establishing the parameters of such an amendment as well as anticipated 53 timeline(s) for review and action. At its March 20, 2018 regular meeting the Board approved the Form scheduling a 54 public hearing to review the amendment at its May 1, 2018 regular meeting.55 56 The County's Attorney office provided language deemed to meet legal sufficiency requirements, which is contained 57 within Attachment 2 of your package.58 59 Theproposed regulation(s) are necessary to ensure uniformity with respect to the size and number of flags that can 60 be displayed on property as well as clarify the measurable standard that will be employed relating to the allowable 61 height any erected flagpole. 62 63 The proposed language, however, is content-neutral. The U.S. Supreme Court has previously held local 64 governments may impose reasonable restrictions on the time, place, and manner of what is viewed as protected 65 speech, provided the restrictions are narrowly tailored to serve a significant government interest, are without 66 reference to content, and leave open sufficient alternate means of communicating the message.67 The proposed language solely focuses on these categories and does not contemplate what message may or may not 68 be communicated on any erected flag.69 70 As written, the amendment would clarify existing regulations to ensure adherence to the following specific standards:71 72 1. Within a residential general use zoning district (including Rural Buffer, Agricultural Residential, and Rural 73 Residential) the amendment allows for the erection of a single flagpole with a maximum height limit of 24ft. A 74 maximum of 3 flags could be displayed, with each flag being a maximum of 24 sq.ft. in area (or 4ft. by 6ft. in size) on 75 a residentially zoned parcel;76 77 2. Within all other general use zoning districts, the amendment allows up to 3 flags and 3 individual flagpoles. Each 78 flag can be a maximum of 96 sq.ft. in area (or 8ft. by 12ft. in size). Flagpoles shall be a maximum of 54 ft. in height; 79 80 3. In all general use zoning districts a flagpole shall be required to observe a 50 ft. setback from all property lines81 82 4. As written Section 6.12.12 of the UDO would contain an amortization provision requiring nonconforming flags and 83 flagpoles, legally erected prior to the adoption of this amendment, to be brought into compliance within 1year from 84 the Ordinance being adopted.85 86 5. As written Section 6.12.13 of the UDO contains language exempting flags, no greater than 12 inches in height, 87 displayed on individual grave sites within a cemetery from the provisions of the Ordinance.88 89 As previously indicated the proposed language is content neutral and does not establish a ban on any flag.90 91 Staff has no additional comments on the proposal, which has already received approval from the County's Attorney 92 office as meeting legal sufficiency.93 94 David Blankfard asked for clarification that any flags flying now that do not meet this ordinance would have one year 95 to come into compliance. 96 97 Michael Harvey confirmed that. 98 99 Meeting was adjourned and was to reconvene after Planning Board Item 7 on Flagpole/ Flag regulations.100 101 7