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Agenda 5-a - Unified Development Ordinance Text Amendment - Flags and Flagpoles
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Agenda 5-a - Unified Development Ordinance Text Amendment - Flags and Flagpoles
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5/10/2018 5:05:03 PM
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BOCC
Date
5/15/2018
Meeting Type
Regular Meeting
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Agenda
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5-a
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Agenda - 05-15-2018 Regular Board Meeting
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Form Revised 09-29-16 <br /> <br />Development Ordinance Amendments of the UDO, the Planning Director and <br />Attorney’s office have initiated text amendments to the UDO to incorporate standards <br />governing the height, number, and location of flagpoles as well as the size of flags. <br />The purpose of the amendment is to ensure uniformity with respect to the display of <br />flags and the allowable height of flagpoles within Orange County. <br /> <br /> <br />2. Analysis <br />As required under Section 2.8.5 of the UDO, the Planning Director is required to: <br />‘cause an analysis to be made of the application and, based upon that analysis, <br />prepare a recommendation for consideration by the Planning Board and the Board of <br />County Commissioners’. <br />There are currently no regulatory standards governing the height of a flagpole or size <br />of flags flown/displayed within the county. Concerns have been expressed over the <br />lack of regulation(s) ensuring the display of a flag does not dominate local skylines. <br />Staff has been directed to establish regulations governing the overall allowable <br />height of a flagpole as well as standards governing allowable flag area. <br />The proposed regulation does not attempt to establish content standards. Such <br />regulations are inconsistent with numerous court proceedings including the US <br />Supreme Court Case Reed versus Town of Gilbert. For more information on the <br />case and its potential impacts please refer to the <br />following: http://canons.sog.unc.edu/?p=8167. <br />The proposed regulation is to ensure uniformity with respect to the size and number <br />of flags that can be displayed on property as well as a measurable standard on the <br />height of any erected flagpole. <br /> <br /> <br /> <br />3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) <br />Land Use Goal 6: <br />A land use planning process that is transparent, fair, open, efficient, and responsive. <br /> <br /> <br />4. New Statutes and Rules <br />Not applicable <br /> <br /> <br />C. PROCESS <br /> <br />a. TIMEFRAME/MILESTONES/DEADLINES <br />a. BOCC Authorization to Proceed <br />March 20, 2018 <br />b. Public Hearing <br />5
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