Orange County NC Website
Browse       Search
ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: May 15, 2018 <br /> Action Agenda <br /> Item No. 5-a <br /> <br />SUBJECT: Unified Development Ordinance Text Amendment – Flags and Flagpoles <br /> <br />DEPARTMENT: Planning and Inspections and County Attorney’s Office <br /> <br /> <br />ATTACHMENT(S): INFORMATION CONTACT: <br />1. UDO Amendment Outline Form 2018- <br />07) <br />2. Draft Excerpt of April 4, 2018 Planning <br />Board Minutes and Signed Statement of <br />Consistency <br />3. Statement of Consistency <br />4. Ordinance and Proposed UDO Text <br />Amendments <br />5. Legal Advertisement <br />6. Flag Amendment Fact Sheet <br />7. County’s Attorney’s May 10, 2018 <br />Proposed UDO Text Amendments <br />Craig Benedict, Director, (919) 245-2592 <br />John Roberts, County Attorney, (919) 245- <br />2318 <br /> <br />PURPOSE: To hold a public hearing on a Planning Director/County Attorney’s Office initiated <br />Unified Development Ordinance (UDO) text amendment clarifying regulations associated with <br />flags and flagpoles. <br /> <br />BACKGROUND: The UDO Amendment Outline Form (Attachment 1) for these amendments <br />was approved by the BOCC at its March 20, 2018 regular meeting. The County Attorney’s <br />Office has provided staff with recommended language. The purpose of these proposed <br />amendments is as follows: <br />• To address concerns over the lack of clear and comprehensive regulation(s) to ensure <br />that the display of a flag does not dominate local skylines. <br />• To clarify existing regulations on flags and flagpoles. Specifically: <br />o The allowable height, location, and number of flagpoles, and <br />o The maximum allowable area (size) of flags that can be displayed on a given <br />parcel of property. <br /> <br />Please note the proposed amendments do not attempt to regulate flag content. Regulating flag <br />content would be inconsistent with numerous court proceedings, including the US Supreme <br />Court Case Reed versus Town of Gilbert. The County cannot regulate the content of a flag. <br />It can, however, establish content-neutral regulations designed to address the size, height, and <br />location at which a flag is displayed. For additional background information, please refer to the <br />1