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9 <br /> <br />what is existing within the County and identify potential violation(s) of size and height 1 <br />regulation(s). 2 <br /> 3 <br />Please note staff will not have the authority to go onto private property to document the 4 <br />presence of a flag or flagpole. Pictures will be taken from public/private rights-of-way. Further 5 <br />this is the first step in the documentation process. Staff will have the burden of proving a 6 <br />flagpole exceeds established height restrictions or a flag exceeds allowable area in order to 7 <br />initiate enforcement action at the appropriate time. 8 <br /> 9 <br />Planning Director’s Recommendation: The Planning Director recommends approval of the 10 <br />proposed text amendments, including the: 11 <br />i. Statement of Consistency contained in Attachment 3, which indicates the proposed 12 <br />text amendments are consistent with the adopted Comprehensive Plan, are 13 <br />reasonable, and are in the public interest, and 14 <br />ii. The text amendment as contained in Attachment 4. 15 <br /> 16 <br />Planning Board Recommendation: At its April 4, 2018 meeting, the Board voted unanimously to 17 <br />recommend approval of the Statement of Consistency and the UDO amendment package. 18 <br />Draft minutes and the signed Statement of Consistency from this meeting are included in 19 <br />Attachment 2. 20 <br /> 21 <br />Pursuant to a request by the Chair, the County Attorney and Planning staff prepared an 22 <br />additional document, Attachment 7, with recommendations from the County Attorney to reduce 23 <br />the required setback to 20 feet and to designate a maximum allowable height rather than 24 <br />having an allowable height either a set number of feet or the height of a building on the lot. 25 <br />Reducing the setback would allow the County’s smallest allowable lots of 50 feet to erect 26 <br />flagpoles. Allowing for a single height limit for flagpoles in the residential and commercial 27 <br />zoning districts will provide a measure of uniformity for flagpole height throughout the County. 28 <br /> 29 <br />Page 11- amortization policy- flagpoles would have to comply within one year of this ordinance 30 <br />being adopted. 31 <br /> 32 <br />Michael Harvey said the Planning Board is aware that many entities have multiple 33 <br />flagpoles, such as fire departments and schools. He said the County Attorney’s (CA) office has 34 <br />provided some additional amendment options on page 30 of the packet. 35 <br />Commissioner McKee asked if the flagpoles will be out of the compliance after a year. 36 <br />Michael Harvey said yes. 37 <br />Commissioner McKee asked if the number of government entities with flagpoles over 38 <br />this height is known. 39 <br />Michael Harvey said no. 40 <br />Commissioner Price asked how staff determined that there could be only three flags per 41 <br />pole. 42 <br />Michael Harvey said given the timeframe placed on staff by the BOCC, this is what staff 43 <br />was able to come up with, and staff based this ordinance on similar regulatory standards from 44 <br />Durham County. He said this is content neutral, and flags cannot be banned, but the number of 45 <br />flags, size and location can be regulated. He said staff would consider other options, if the 46 <br />Board so desires. 47 <br />Commissioner Price clarified that there is no specific reason to have just three flags. 48