Minutes 05-15-2018 - Laserfiche WebLink

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10 Durham County. He said this is content neutral, and flags cannot be banned, but the number of flags, size and location can be regulated. He said staff would consider other options, if the Board so desires. Commissioner Price clarified that there is no specific reason to have just three flags. Michael Harvey said staff tried to address a reasonable number, and he said there are state laws that require people to be able to fly state, national and local jurisdiction flags, and this cannot be denied. John Roberts said state law requires that local governments allow the flying of those three flags, which was the way he determined 3 flags per pole. Commissioner Price said she understood that reasoning at public sites, but not on private property. Commissioner Jacobs referred to page 2, where it talks about severing the allowable height of the pole from the height of the building. Michael Harvey said that will be covered by the CA. Commissioner Jacobs said on page 28 it states that it is not going to be related to the existing structures, and asked if clarification could be provided. John Roberts said that is an option, and was a Commissioner requested change. He said this makes sense so that there is consistency countywide for height. Commissioner Jacobs asked if this consistency is for total height. John Roberts said for maximum flagpole height per type of lot. Commissioner Price asked if there is a reason that cemeteries are being regulated. Michael Harvey said staff allowed exemptions for both private and public cemeteries; and small flags on gravesites will be permitted. Commissioner Price read the following language: “flags no greater than 12 inches in height may be displayed at individual gravesites within the cemetery” and asked if this is applicable to all cemeteries. Michael Harvey said yes, there is no distinction between public and private cemeteries. John Roberts said this issue came up because of a rumor that an excessively large flag was going up on a residential lot, and the BOCC received a large number of complaints. He said many of those complaints focused on one type of flag. He said the BOCC, staff, and he looked at the ordinance, and it was not clear on the size or height of flags that may be flown, whether on commercial or residential property. He said the BOCC instructed staff to bring a content neutral ordinance regulating flags. John Roberts said both the staff’s proposal and his options are content neutral, and any flag can continue to be flown if it fits within the dimensions proposed in the ordinance. He said if the Board adopts this ordinance, there is a one-year amortization before anyone would have to replace their flags to adhere to the ordinance. John Roberts said there is clear case law that this is within a local government’s authority. He said Durham has a flag ordinance and regulates the size of the flags, and the case which determined that ordinance went all the way to the 4th circuit of appeals, which is the federal appellate court having jurisdiction over North Carolina. He said the Court ruled in Durham’s favor. John Roberts said it is not his interpretation that the flagpole will be subject to the amortization provision. He said if a flagpole is taken down voluntarily, or knocked down through an accident or natural act, then it would need to be replaced with a flagpole that complies, but residents, schools, churches, etc., will not be required to replace existing flagpoles otherwise. Commissioner Rich clarified that the size of flag itself has to be in compliance within a year, but the flagpole does not.