Minutes 05-15-2018 - Laserfiche WebLink

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17 Michael Harvey said at some at some point anyone with a non-compliant flag will have to bring it into compliance, regardless of who that person/business/school, etc. is. Commissioner Marcoplos asked if consistent height is part of this. John Roberts said yes, and this is recommended in attachment 7. Commissioner Marcoplos said he would be in favor of a future UDO conversation about exempting the schools, fire departments, and other government agencies in that realm. Commissioner Price asked if the Towns have similar ordinances on the flags, and, if not, will the County ask the Towns to create such an ordinance, since many schools are within Town limits. Michael Harvey said Towns can choose to regulate this issue or not, consistent with their enabling authority. He said there are communities within Orange County that have standards governing the erection of flags. He said this ordinance is modeled on certain provisions from Durham, in terms of size and height limits. Michael Harvey said Chapel Hill and Hillsborough exempt the American flag and the State flag, and both have some requirements. He said Orange County adopting an ordinance does not require a town to do the same. He said the only issue the Towns have to assess is whether any ordinance the Towns have is content neutral, which is between the Town officials, its Planning Board and Attorneys. Commissioner Price said many people who spoke tonight live within the Towns, and she would hope that there would be similar ordinances throughout the County at some point. Michael Harvey said Orange County issues are unique, and may not be experienced by the Towns and vice versa. Commissioner Price asked if this will impact schools that are located within the municipalities. Michael Harvey said those schools would have to abide by any applicable municipal ordinance. Commissioner Jacobs asked if it is clear in the ordinance that the Board is talking about a maximum height. Michael Harvey said yes, and the maximum height would be 24 feet in a residential district, and 54 feet in a non-residential district. Commissioner Jacobs said the pole can be up to 24 feet, but not limited to 24 feet. Michael Harvey said it can be no higher than 24 feet, and this specific language can be found on page 19, point #2. Commissioner McKee said he understood Commissioner Marcoplos’ concern about the impact on the County, schools and fire departments, but he would strongly oppose exempting the County from regulations it is putting on everyone else. A motion was made by Commissioner Burroughs, seconded by Commissioner Jacobs for the Board to adopt the proposed amendments by approving the Statement of Consistency, as contained in Attachment 3. VOTE: UNANIMOUS A motion was made by Commissioner Marcoplos, seconded by Commissioner Jacobs to adopt the County’s Attorney’s May 10, 2018 Proposed UDO Text Amendments as contained in Attachment 7. VOTE: UNANIMOUS