After nearly an hour of public comment on Tuesday night, the Orange County Board of Commissioners voted to regulate the size of flags and flag poles on private property.
The text amendment to the county’s Unified Development Ordinance came after a large Confederate flag was hoisted along Highway 70 just outside Hillsborough. The group Alamance County Taking Back Alamance County worked to raise the flag in question and has been rumored to be working on getting other flags raised throughout the county.
Public comment was split among the more than 20 residents who spoke to the commissioners Tuesday night. While the ordinance amendment is content neutral, much of the discussion centered on the Confederate flag and the message the flag sends to residents.
Flags that are out of compliance with the new regulations have one year to come into compliance.
An adjustment was proposed by the county attorney recommending a smaller setback than was initially put before the commissioners.
Under the new regulations, one flag pole will be allowed on property in residential zoning districts with up to three flags; each flag can be a maximum of 24 square feet and the flag pole can be a maximum of 24 feet high. Flag poles must also be set back 20 feet from the property line.
In other zoning districts, up to three flags and three flag poles will be allowed. The flags can be a maximum of 96 square feet; the flag pole can be a maximum of 54 feet high and must be set back 20 feet from the property line.
Commissioner Earl McKee made a motion to defer the decision to a June meeting of the commissioners to allow for additional comment, but that motion died for lack of a second.
The ultimate vote Tuesday night was 6-0. Chair of the commissioners Mark Dorosin was absent from the meeting.
Photo via Alamance County Taking Back Alamance County Facebook Page
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The City is clearly trying to make a prior restraint on free speech and expression. The Federal Supreme Court has determined that the display and even burning of flags is a First Amendment right. The constraint of type face or size is not imposed by the government, nor should he size of a flag. The fact that the Council would like to avoid banner size generically does not obfuscate its intentions, and the number of speakers belie its motives – to constrain the message of Confederate Battle Flags. Secondly the existing roadside flag is water under the bridge. To try to say today that the owners of the flag, its pole and land mus now comply and in the future comply with an ordnance
that has just passed or had only a first reading, is absurd. The flag was erected before this new ordnance was passed and is therefore grandfathered in. Ex Post Facto laws are prohibited under the US constitution.
Right Cliff. I find it interesting that the Chairperson was absent from this meeting.
Leave the flag alone leave the monuments alone go home liberals
They are using Zoning Ordinances to prevent flags such as the nuisances bull crap. The only way to fight this kind of zoning is the Constitutionally of it. With lawyers and corrupt judges it is not an open and shut case and no telling how the supreme court will rule. The problem is they are limiting the sizes of the flags and poles not saying you can’t have a flag or flags.
Yes, vote against things you are offended by to restrict a constitutional right. But expect everyone else to put up with all your offensive liberal nonsense.
Hypocrisy much ?
I’m surprised orange county commissioners are this stupid. They will easily lose in any court challenge. First the law cannot be retroactive. Any flag already in place is legally grandfathered in. Second if the law is not strictly enforced against businesses such as car dealerships with u.s. flags it will have the entire law voided. Third it is doubtful that the law will stand if it can be demonstrated that the commissioners intended for the law to affect a specific flag and was not written generically for public benefit. It’s not at all clear how this law benefits anyone other than those opposed to actbac.
In the end the law will be challenged, the county will lose and taxpayer money will be wasted fruitlessly. Stupid commissioners.
The older I get the more I am ashamed to let people know that I live in Orange County. There was a time that I thought this was a good place to live. But now Orange County has gone to pot. From all the tax burden being placed on the homeowner which creates higher taxes for us, to now dictating the size of an American flag I can fly on my own property. I’ll be so glad to retire and move out of the god forsaken county as so many people that were native to this county. Before long it will be little New York.