Agenda Item Name:
Title
Ordinance to amend Unified Land Development Code, regarding flags and flagpole height
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Presenter:
Michael Castine, Senior Planner x.2367
Description:
Public hearing to consider an Ordinance amending ULDC Section 407.36, Flags and Flagpoles, to allow flagpoles up to 50 feet high in non-residential developments, and deleting redundant Section 407.09, Flag poles. (Legislative) (20 minutes)
Recommended Action:
Recommended Action
1.Convene as the Land Development Regulation Commission, conduct the public hearing, and find the proposed ULDC amendments consistent with the Alachua County Comprehensive Plan.
2. Reconvene as the Board of County Commissioners, conduct the public hearing, and adopt the ordinance amending the Unified Land Development Code.
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Prior Board Motions:
April 12, 2021: Board of County commissioners directed staff to draft and advertise an Ordinance allowing flagpoles up to 50 feet high in non-residential developments and include proportional size limits on flags in residential and non-residential development.
December 7, 2021: Board of County Commissioners directed staff to bring back recommendations on a narrow [height] increase on flagpoles at all public parks from 35 feet to 50 feet.
Fiscal Consideration:
Fiscal Consideration
Costs to cover advertising of the public hearing are covered in 008.65.6500.554.49.04; sufficient budget exists to cover costs.
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Strategic Guide:
All Other Mandatory and Discretionary Services
Background:
At its December 7, 2021 meeting, the Board of County Commissioners directed staff to bring back recommendations on a narrow [height] increase on flagpoles at all public parks from 35 feet to 50 feet. Staff presented options to the Board of County Commissioners on April 12, 2021, and the Board directed staff to draft and advertise on Ordinance allowing flagpoles up to 50 feet high in non-residential developments and include proportional size limits on flags in residential and non-residential development.
Flagpole regulations are part of the County’s sign code in Chapter 407 of the Unified Land Development Code (ULDC). The County’s current sign code regulates signs based on type of development and location. As the sign code must be content neutral, the flagpole regulations would apply to any type of flag, not only government flags such as the U.S. Flag or State of Florida Flag. The current code provides that, in non-residential developments, there shall be no more than three flagpoles per principal building on a site, and no flagpole shall exceed thirty (30) feet in height. All flagpoles must be set back at least five (5) feet from any property line. A park is considered to be a non-residential development.
Based on the Board’s direction, staff has drafted an Ordinance amending Section 407.36, Flags and flagpoles, and also recommends deleting redundant Section 407.09, which repeats the flagpole height limits. The essential portion of the recommended amendment is as follows:
Sec. 407.36. - Flags and flagpoles.
The display of flags on flagpoles or flag brackets shall be subject to the following limitations:
(a) In residential developments and in the agriculture (A) zoning district, there shall be no more than one (1) flagpole on a lot, and no flagpole shall exceed twenty (20) feet in height, and no flag shall exceed the maximum dimensions of four (4) feet high by six (6) feet wide;
(b) In nonresidential developments, there shall be no more than three (3) flagpoles per principal building on any development site, and no flagpole shall exceed thirty (30) feet in height, with a maximum dimension per flag of five (5) feet high by eight (8) feet wide, except that one (1) flagpole may be up to fifty (50) feet in height when placed at least one hundred (100) feet from any property line with a maximum dimension per flag of eight (8) feet high by twelve (12) feet wide. Each flagpole must be within thirty (30) feet of the principal entrance to the building to which it is oriented;
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