Published Thursday, July 29, 2010

Council rejects revisions to Newnan flag ordinance

By Elizabeth Melville

The Newnan Times-Herald

Newnan City Council has rejected proposed revisions to the city's zoning ordinance aimed at correcting what City Planner Dean Smith has called an abuse of the city's current ordinance defining the use of flags -- specifically regarding their number and size.

While council members all agreed Tuesday evening that something needs to be done to tighten enforcement, they were divided on whether to restrict the number of permissible vertical, freestanding flagpoles to two or three.

The proposed ordinance would affect all zoning districts, both residential and commercial, assured Smith. Existing flagpoles and flags would be grandfathered in, however, according to City Attorney Brad Sears.

The council members agreed that the ordinance should restrict the number of poles, flags and the flag size. However, Councilman George Alexander questioned how the Newnan Planning Commission came to the decision to limit the number of freestanding flagpoles to two.

Smith explained that the issue wasn't discussed at length, but that two flagpoles seemed to be commonplace in the other ordinances that Newnan studied. They chose to limit the number of flagpoles because there are existing commercial properties displaying anywhere from 6 to 10 flagpoles. Also, they opted to increase the allowable length of the flags instead of allowing more flags.

"We felt like it was a fair compromise," said Smith.

Plus, two flags will be allowed per pole.

"I feel like three is the standard," said Alexander, adding that many choose to display the American Flag, the state flag and an additional flag, like the POW/MIA flag.

Mayor Pro-tem Cynthia Jenkins agreed with Alexander that three flagpoles should be allowable.

"We have three in place on our own property," said Jenkins.

"My recommendation is to take one down," said City Attorney Brad Sears.

Councilman Rhodes Shell agreed with the planning commission's recommendation that two flagpoles are adequate. He pointed out that with two flags allowable per pole, permitting three poles would mean one property could still display six flags.

"If we don't stop it at some number, it just keeps on going," said Shell. "I say, the fewer, the better.

Smith pointed out that if a small lot took advantage of having three poles, there would still be a clutter problem.

Mayor Keith Brady agreed with Alexander and Jenkins that the city should allow for three.

Community Development Director Cleatus Phillips suggested that council allow three flag poles but consider capping the number of acceptable flags below six.

Smith agreed that a rewrite of ordinance would be a "very simple change."

Council instructed staff to rewrite the proposed zoning ordinance change for council's review at an upcoming meeting. The motion passed with Shell opposed.