August 28, 2007

Ms. Betty Waller

Waller & Stewart, LLP

201 Shannon Oaks Circle, Suite 200

Cary, NC 27511

Re: Your Letter Dated August 8, 2007

Dear Ms. Waller:

I have determined, and you have been previously advised, that I have no authority under Section 12.3.1 (C) of the Cary Land Development Ordinance to approve your client’s billboard as an “unlisted use.” Under the LDO, signs are prohibited unless expressly permitted. Billboards are not permitted in the Town. Pole signs are not permitted in the Town. Since these uses are listed and regulated, there is no opportunity for you to argue that they may now fall into an “unlisted” category. Further, your client’s billboard has been illegal since July 1, 2006. If you disagreed with this determination, you should have appealed the decision when it was originally made.

This will also serve to advise you that the Town has exercised extreme forbearance with your clients regarding this sign. The sign became illegal on July 1, 2006 yet the Town did not begin assessing penalties until May 30, 2007. To date penalties have accrued to a total of $44,850.00. Neither your client, nor the property owners, have made any effort to come into compliance with the Town’s LDO. Neither your clients nor the property owners questioned or challenged the ordinance when it was adopted, nor did they appeal the determination that they were in violation, although there was a belated appeal to the civil penalty assessment.

This will serve as notice that, unless the sign is removed by September 7, 2007, the Town will take such additional action as it deems necessary to enforce its ordinances and protect the public safety and welfare. It is my hope that your clients will abide by this determination.

Sincerely,

Jeffery G. Ulma, AICP

Planning Director

cc: Bill Coleman, Town Manager

Chris Simpson, Town Attorney

Ricky Barker, Associate Planning Director