DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING AND ZONING DIVISION

STAFF REPORT

CASE NO: 98-02-A
ADDRESS: 1803 N. Harrison Avenue, Harrison Square Shopping Center
ZONING: B-2

TO: Bob Cassell, Chairman
Members, Zoning Board of Adjustment

FROM: Joseph D. Jeffries
Zoning Code Enforcement Officer

DATE: December 29, 1997

REQUEST

The applicant, David Taube, representing Chick-fil-A, is appealing a staff determination that sequential letters are not a logo and that the logo can not exceed the vertical height of the primary message.

BACKGROUND

Chick-fil-A , wants to install a wall sign that is consistent with their registered trademark (Exhibit A). According to the applicant, the chicken that appears in the C is not the logo, but the entire Chick- fil-A is the logo. The definition of logo according to section 2.1.4 Definitions, logo is the graphic or pictorial presentation of a message, including but not limited to, the use of shapes, designs, decoration, emblems, symbols, or illustrations, or the superimposition of letters or number or any other use of graphics or images other than the sequential use of letters and numbers.

STANDARDS OF REVIEW

Section 6.1.5 of the Cary Unified Development Ordinance states that:

(a) The Zoning Board of Adjustment may grant a variance which is in harmony with the general purpose and intent of the zoning ordinance.

(b) When practical difficulties or unnecessary hardships would result from carrying out the strict letter of the zoning ordinance, the Zoning Board of Adjustment may vary or modify the regulation or provisions of the ordinance, so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.

STAFF REVIEW

Staff has consistently not allowed the sequential use of letters to be considered a logo nor has staff allowed the logo to exceed the vertical height of the primary message. Staff feels that the C in Chick-fil-A clearly implies an image of a chicken and feels this is not something that can be approved.

Previous Board of Adjustment cases and decisions have affirmed this interpretation for staff:

-February 12, 1996 Caribou Coffee Co. Inc. applied for a variance to allow the logo higher than the primary message and was denied.

-February 10, 1997 Duron Paints & Wall Coverings appealed a staff determination that sequential letters are not a logo and was affirmed.

I have also included an article written about Chick-fil-A in German Town, Tenn. and modifications they made to a sign to comply with regulations that no logos can portray an animal. We are not asking that they modify a registered trademark, but to simply comply with the Town of Cary standards.

If any additional information is needed please contact me at (919) 469-4342.

LIST OF EXHIBITS