TOWN OF CARY
BOARD OF ADJUSTMENT HEARING
May 10, 1999

CASE: 99-06-A
STAFF CONTACT: Joseph D. Jeffries
Zoning Code Enforcement Officer
(919) 469-4342
jjeffrie@ci.cary.nc.us
APPLICANT(S): Hall Bowen/Cherry Huffman Architect
OWNER(S): Wake County Board of Education
LOCATION: Green Hope High School
2500 Carpenter Upchurch Rd.
PARCEL# 0734.02985018
PRESENT ZONING: Residential-30 (R-30)
REQUEST: The applicant, Hal Bowen, representing Wake County Board of Education is appealing Staff’s decision to deny a sign permit (99-274) based on section 13.2.8 of the Town of Cary Unified Development Ordinance(UDO).
BACKGROUND: According to section 13.2.8 (I) of the Town of Cary Unified Development Ordinance attached wall signs are subject the following conditions. First, surface area is determined by the horizontal length of the wall that the sign is attached. Second, location of an attached wall sign shall not project no more than 12" from the wall, and no higher than the building’s roof line. In addition, no signs are allowed on a roof, except for a mansard roof.

As illustrated in exhibit A, the sign is located on steel columns approximately 12’ above the roofline, this is in direct violation of 13.2.8(I)(2) of the Town of Cary UDO. The definition for a attached sign reads as follows, "…any sign directly attached to an exterior wall of a building and dependent upon a building for its support with its exposed face parallel or approximately parallel to the plane of the building or structure upon which the sign is affixed". Signs directly painted on walls shall be considered as attached sign. Clearly the sign is not attached to the wall of the building, thus the sign fails to qualify as a wall sign.

Staff’s interpretation for denial of the sign permit.is (1), the sign exceeds the roofline of the building. (2), according to the definition of an attached wall sign the proposed sign fails to meet that definition.
STANDARDS OF REVIEW: Section 6.2.5 of the Cary Unified Development Ordinance regarding Administrative Appeals, states in part the following:

c. In reversing, affirming, or modifying the contested action, the Zoning Board of Adjustment shall have all relevant powers of the administrative officer from whom the appeal is taken.

d. The Zoning Board of Adjustment shall not reverse or modify the contested action unless it finds that the administrative officer erred in the application or interpretation of the terms of this Ordinance or related policies adopted by the Town.

e. The Zoning Board of Adjustment shall not reverse or modify the contested action unless there is a concurring vote of at least eight members.
SUGGESTED MOTION: MOTION TO REVERSE ADMINISTRATIVE OFFICER’S DECISION

I HEREBY MAKE A MOTION TO REVERSE THE ADMINISTRATIVE OFFICER’S DECISION BASED ON THE FOLLOWING FINDINGS:

1. _______________________________________________

2. _______________________________________________

3. _______________________________________________

MOTION TO AFFIRM ADMINISTRATIVE OFFICER’S DECISION

I HEREBY MAKE A MOTION TO AFFIRM THE ADMINISTRATIVE OFFICER’S DECISION BASED ON THE FOLLOWING FINDINGS:

1. ________________________________________________

2. ________________________________________________

3. ________________________________________________

MOTION TO MODIFY ADMINISTRATIVE OFFICER’S DECISION

I HEREBY MAKE A MOTION TO MODIFY THE ADMINISTRATIVE OFFICER’S DECISION BASED ON THE FOLLOWING FINDINGS:

1. _______________________________________________

2. _______________________________________________

3. _______________________________________________

 
VINCINTY MAP:
SITE PHOTOS:
LIST OF EXHIBITS:
  • Application
Exhibit A: