TO: Zoning Commission
THRU: Jennifer C Baptiste - Planning & Zoning Division Manager
FROM: Thomas Cohen - Planner I
DATE: June 9, 2026
RE:Title
A26-26 - A request by Alpha Signs & Lighting Permitting (on behalf of Murphy USA #25122 and SCP 207-C27-078 LLC) for a variance to the pole sign maximum height standards (Section 30-5.L.8.1.C) allowing a the pole sign at 105 Hope Mills Road (0417108460000) to be taller.
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COUNCIL DISTRICT(S):
Council District(s)
5 - Lynne Greene
b
Relationship To Strategic Plan:
Goal II: Responsive city government supporting a diverse and viable economy
• 2.4 - To sustain a favorable development climate to encourage business growth
Businesses need advertising and signage to attract customers and grow. Pole signs are an iconic part of the gas station profile.
Goal III: City investment in today and tomorrow
• 3.3 - To sustain a favorable development and business climate through timely and accurate construction review and building inspections
A variance request represents a pause in certain construction processes as designs are thus still in a state of flux. Swift completion of the variance represents the timely and accurate resumption of the review and inspection process.
Goal VI: Collaborative citizen & business engagement base
• 6.1 - To ensure collaborative relationships with the business community, local governments, military and stakeholders.
According to the applicant, a water main project directly impacts the applicant business and construction plans and the request represents an opportunity for collaboration on solving the applicant’s problem.
Executive Summary:
Applicant is requesting a variance in the maximum height standards for pole signs found in UDO Section 30-5.L.8.1.C as they relate to Community Commercial (CC) zoned properties by raising the maximum from 25’ to 35’ to allow appropriate visibility of the signage.
Zoning Commission Decision Point
The Zoning Commission acting in accordance with NCGS § 160D-705(d) and UDO Section 30-2.C.14.e.2 must decide a course of action:
• Approve the variance request as submitted
• Approve the variance request with conditions
• Deny the variance request
Variance Criteria
1. Unnecessary Hardship
2. Peculiar Conditions
3. Minimum Action Necessary
4. Spirit of the Law
5. Public Safety
Background:
Owner: SCP 2007-C27-078 LLC
Request: Pole sign maximum height increase by 10’ to allow signage visibility
Parcel Identification Number (PIN): 0417108460000
Current Zoning: Community Commercial (CC)
Parcel Size: ± 0.84 acres
Existing Site Conditions: Vacant Pharmacy
Immediate Context: Restaurant, gas station, and storage
Utilities: Public water, sewer, and electricity
Public Notice: Notification letters were sent to property owners within 300 feet of the subject site equating to 10 notices sent.
Issues/Analysis:
Variance Criteria
In accordance with NCGS § 160D-705(d) and UDO Section 30-2.C.14.f five standards must all be met for a variance to be granted.
1. Unnecessary hardship - Strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships; it shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property; and
2. Peculiar Conditions - Any practical difficulties or unnecessary hardships result from unique circumstances related to the land, such as location, size, or topography, and are not the result of the actions of the land owner, nor may hardships resulting from personal circumstances as well as hardships resulting from conditions that are common to the neighborhood or the general public be the basis for granting a variance; and
3. Minimum Action - The variance is the minimum action that will make possible a reasonable use of land or structures; and
4. Spirit of the Law - The variance is in harmony with the general purpose and intent of this ordinance and preserves its spirit; and
5. Public Safety - In the granting of the variance, the public safety and welfare have been assured and substantial justice has been done.
Applicable Standards and Request
UDO Section 30-5.L.8.B.1.C is the table which defines pole signs and outlines the standard to which they must adhere based on zoning district. The subject property is located within the Community Commercial (CC) zoning district.
• Existing Maximum Pole Height: 25 feet
o Proposed Variance: 35 feet (Increase of 10 feet)
Claim Presented by Applicant
The claim is that the request is due to the placement of the sign needing clearance over the roofline of the retail space. This is because of a new water main project (T.I.P. NO. U-4405B) that will not allow the sign to be placed in the preferred space that would allow compliance with the ordinance. The new water main project will require 20 feet of clearance which will impact placement of the sign.
Required Variance Findings
The Commission must determine whether the evidence supports EACH of the five criteria and associated findings.
The following is a neutral framing of how the record may be evaluated based on the claims and evidence provided by the applicant.
• Unnecessary Hardship
o Applicants assert that ordinance requirements do not inherently account for outside factors such as DOT projects that would force placements outside normal spaces and at the existing maximum height standard of 25’ for pole signs the sign would not be visible behind the gas station store building.
o The Commission may consider whether these are considered practical or unnecessary difficulties.
• Peculiar Conditions
o Applicants assert that the water main project creates a 20’ clearance area that pushes the pole sign placement from the typical front location to one in the back
o The Commission may consider whether these conditions are unique to the land rather than common to other commercial lots
• Not Self-Created
o Applicants assert that these are circumstances outside of the control of the property owner as the project is an NCDOT project under NCDOT authority.
o The Commission may consider whether these conditions are a self-created problem
• Spirit of the Law
o The Commission may evaluate whether varying the maximum pole height standards is in harmony with the law and does not impact public safety.
• Minimum Action Necessary
o Applicant asserts the requested variance is the minimum height added that is necessary for visibility.
o The Commission may consider whether this is the minimum height necessary to achieve the goal.
Budget Impact:
Immediate (Legislative): No additional costs, collection of a $1000 application fee
Longterm (Construction): Onsite improvements are funded by the developer. City Council evaluates any potential public capital projects via budget adoption and capital investment processes.
Options:
• Approval - Find that the request meets all criteria
• Approval, but with conditions - Find that the request meets all criteria if adhering to a set of conditions
• Denial - Find that the request does not meet one or more criteria
• Table - Find that more information is necessary to make findings and table the case for a later commission date
Recommended Action::Recommended Action
No staff recommendation shall be provided. Commission action is based on the variance standards defined in Section 30-2.C.14.F and NCGS § 160D-705(d) based on the evidence found in the record.
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Attachments:
1. Application
2. Aerial Notification Map
3. Current Zoning Map
4. Future Land Use Map
5. Site Pictures (Subject Site)
6. Site Pictures (Surrounding Properties)
7. Site Plan