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1. What is rezoning?

A rezoning, or zoning map amendment, is a change of the zoning on a particular property. This change may affect the nature of, the density of, and/or the intensity of permitted uses on the subject property(ies). A rezoning is necessary if you wish to develop, redevelop, or use a property in a way that is not currently permitted by the property's zoning district. Rezoning property is not always the only possible route to development and should be considered carefully before an application is made, as the process can be expensive, time-consuming, and permanent unless another rezoning is proposed. 

If a property's zoning designation is changed, the new designation replaces the old. THe uses that are permitted in the new zoning district are the uses that are allowed on the property. All the permitted uses allowed and which zoning districts they are allowed in can be found in the Permitted Use Table in the Land Development Ordinance (LDO).

If the Town Board votes to deny a rezoning, the zoning designation is not changed and the current zoning designation is still binding.

2. What is a variance?

A variance is a permission, which the Board of Adjustment may grant in certain situations, that enables a property owner to make use of the property in some way that conflicts with the land development ordinance standards.

3. Are there rules for fences?

A permit is NOT required for the installation of a fence in Fuquay-Varina’s corporate limits and ETJ. However, some basic standards include:

• Fences should be located at least three (3) inches from a property line to avoid property line disputes.  
• Privacy fences should be installed with a 2-inch clearance at the base for stormwater to drain underneath.  
• Fences are not permitted in the public right-of-way. The public right-of-way typically ends two (2) feet from the back of the sidewalk or five (5) feet from the back of the curb where no sidewalk exists.  
• Fences are not permitted in utility, drainage, stormwater, or other similar easements. Fences ARE permitted in landscaping and buffer easements, but in these cases, the fences must be installed eight (8) feet from the property line and so that the majority of the landscaping and plant materials are outside of the fence.

Please consult the Town's Land Development Ordinance for the full list of the Town's fence standards. Additionally, please check with your homeowners’ association or your deed to see if there are additional, private standards (Restrictive Covenants) in your neighborhood. It’s important to know that even where restrictive covenants create standards, compliance with the Town’s standards is still mandatory.

4. Do I need a permit for an accessory structure?

A permit is required for all accessory structures. The term accessory structure includes a shed, utility building, detached garage etc. Even if you purchase a prefabricated shed from a local retailer, a permit is still required. The permit allows the Town’s staff to verify that the accessory structure meets the required setback (typically 8 feet from the property line and outside of any easements) and does not exceed any of the Town’s other regulations. Please see the Town's Land Development Ordinance for a complete list of requirements. The Town’s Inspections Department facilitates this permitting process.

Please check with your homeowners’ association or your deed to see if there are additional, private standards in your neighborhood. It’s important to know that even where restrictive covenants create standards, compliance with the Town’s standards is still mandatory. For more information, contact the Planning Department at 919-552-1429 or planning@fuquay-varina.org.

5. Can I have chickens?

The trend of keeping backyard chickens has been on the rise over the past number of years. Whether the interest is for sustainability, comfort, food independence or other reasons, the Town supports this initiative. The adopted Land Development Ordinance which became effective on Dec. 30, 2016, allows for a maximum of five (5) chickens restricted in a pen on residential lots within the Town limits as long as restrictive covenants do not apply. Please check with your homeowner’s association to confirm chickens are allowed.  A permit is required for the pen. Roosters are NOT permitted. For more information, contact the Planning Department at 919-552-1429 or planning@fuquay-varina.org.

 Please check with your homeowners’ association or your deed to see if there are additional, private standards in your neighborhood. It’s important to know that even where restrictive covenants create standards, compliance with the Town’s standards is still mandatory.  

6. What is an easement?

An easement is an agreement on property for use of the area within the easement. The easement is part of a piece of property and is not separate like a right-of-way. For example, a drainage easement on a residential lot is an agreement for perpetual use of the area included in the easement for drainage of water. In addition to drainage easements, some other common easements are for water, sewer, and greenways. Because the area is intended for an explicit, continued use it cannot be used for other purposes unless specifically approved by the Town.  

Your deed, the plot plan for your lot, or a survey are all great resources to determine if there’s any easement on your property.  

7. Do I need the town's approval to open a business?

Yes. A zoning compliance letter from the Planning Department is required. The purpose of the letter is to allow the Town to verify that new businesses are permitted and have approval for the location in question. Sometimes lending institutions and other government agencies may also require a property owner to obtain a zoning compliance letter. There is a $50 fee associated with the letter. Processing time is typically 2-3 business days from the date of request. Requests should be made via email to planning@fuquay-varina.org and should include the address and type of business proposed, business name and information, and another other information the applicant may wish to be provided in the letter. Payment is required prior to pick-up of the letter and can be paid at Town Hall located at 134 N Main Street.

8. What do I need to know to open a home-based business?

As technological advances are made, more and more people are working from home. Some people also run small businesses from their homes. These are called home occupations, or home-based businesses, and are allowed with approval by the Town’s Planning Department via a letter of zoning compliance. While the Town fully supports these creative uses, the Town is also charged with ensuring that a home occupation does not conflict with the intent of the property or create negative impacts to the neighborhood. For this reason, there are standards that must be met in order for a home occupation to be approved. The Home Occupation User Guide offers a comprehensive list of these standards. For more information, contact the Planning Department at 919-552-1429 or planning@fuquay-varina.org.

9. Can I obtain of survey map of my property at Town Hall?

From time to time citizens request a copy of the survey map of their property, or even request that a survey of their property be performed. Neither of these requests can be fulfilled by the Town. In North Carolina, survey maps are recorded at the county level. Here, that is with the Wake County Register of Deeds. You can easily search that website (http://services.wakegov.com/booksweb/genextsearch.aspx) if you have some information to start from. Most often property (or lots) in subdivisions is typically shown on a recorded map of the overall subdivision. In order to have a survey performed on a piece or property, you will need to contact a registered land surveyor.