Special land uses in Apex, NC

Uses marked "S" (Special Use) on the Use Table (Sec. 4.2.2) require a Special Use Permit reviewed by the Board of Adjustment at a quasi-judicial public hearing (Sec. 2.3.5), following the common review procedures of Sec. 2.2. Being listed as a special use does not guarantee approval; the Board of Adjustment must find the use compatible with its proposed location and surrounding land uses, compliant with any applicable Sec. 4.4 supplemental standards, and that its design avoids significant adverse impacts and nuisance conditions. Per NCGS 160D-406, approval requires a majority vote of the Board (vacant seats and disqualified members are excluded from that majority).

The UDO applies to all land within the Town of Apex's corporate limits AND its extraterritorial jurisdiction (ETJ), except a small area assigned to the Town of Cary's zoning jurisdiction under a 1969 boundary agreement between Apex and Cary. Bona fide farms as defined by the North Carolina General Statutes are exempt from the UDO (Sec. 1.4.4). Confirm ETJ boundary status with Planning for property near the town line.