ZoningVerdict

Special land uses in Fuquay-Varina, NC

What the Fuquay-Varina zoning ordinance says about special land uses, district by district. Section numbers link to the official ordinance.

All districts

Uses marked with a special-use designation in the Sec. 9-1254 Permitted Use Table require a Special Use Permit (SUP), which in Fuquay-Varina is also decided by the Board of Adjustment (BOA) rather than the Town Board of Commissioners. Process: a pre-submittal meeting with Town staff, formal submittal to the Planning Department by the BOA application deadline, a required neighborhood meeting at least 25 days before the first quasi-judicial hearing (property owners within 200 feet receive 10 days' notice), staff preparation of the petition, and a BOA evidentiary hearing and vote to approve, approve with conditions, or deny. If approved, the applicant must then submit a site plan application for Planning Department review. Unlike variances, North Carolina General Statutes Sec. 160D-705(c) (fetched and read this session) does not itself dictate the specific findings-of-fact standard for a special use permit; it authorizes the board to impose reasonable and appropriate conditions and safeguards (while barring conditions like taxes, impact fees, or building design elements not otherwise authorized) and leaves the substantive findings to each municipality's own ordinance. The exact numbered findings-of-fact list Fuquay-Varina's own LDO Sec. 9-1808 requires the BOA to make before approving an SUP was not independently confirmed from the primary ordinance text this session (the flipbook's rendering of this page and a third-party mirror of the Town's code were both unreachable this session, and the amendment ordinances fetched this session only show sections actually amended, not the full unamended SUP-findings subsection); confirm with the Planning Department at 919-552-1429.

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