Planning
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Planning Frequently Asked Questions (FAQs)

Accessory Structures
Apex Peakway
Applications
Assessments
Decks
Easements
Fences
- What materials can you use?
- What are the size requirements for a fence?
- How can I use a fence to separate my property from a right-of-way?
- Are there extra requirements for a fence abutting a right-of-way?
- Can I construct a fence in a buffer?
Flood Zone
Greenways
Historic District
Home Occupation
- Incidental
- Specialized Services
- Enclosed Building
- Essential Character
- Immediate Family
- Employees
- No External Evidence
- Sales
- No Displays
- Vehicle
- No Mechanical, Electrical, or Other Equipment Which Causes Nuisance
House Numbers
I-540
Inspections
- What inspections are required?
- What are the office hours?
- How can I schedule an inspection?
- Can I as homeowner do my own work?
Intersection Improvements
Land Use Plan
Maps
- What maps are on display?
- Which maps are for purchase?
- Are maps available on your website?
Mobile Homes
Permit Fees and Requirements
- When is a permit required?
- How do I obtain a building permit?
- How long does it take to receive a permit?
- How much does a permit cost?
- Can I as homeowner do my own work?
Population
Rezoning Process
Road Paving, Dirt
Sidewalks
Signs
- What is a sign?
- How are signs regulated?
- Do I need a sign permit?
- How much does a sign permit cost?
Sight Triangle
Site Plan Process, Major
Site Plan Process, Minor
Storage Sheds
Street Trees
Subdivision Plat Process
Traffic Signal Installation
Transportation Construction
Triangle Transit Authority
- Bus Service
- Rail Service
Variances
Western Wake Parkway (an extension of I-540 formerly named Western Wake Freeway)
Zoning District
Zoning Violations

Accessory Structures
A subordinate structure detached from but located on the same lot as a principal building is an accessory structure. Accessory structures shall be associated with, and clearly incidental and subordinate to, the principal uses allowed in the zoning districts. Accessory uses and activities shall be subject to the same regulations as apply to principal uses in each district, unless otherwise expressly stated. Accessory structures include garages, decks, and fences.

Unless otherwise specified, no detached accessory building shall occupy more than 35 percent of the area of the required yard, nor be located closer than 10 feet to any principal building. No detached accessory building or structure shall exceed the height of the principal building or structure. When an accessory structure is located on a corner lot in residential districts, the structure shall be set back not less than 10 feet from the side lot line abutting the street. For more information and diagrams on accessory standards, refer to Section 4.5 – “Accessory Uses and Structures” – of the Unified Development Ordinance (UDO).

Accessory structures shall be considered a part of the principal building when the distance between structures is solidly covered by a breezeway, portico, or similar architectural device at least 4 feet in width. Detached accessory uses shall meet the requirements of Section 5.2.2(B)(4) of the UDO, which allows certain structures to encroach into required setbacks. However, in no case shall any accessory structure be located closer than 5 feet to a required buffer or other protected areas.

A building permit is required for accessory structures located on one or two family dwelling lots; however, accessory structures with no dimension greater than 12 feet are exempt from the building permit requirement (NC Residential Code, Section R101.2). This exemption from the requirement for a building permit is not applicable for any associated plumbing, electrical wiring, or mechanical system installations. Town of Apex Zoning Code regulations pertaining to setbacks and yard lines are also applicable as indicated in the zoning regulations for particular subdivisions or parcels. Subdivision covenants are legal agreements that may, at times, be more restrictive than the state or local ordinances. Property owners should review any covenants that may apply prior to any work. The covenants are not governed by the Town but must be considered with any project.

Apex Peakway
The Town constructed the section of the Apex Peakway from Center Street to Old Raleigh Road. The Town is also in the process of providing two major sections using funds designated in the 2004 Transportation Bond Referendum. These sections include Olive Chapel Road to South Salem Street and Hillcrest Road to North Salem Street. Other sections of the Apex Peakway will be constructed through private development individually or in partnership with the Town as development occurs. The Apex Peakway is ultimately planned as a four-lane median-divided road. However, it is planned in the interim as a two-lane road on a wide right-of-way to allow for widening when needed in the more distant future.

Applications
Planning oriented applications and forms are available in the Apex Planning Department at the Town Hall or at Planning – Applications and Forms online.

Assessments
The Town of Apex does not have any assessments at this time.

Decks
All property owners shall submit a Deck Plan Check List with $60 plan review fee to Construction Management at the Town Hall.

Decks must follow the guidelines listed for accessory structures in the Unified Development Ordinance (UDO). See Accessory Structures above.

Easements
An easement is the right to use property owned by another individual for specific purposes or to gain access to another property. Easements may be used for the construction of utilities, roadways, or conservation areas. More information on easements can be found through the Public Works department.

Fences
Fences are artificially constructed barriers intending protection, screening, or boundary. Refer to Section 8.2 of the Unified Development Ordinance (UDO) for standards and diagrams on “Landscaping, Buffering, and Screening.”

What materials can you use?
1) Fences or walls shall be constructed of wood, stone, brick, decorative concrete block, wrought iron, (or products created to resemble these materials), or a combination of any of these materials. Chain link fencing is allowed provided it meets the standards listed below.
2) All fencing shall be finished on the side facing a public right-of-way or adjacent properties.
3) Materials such as, but not limited to, plywood, particleboard, sheet metal, concrete slabs, or concrete barriers shall not be used for fencing or for walls.
4) Chain link fencing shall be coated in black, brown, or dark green vinyl or equivalent and shall not utilize slats. In residential zoning districts, chain link fencing is only allowed in the side and/or rear yards of individual lots and is not allowed to be used by the developer of a subdivision for buffering and screening.
5) Barbed wire and similar fence materials may only be used in conjunction with a permitted agricultural use or in conjunction with the permitted keeping of horses or livestock. Up to 2 feet of barbed wire can be erected on top of another fence type as a safety function for industrial and utility uses.

What are the size requirements for a fence?
1) No freestanding fence or wall shall exceed seven feet in height including piers, posts and finials. Non-residential fences or walls may be higher for security and/or screening purposes with approval by the Planning Director, after taking into account topography, unique site conditions, and unique safety, security, and screening requirements of the property owner.
2) Fences and walls including piers, posts, and finals in front yards shall not exceed 48 inches in height.
3) Fences and walls shall be allowed in the controlled and limited access highway buffer, throughfare buffer, and streetfront buffer provided that they meet the requirements ofSection 8.2.7(F), “Fences in Required Buffers,” and the height requirements of Section 8.2.7(B)(1) and (2).

How can I use a fence to separate my property from a right-of-way?
Where non-residential fencing or walls will abut a public right-of-way, it shall be set back at least 4 feet from the right-of-way and a minimum of 3 small evergreen shrubs spaced every 20 feet shall be planted on the side of the fence or wall facing the surrounding rights-of-way, walks, parks, trails, or other public use properties. Fencing or walls must provide visual interest through the use of posts and finials.

Are there extra requirements for a fence abutting a right-of-way?
Where a residential fencing or wall will abut a major or minor thoroughfare, it must provide visual interest through changes in fence setbacks or materials, or through the use of decorative posts with finials, or through the use of plants spaced every 20 feet on the side of the fence or wall facing the public throughfare.  Plantings shall not be planted within the public right-of-way.

Can I construct a fence in a buffer?
1) Fences/walls shall be permitted in buffers only where they are planned as an integral part of the buffer. Fences/walls are not allowed in Riparian Buffers per Sec. 6.1.11, except for fences/walls installed by the Town for utility protection. Where there is existing vegetation, the installation of the fence/wall must be done in such a manner as to protect significant vegetation, such as, but not limited to, being hand built and winding around trees. It is not the intent of this section to allow the piecemeal installation of fences/walls in buffers or the installation of private fences/walls that result in completely enclosing sections of buffer inside of a fence/wall or fences/walls.
2) Fences shall supplement and not replace the existing and/or required plantings. Fences shall be set back from the edge of the buffer so that the buffer plantings are located on both sides of the fence, with a minimum of four feet from public rights-of-way. Fences shall be of uniform design throughout the buffer. The property owners association or other entity controlling the buffer shall maintain fences. Privately owned and/or installed fences are not permitted in the buffers except where designed and approved as part of the overall buffer.

Flood Zone
The Federal Emergency Management Agency (FEMA) has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. The delineations are needed to determine which areas require flood insurance. The Watershed and FEMA Map showing FEMA designated 100-year and 500-year floodplains is available for viewing in the Apex Planning Department at the Town Hall.

Greenways
A greenway is a linear park, an alternative transportation route, or an open space conservation area that provides passive recreational activities, pedestrian trails, and/or bicycle trails. Several of the trails go to the American Tobacco Trail, which is a 30 mile Rails to Trails project that stretches from the Eno River in Durham to Bonsal, near the Chatham/Wake County line. Other trails connect residential areas with public parks, public libraries, and other destination points. For more information on the American Tobacco Trail, visit the website at http://www.ncrail-trails.org/trtc/ATT.HTM. Recreational information, as well as the Parks and Recreation Master Plan Map can be found on the Apex Parks, Recreation & Cultural Resources website.

Historic District
The Apex Historic District (view map) is located in downtown Apex and is a National Register Historic District, which includes residential, commercial, and institutional structures. The district’s period of significance is circa 1870-1950. Architectural styles include Queen Anne, Bungalow/Craftsman, Neocolonial Revival, and commercial style. There are a total of over 150 primary and secondary contributing structures. Two properties in the district are listed individually in the National Register of Historic Places. They are the 1914 Apex Union Depot at 220 North Salem Street and the 1911-12 Old Town Hall at 237 North Salem Street.

Home Occupation
A home occupation shall comply with the following standards:

Incidental
The home occupation shall be clearly incidental and secondary to the residential use of the building and shall be confined to no more than 25 percent of the total floor area of the dwelling, or 500 square feet, whichever is less.

Specialized Services
No specialized service, such as, but not limited to, dance instruction, crafts, or music lessons may be provided for a group larger than five persons. No goods, products, or commodities bought for the express purpose of resale shall be sold at retail or wholesale on the premises; homemade items, foodstuffs, and crafts made in the home may be offered for sale on the premises in the RA Rural Agriculture and RR Rural Residential districts only.

Enclosed Building
A home occupation shall be conducted within the principal dwelling or an enclosed accessory structure, and shall not be conducted within any open porch that is attached to and part of the principal structure.

Essential Character
The home occupation shall not change the essential residential character of the use.

Immediate Family
A home occupation use shall be conducted by a member of the immediate family residing in the dwelling unit.

Employees
Only members of the immediate family residing in the dwelling unit may be employed to work for the home occupation.

No External Evidence
No external evidence or sign shall advertise, display, or otherwise indicate the presence of the home occupation, nor shall the street address of the home occupation be advertised through signs, billboards, television, radio, or newspapers.

Sales
A home occupation shall not involve the sale of any stock in trade, supplies, products, or services on the premises.

No Displays
No equipment or materials used in the home occupation shall be stored or displayed outside of the dwelling.

Vehicle
Only one vehicle used in connection with the home occupation shall be stored on the premises. The vehicle shall not be a truck, such as a dump truck, a fuel oil delivery truck, or a wrecker, and no advertising or reference to the home occupation shall be displayed on the vehicle in any manner.

No Mechanical, Electrical, or Other Equipment Which Causes Nuisance
No home occupation shall involve the use of any mechanical, electrical, or other equipment, materials, or items which produce noise, electrical or magnetic interference, vibration, heat, glare, smoke, dust, odor, or other nuisance outside the residential building. There shall be no storage of hazardous or noxious materials on the site of the home occupation.

House Numbers
The proper display of address numbers for a building is as follows:

I-540
See Western Wake Parkway (an extension of I-540 formerly named Western Wake Freeway).

Inspections
The Building Inspection Division is the Town’s regulatory organization for assuring that construction work is conducted in compliance with related Town of Apex Ordinances and the building codes of the State of North Carolina.

What inspections are required?
Because construction projects vary greatly as to their type and scope, no one set of guidelines can offer in-depth detail of the inspection process for all projects. A basic room addition requires footing, foundation, rough-in, insulation, and final inspections, respectively. Details of the required components for each of these inspections are listed in the NC State Building Codes. Additionally, information identifying the readiness of projects for inspection and how to schedule inspections is listed in the publication “One and Two Family Dwelling Construction Policies & Inspection Procedures”. Authorization must be obtained from the Code Enforcement Officer after each inspection to proceed to each subsequent step of construction.

What are the office hours?
The Building Inspection Division’s business hours are from 8am to 5pm Monday through Friday.

How can I schedule an inspection?
Inspections must be scheduled the day before the intended inspection, prior to 3pm. They may be scheduled in person at the Building Inspection desk or may be phoned in at (919) 249-3418. The inspection request should include the type of inspection desired, the permit number assigned to the project, the street address, and/or the subdivision and lot number.

Can I as homeowner do my own work?
In most cases NC State laws pertaining to contractors allow homeowners to obtain permits and perform construction work on their personal home. Please contact the Building Inspection Division for more detailed information.

Intersection Improvements
See Traffic Signal Installation.

Land Use Plan
The Land Use Plan is designed to guide the Town staff and local officials in directing growth that effectively responds to the Town’s needs and priorities. A Land Use Plan map is available for viewing in the Apex Planning Department at the Town Hall or on the Apex Planning website. The map provides designations on how land is to be used or occupied.

Maps
Town maps are located in the Apex Planning Department at the Town Hall.

What maps are on display?
Maps available for viewing in the Planning Department include: 1) Official Zoning District, 2) Corporate Limits and Extraterritorial Jurisdiction, 3) 2025 Land Use Plan, 4) Watershed and FEMA, 5) Residential Infill Development Overlay District, 6)Transportation Corridor, and 7) Apex Transportation Plan.

Which maps are for purchase?
Maps available for purchase of $20 in the Planning Department include: 1) Official Zoning District, 2) Corporate Limits and Extraterritorial Jurisdiction, 3) Land Use Plan, 4) Watershed Protection Areas, and 5) Watershed and FEMA. Maps showing 1) Group Homes and 2) Residential Infill Development Overlay District are available at no charge.

Are maps available on your website?
Maps available for viewing on the Town of Apex website include: 1) Zoning, 2) Corporate Limits, and 3) 2025 Land Use Plan.

Mobile Homes
Mobile home owners shall complete a Permit Application for Manufactured Home as well as meet all regulations in the Building, Electrical, Mechanical, and Plumbing Codes and Zoning. Please contact Construction Management for more information at (919) 249-2418.

Permit Fees and Requirements

What is a building permit?
A building permit is the basic administrative device required by the State of North Carolina that must be obtained prior to construction or alteration of any building or structure, or plumbing, mechanical, or electrical system. In some cases, exemptions from requirements for building permits are applicable, and the Building Inspection Division should be contacted to determine if a project is exempt. (G.S. 160A-417)

When is a permit required?
Typical construction projects requiring permits and inspections include: room additions; decks; roofs over decks; swimming pools greater than 42 inches deep; finishing basements; bonus rooms and attics; lawn irrigation systems; accessory buildings (see next paragraph); all installations or modifications to electrical, plumbing, or heating or air conditioning systems. For more information please contact the Building Inspection Permit Office at (919) 249-2418.

Accessory Buildings

A building permit is required for accessory buildings located on one or two family dwelling lots; however, accessory buildings with no dimension greater than 12 feet are exempt from the building permit requirement. (NC Residential Code, Section R101.2). This exemption from the requirement for a building permit is not applicable for any associated plumbing, electrical wiring, or mechanical system installations. Town of Apex Zoning Code regulations pertaining to setbacks and yard lines are also applicable as indicated in the zoning regulations for particular subdivisions or parcels. Subdivision covenants are legal agreements that may, at times, be more restrictive than the state or local ordinances. Property owners should review any covenants that may apply prior to any work. The covenants are not governed by the Town but must be considered with any project.

Also see Accessory Structures.

How do I obtain a building permit?
The process for obtaining building, electrical, plumbing, or mechanical permits begins with completing and filing a Permit Application for One and Two Family Dwellings or a Permit Application for Single Trade Construction. Additionally, applications for “building” permits (new buildings or additions) must be accompanied by a completed One and Two Family Dwelling Checklist. These documents are available at the Building Inspections Office, 73 Hunter Street, Apex, NC and online.

How long does it take to receive a permit?
Upon receipt of a permit application and/or plans, the plan review staff will review the information for technical content and completeness. After determining that all necessary information has been supplied, approval for the issuance of the permit will be authorized and the applicant will be notified that the permit is ready to be purchased and picked up. The review process may take only a few minutes to review the application for a single trade mechanical or electrical permit, and as long as one to ten working days for review of building construction plans for decks, porches, additions, and new homes depending on work load. In every case the review time will be as short as possible.

How much does a permit cost?
Please see our Fees Page for permit costs.

Can I as homeowner do my own work?
In most cases NC State laws pertaining to contractors allow homeowners to obtain permits and perform construction work on their personal home. Please contact the Building Inspection Division for more detailed information.

Population
For current population information, please refer to the monthly Apex Development Report.

Rezoning Process
Prior to submitting a rezoning petition, it is recommended that all applicants meet with a planner in the Apex Planning Department at the Town Hall. Zoning review schedules, along with rezoning applications, are available in the Planning Department.

Rezoning applications are typically due the first working day of the month with the following requirements: 1) 2 copies (one with original signature) of the Petition to Amend the Official Zoning Map ($600 fee), 2) 2 copies of the Wake County Tax Map, 3) legal description (written metes and bounds), 4) stamped envelopes addressed to all required property owners, 5) certified list of property owners, 6) Conditional Use Permit Application if applicable, and 7) all application fees. Applications for Conditional Use Permits involve a $200 fee.

The rezoning process is carried out as follows: 1) Petition submittal by 5:00 on appointed date, 2) staff review for completeness, 3) staff report written for public hearing, 4) staff report sent to applicant, 5) Planning Board meets for first public hearing and makes recommendations to the Town Council, 6) final signed conditions due to Planning Department, 7) Protest Petitions accepted by Town Clerk, and 8) Town Council makes final decision after second public hearing.

For a copy of the Rezoning and Conditional Use Application, visit the Planning Department or click here.

Road Paving, Dirt
Dirt roads are typically paved by developer contributions or by NCDOT’s Secondary Road Improvement Program. The program was established to improve the safety and surface pavement of secondary roads throughout North Carolina. The warrants for paving secondary roads are based on several factors including Average Daily Traffic (ADT), number of school buses, number of homes per mile, and vehicular accidents. To request more information about secondary road improvements, contact the NCDOT Division 5 Office at 560-6851.

Sidewalks
Developers are required to construct sidewalks along both sides of thoroughfares and collector streets that run across or next to their property, and along one side of residential streets within their development, but they are not required to complete improvements beyond their property. The Town has also allocated funds for upcoming sidewalk improvements with Transportation Bond funds.  Other sections will be completed as development occurs.

Section 8.4, “Community Amenities and Pedestrian Flow”, of the Unified Development Ordinance (UDO) applies to all nonresidential development and to residential development in the Planned Unit Development (PUD), Traditional Neighborhood Development (TND), and Mixed Office-Residential-Retail (MORR) planned development districts.

Within all developments subject to Section 8.4, a continuous internal pedestrian walkway shall be provided from the perimeter public sidewalk or right-of-way to the principal customer entrance of all principal buildings on the site.

In addition, sidewalks at least 5 feet in width shall be provided in the following locations: 1) along the street-facing side(s) of any lot that abuts a public street, 2) along the full length of the building(s) along any façade(s) featuring a customer entrance, and 3) along any façade(s) abutting public parking areas.

Sidewalk construction costs vary with each particular situation. As conditions vary from one site to another, issues such as topography, location, permitting, engineering, surveying, land acquisition, and environmental constraints can drive the total construction costs well beyond the basic materials and labor cost per linear foot.

Signs

What is a sign?
The Town of Apex defines a sign as an identification, description, animation, illustration, or device, illuminated or non-illuminated, which is visible from a public right-of-way and which directs attention to a realty, product, service, place, activity, person, institution, performance, commodity, firm, business or solicitation, including a permanently installed or situated merchandise or an emblem, painting, banner, poster, bulletin board, pennant, placard or temporary sign designed to identify or convey information, with the exception of state, municipal, national and religious flags.

How are signs regulated?
To help preserve the character of our town by keeping it neat and clean, the Town of Apex regulates signs through its Sign Ordinance. The Ordinance allows temporary signs to be placed on properties that are for sale, rent/lease, or where an activity is taking place. Signs placed at other locations, such as those on other properties or street right-of-ways, directing attention to the sale or activity, are not permitted. All permanent signs and some temporary signs must be Town approved. The Sign Ordinance can be found in Section 8.7 of the Unified Development Ordinance (UDO) located on the Apex Planning website.

Do I need a sign permit?
Section 8.7.1 of the UDO provides a description of signs allowed with permit, without permit, or prohibited for specified locations and conditions.

How much does a sign permit cost?
Sign permits available in the Apex Planning Department at the Town Hall are 1) Master Signage permits for a $100 application fee, 2) Permanent Signage permits for a $50 submittal fee plus $5 for each additional sign, and 3) Temporary Signage permits for a $25 application fee.

Sight Triangle
A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

Site Plan Process, Major
The process for a major site plan can be found at the Flowcharts link on the Apex Planning website. A Major Site Plan Application is also available online.

Site Plan Process, Minor
The process for a minor site plan can be found at the Flowcharts link on the Apex Planning website. A Minor Site Plan Application is also available online.

Storage Sheds
See Accessory Structures.

Street Trees
The planting of street trees is considered a duty of the subdivider as well as good business practice. Street trees are a protection against excessive heat, glare, and exhaust fumes and enhance the attractiveness and value of the property. Street trees are required along all thoroughfares where a subdivision is adjacent to or adjoins such thoroughfare and shall be planted according to Section 8.2, “Landscaping, Buffering, and Screening,” of the Unified Development Ordinance (UDO). Species selection must be approved by the Town and may be required to follow an established street tree-planting plan. It is recommended that street trees be planted in all subdivisions. Where no existing trees remain, the developer shall plant a minimum of one street tree per lot (one tree per street frontage – two trees on a corner lot). Trees shall be planted inside the property lines where they are less subject to injury, decrease the chance of motor accidents, and enjoy more favorable conditions for growth.

Subdivision Plat Process
The process for a subdivision plat can be found at the Flowcharts link on the Apex Planning website. Minor and Final Subdivision Plat Applications are also available online.

Traffic Signal Installation
Any intersection of two roads where at least one of the roads is a state controlled road cannot have a traffic signal until the NCDOT finds that the signal is warranted. Warrants for signalization include thresholds for traffic volumes, number and severity of traffic accidents, and pedestrian volumes. Additional development may require a traffic signal to be installed and often turn lanes are required to be built as part of the development approval process. The Town has also allocated funds for upcoming intersection improvements with Transportation Bond funds. 

Transportation Construction
Some projects are paid for by the NCDOT Transportation Improvement Program (TIP) which receives funding through gas tax revenues. Other projects including but not limited to sidewalks, local roads like the Apex Peakway, and some intersection improvements are paid for by the Town. The majority of local transportation projects are provided by developers as land is developed in response to the need for access and to serve increased traffic. The timing of NCDOT and Town of Apex funded projects are typically tied to annual improvement programs. The timing of developer-funded projects is tied to the land being developed, so improvements are not implemented until development is underway. 

Infrastructure construction costs vary with each particular situation.  As conditions vary from one site to another, issues such as topography, location, permitting, engineering, surveying, land acquisition, and environmental constraints can drive the total construction costs well beyond the basic materials & labor cost.

Triangle Transit Authority

Bus Service
There are a number of factors considered when determining new bus routes and stops for the Town of Apex. Sustainable development patterns, walkable communities, and higher density development create destinations that will support transit. Due to the extensive capital costs involved, TTA must justify new routes by estimating ridership. One way to support bus transit and identify ridership is to promote a rideshare program for the community. For more information on bus service, contact TTA Senior Transportation Planner John Tallmadge at (919) 485-7430, e-mail him at jtallmadge@rideTTA.org, or visit TTA’s website at http://www.ridetta.org. For more information on the rideshare program, contact TTA’s Rideshare division at (919) 485-7465 or visit TTA’s website at http://www.ridetta.org.

Rail Service
The initial project is a Regional Rail Transit System supported by shuttle and local bus service.  This service, planned to be operational by 2009, would use self-propelled diesel rail cars using existing railroad tracks to connect Durham, RTP, Cary, and Raleigh.  Twelve rail stations will link three downtowns, three universities, the Research Triangle Park and other destination points.

Future extensions would include expanding bus and vanpool service to serve the smaller towns like Apex.  In the future, as ridership grows and funding becomes available, regional rail could be extended where rail corridors exist and an operating agreement with the railroads can be negotiated.  Possible future destinations for long-term rail extensions include the Town of Apex.  For more information on ridership forecasting, contact TTA Senior Transportation Planner-Modeling Joseph Huegy at (919) 485-7416, e-mail him at jhuegy@ridetta.org, or visit TTA’s website at http://www.ridetta.org. For more information on expanded bus and vanpool service, contact TTA Senior Transportation Planner John Tallmadge at (919) 485-7430 or e-mail him at jtallmadge@rideTTA.org.

Variances
Variances are deviations from the dimensional standards in the applicable zoning district. When owing to special circumstances or conditions (like exceptional topographical conditions, narrowness, shallowness, or the shape of a specific piece of property), the literal enforcement of the provisions of the Unified Development Ordinance (UDO) would result in peculiar and practical difficulties to, or exceptional and undue hardships, on the owners of the property, and the deviation would not be contrary to the public interest. No variances from the schedule of permitted uses or special uses applicable in a zoning district shall be allowed pursuant to the terms of Section 2.3.8 of the UDO.

Variance review schedules, along with variance applications, are available in the Apex Planning Department at the Town Hall or by clicking here.

Variance applications are typically due the first working day of the month with the following requirements: 1) 2 copies (one with original, notarized signatures) of the Application of Variance, 2) plot plan or site plan, 3) envelopes addressed to each of the property owners of the land subject to the application and all property owners within 300 feet of the land subject to the application, 4) signed affidavit with a certified list of property owners of the land subject to the application and all property owners within 300 feet of the land subject to the application, and 5) Variance Application Fee ($250).

The rezoning process is carried out as follows: 1) Application submittal by 5:00 on appointed date, 2) staff review for completeness, 3) staff report written for public hearing, 4) staff report sent to applicant, 5) Board of Adjustment holds public hearing, and 6) Board of Adjustment makes final decision. If the variance is approved, an application for a Certificate of Zoning Compliance must be applied for and approved within 12 months of the date of approval; otherwise the variance permit shall automatically become null and void.

Western Wake Parkway (an extension of I-540 formerly named Western Wake Freeway)
The Western Wake Parkway (an extension of I-540 formerly named Western Wake Freeway) construction is scheduled to begin in the year 2008. This section of the Outer Loop extends from US 1 in Apex north to NC 55 (10.1 miles) near Morrisville with a construction cost of $120 million. It is expected to take approximately 3 years to complete. The section from NC 55 south of Apex to US 1 (2.3 miles) is still unfunded, but it has an estimated cost of $25 million. Contact Art McMillan with NCDOT at (919) 250-4016 for more information. You can also visit NCDOT’s website to view a project map at http://www.ncturnpike.org/projects/Western_Wake.

Zoning District
Any section of the town for which the regulations governing the use of land and the use, density, bulk, height, and coverage of buildings and other structures are uniform is known as a zoning district. A map of Zoning Districts is available in the Apex Planning Department at the Town Hall.

Zoning Violations
Any property which is not complying with the zoning regulations expressed by the Unified Development Ordinance (UDO) may be in violation. Notification by the Town will be sent to the property in violation. A copy of the UDO is available on the Town of Apex website.

Zoning violations can be reported to the Apex Planning Department at (919) 249-3426.