Planning
Planning
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Planning Frequently Asked Questions (FAQs)

Accessory Structures
Apex Peakway
Applications
Assessments
Business License
Decks
Easements
Events
Family Care Homes
Fences
- What materials can you use?
- What are the size requirements for a fence?
- How far must my fence be from my property line?
- 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
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
Privilege License
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
Small Town Character Overlay District
Special Events
Starting a Business in the Town of Apex
Storage Sheds
Street Trees
Subdivision Plat Process
Traffic Signal Installation
Transportation Construction
Triangle Transit
- Bus Service
- Rail Service
Variances
Western Area Plan
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 Apex Peakway is a loop road around downtown Apex that will eventually run for almost 6 miles. The road is ultimately planned as a four-lane median-divided road; however, it is being constructed 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. It is the only “peakway” in North Carolina, taking its name from Apex’s town motto: “The Peak of Good Living.” Sections of the Apex Peakway are constructed through private development either individually or in partnership with the Town as development occurs.

Currently approximately 4 miles of the Apex Peakway (including the portions of Schieffelin Road that will be incorporated into the future loop) are completed and open to traffic with several other sections planned or under construction. A small section from Anterbury Drive to Tingen Road will be open in 2009, and the section from North Salem Street to New Dover Road is scheduled to be open in 2010. The remaining portions will be constructed as development occurs or through the sale of future transportation bonds.

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.

Business License
The Town of Apex does not require business licenses.  However, if a business is locating to a new building or previously occupied structure, a Certificate of Zoning Compliance Application is required. If a business is proposed to be located within a homeowner’s primary residence, a Home Occupation Permit Application must be submitted and approved by the Planning Department. For more information, please view our brochure Starting a Business in the Town of Apex.

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.

Events
A Temporary Use Permit must be submitted and approved by the town for non-profit and for-profit events.

Family Care Homes
A Certificate of Zoning Compliance application must be completed along with proof of licensure from the NC Department of Health Service Regulation.
 
Unified Development Ordinance Section 4.3 requirements for Family Care Homes:

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 far must my fence be from my property line?
Your fence can be placed up to, but not on or over your property line.  It is recommended that you leave some room between your property line and your fence for maintenance purposes.

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, a non-motorized transportation route, or an open space conservation area that provides passive recreational activities, pedestrian trails, and/or bicycle trails. Greenways connect residential areas with public parks, public libraries, and other destination points.  Greenways are typically constructed as new development occurs; however, some greenway projects are implemented specifically by the Town.

As planned several of the Town's greenways will connect 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.  For more information on the location of current and future greenways, please see the Bicycle, Pedestrian, and Equestrian Plan Map.


Recreational information, as well as the Parks and Recreation Master Plan Map, can be found on the Apex Parks, Recreation & Cultural Resources website.  For more information on the American Tobacco Trail, visit the Triangle Rails-to-Trails 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 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) 249-3418.

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) 249-3418.

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.

Privilege License
The Town of Apex does not require privilege licenses.  However, if a business is locating to a new building or previously occupied structure, a Certificate of Zoning Compliance Application is required. If a business is proposed to be located within a homeowner’s primary residence, a Home Occupation Permit Application must be submitted and approved by the Planning Department. For more information, please view our brochure Starting a Business in the Town of Apex.

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
Sidewalks in Apex are required on both sides of all thoroughfares and collector streets and are constructed by developers along their property frontage as projects occur.  Sidewalks are also required on one side of all new residential streets.  The standard sidewalk in Apex is 5 feet wide and made of concrete.

Because many roads in Apex were built prior to the requirements listed above, a lot of areas lack a complete sidewalk network.  Sidewalks in these areas are typically constructed with money allocated through Transportation Bond funds.  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.

A map showing the existing and proposed pedestrian facilities can be found on the Town’s website.  For more information about sidewalks or to request sidewalks in Apex, contact Reed Huegerich, the town’s Transportation Planner, at (919) 249-3505 or reed.huegerich@apexnc.org.

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 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 link on the Apex Planning website. A Minor Site Plan Application is also available online.

Small Town Character Overlay District
The purpose and intent of the Small Town Character Overlay District (view map) is to repeat the spirit of traditional character rather than imitate style.  The Overlay surrounds Apex’s Historic District.  The Overlay identifies the architectural qualities that define the downtown character and proposes design standards to maintain that character in new and infill projects.  Properties that fall within the STC Overlay District are subject to the regulations and architectural standards in the UDO Section 6.3 when development and redevelopment occurs and the setbacks for lots within the STC Overlay District can be found in UDO Section 5.1. 

Special Events
A Temporary Use Permit must be submitted and approved by the town for non-profit and for-profit events.

Starting a Business in the Town of Apex
Please view our brochure for more information.

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 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

Bus Service
Triangle Transit currently operates 2 bus routes that serve Apex:  Route 305 and Route 311.   Route 305 runs from Lake Pine Plaza near Kroger through Cary to downtown Raleigh.  Route 311 runs from Apex through Research Triangle Park to the Triangle Transit Regional Transit Center.  The 311 has stops in Apex at Scott’s Galaxy Foods, Lake Pine Plaza, and Apex Town Hall.

There are no other planned Triangle Transit bus routes to serve Apex at this time.  A number of factors are considered when determining new bus routes and stops within the Triangle region. Sustainable development patterns, walkable communities, and higher density development create destinations that will support transit. Due to the extensive capital and operational costs involved, Triangle Transit must justify new routes by estimating ridership.  For more information on bus service, contact Transit Service Planner Erik Landfried at (919) 485-7505, e-mail him at elandfried@triangletransit.org, or visit Triangle Transit's website.

Rail Service
Passenger rail service in the Triangle has been a popular topic for many years.  A previous plan to create a passenger rail system connecting the major cities of the Triangle was postponed in 2006 because of a lack of federal funding for the project.  A new plan has resurfaced as a component of a broader multi-modal transportation project for the region.

The Special Transit Advisory Commission (STAC), made up of 38 citizens of the Triangle area, has provided recommendations to both the Durham Chapel Hill Carrboro Metropolitan Planning Organization (DCHC) and the Capital Area Metropolitan Planning Organization (CAMPO) for improved transit access in the Triangle for the future.  The STAC Regional Transit Vision consists of an enhanced region-wide bus network, bus/trolley circulators, and both heavy and light passenger rail service.

The rail component of the project is a passenger rail service that would use self-propelled diesel rail cars on existing railroad tracks to connect Durham, Research Triangle Park, Cary, and Raleigh.  Rail stations would link area downtowns, RTP, and other destination points, with a light rail spur connecting to Chapel Hill.

Other extensions would include expanding bus and vanpool service to serve the smaller towns like Apex.  In the future, as ridership grew and funding became 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 Joe Huegy, Director of the Triangle Regional Model Service Bureau at the Institute for Transportation Research and Education (ITRE) at (919) 513-7378, e-mail him at jbhuegy@ncsu.edu, or visit ITRE's website.

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 Area Plan

See the Western Area Plan Brochure for more information.

Western Wake Freeway (an extension of I-540)
Construction of the Western Wake Freeway broke ground on August 12, 2009.  The freeway is scheduled to be open to traffic within the next three (3) to four (4) years, by 2013.  You may contact the North Carolina Turnpike Authority (NCTA) at (919) 571-3000 or visit the NCTA project website for more information.  The following information is intended to assist local residents with their questions and provide local contact information.

The Western Wake Freeway is a component of Triangle Expressway that forms the western extension of the I-540, the outer freeway loop around Raleigh.  This section of the Triangle Expressway extends from NC 55 near Morrisville south to NC 55 Bypass between Old Smithfield Road and Technology Drive in Apex (12.6 miles) with an estimated construction cost of close to $800 million.  Apex will be served by four (4) interchanges along the route including US 64 Highway, Old US 1 Highway/South Salem Street, US 1 Highway and NC 55 Bypass.  Private development plans have also included an additional interchange at Old Holly Springs Apex Road between US 1 and NC 55 Bypass which may also be constructed.  That interchange would be the fifth one in Apex.  A map showing the planned access points can be found on the Town’s website. For additional information, please see the Western Wake Freeway page.

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 or by filling out the Request for Investigation form.