Residential Code Compliance Information

The Town of Fuquay-Varina, in an effort to keep our town safe and healthy, and reduce code compliance issues, as well as educate citizens about the different areas of complaint, has compiled this list of common code violations.

Common Violations & Related Regulations:

Grass and Vegetation Nuisances - Prohibited

Tall Grass

  • A place of heavy growth of weeds or grasses over eight inches in height which lies less than 100 feet from any street or which lies less than 100 feet from any adjoining property which contains a structure. The nuisance shall be cleared and cut not more than three inches in height.
  • A place of vines, shrubs or other vegetation over eight inches in height when such vines or vegetation lie less than 100 feet from any adjoining property line which contains a structure.
  • A place of growth of noxious vegetation, including poison sumac, poison ivy or poison oak, in a location that may be accessible to the general public.
  • For a more complete listing of Grass and Vegetation regulation, please refer to the Town of Fuquay-Varina Municipal Code of Ordinances §8-4002, Nuisances Prohibited; Enumeration.

Trash Nuisances - Prohibited


trash 2

  • Any condition which is a breeding ground or harbor for mosquitoes, rats, snakes, or other pests.
  • An open place or concentration of combustible items such as mattresses, boxes, paper, automobile tires and tubes, trash, refuse, brush, clothing, rags or any other combustible materials or objects of a like nature.
  • An open place of a collection of garbage, food waste, animal waste or any other rotten or putrescible matter of any kind.
  • Any furniture, appliances, automotive parts or pieces or other wood or metal products of any kind or nature openly kept which have jagged edges of metal or glass, or areas of confinement, or areas which may provide a habitat for rats, snakes, insects or other pests.

Bulk Items, Appliance and Electronics Pickup

  • Bulk Items - Pick up is on Monday. Bulky item pickup, for items that are too large to fit in your garbage cart, MUST be scheduled. Requests should be made by 5 pm on Friday. Please place bulky items curbside after 7 p.m. on Sunday evening to ensure pickup. There is no fee for this residential customer service. The town does not collect construction materials, treated wood, pallets or hazardous waste materials.
  • Appliance and Electronics Pickup - The Town of Fuquay-Varina picks up appliances for a $10, pre-paid fee, for each appliance. The Town also picks up electronics for a $10, per visit, fee. Pickup MUST be scheduled and paid for by Friday at 5 pm at the Finance Office located at 134 N. Main Street. Pick-up is on Monday unless otherwise noted. Please place appliances/electronics curbside after 7 p.m. on Sunday evening to ensure pickup.
  • For a more complete listing of regulations related to Trash, please refer to the Town of Fuquay-Varina Code of Ordinances §8-4002, Nuisances Prohibited; Enumeration.

Stored and Dismantled Vehicles - Prohibited

junk

  • Each vehicle shall display a current and valid license plate in accordance with General Statute Chapter 20.
  • A residential lot shall be permitted only one (1) stored vehicle that is not screened from view by an opaque fence or evergreen planting, or combination of both, from all adjacent properties. If plant material is used, the plant shall be a minimum of four (4) feet high at installation and obtain a minimum height of six (6) feet at maturity.
  • A dismantled vehicle on a residential lot shall be located within an enclosed structure meeting the North Carolina State Building Code regulations or screened from view by an opaque fence or evergreen planting, or a combination of both, from all adjoining properties. The same planting requirements shall apply as outlined for stored vehicles herein.
  • For a more complete listing of Stored and Dismantled Vehicle regulation, please refer to the Town of Fuquay-Varina Municipal Code of Ordinances §9-1255, p, (1), H. Accessory Use, Residential Vehicle Storage/Repair.

Chickens

Chickens

  • Chicken Coop and Pen Permit Applications are available under Related Documents.
  • A Chicken Coop & Pen Permit are Required. A chicken coop & pen permit application must be obtained through the Planning Department that shall include submittal of a plot plan showing the location and dimensions of the chicken coop and chicken pen, with setback dimensions from all property lines.
  • ROOSTERS ARE PROHIBITED.

Maximum Number. The maximum number of female chickens (hens) permitted in accordance with the following standards.

  1. Corporate Limits. The maximum number of hens shall not exceed five (5).
  2. Extraterritorial Jurisdiction (ETJ). The maximum number of hens shall not exceed 10.

Personal Use Only. The use of chickens on a zoning lot shall be for personal use only; no eggs, chicks, adult chickens and process chickens shall be sold. The sale or distribution of compost using chicken manure shall be prohibited.

For a more complete listing of the regulations related to Chickens, please visit: 

Home Occupations (Home-based Business)

Home based business

  • Home Occupation Permit Applications are available under Related Documents.
  • Home Occupations are allowed with approval by the Town’s Planning Department via a letter of zoning compliance. Home Occupations can not conflict with the intent of the property or create negative impacts to the neighborhood.

Only the following uses are permitted as a home occupation:

  1. Childcare Not Requiring State Regulations.
     
    1. Childcare permitted as a home occupation shall be such that it is not regulated by the State of North Carolina.
    2. In no case shall the terms of this Section be construed to exempt an in-home or commercial day care from applicable regulations and licensing of the State.
  2. Salon.
  3. Dog Grooming. No overnight boarding or kennel operations as herein permitted in the Land Development Ordinance.
  4. Office Use. Any administrative or office occupation that does not require a separate permit or inspection from the Town or other governing entity.
  5. Catering Service. Catering service using conventional residential oven/stove only. The owner of the service is responsible for compliance with any Wake County Health Department requirements and must be coordinated with the Town's Inspections Department.
  6. Teacher / Tutor.
  7. Home Crafts. Weaving, pottery, canning.
  8. Art / Services. Photography, tailor, sculptor, painter, computer repair, notary public, small engine repair.
  9. Gunsmith. The manufacturing of firearms as approved and permitted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall be permitted in the Town’s extraterritorial jurisdiction (ETJ) only. This does not include the manufacturing or sale of ammunition.

Fence Regulations

Fence

  • Corporate Limits Fence Material: A fence, in the corporate limits may be constructed of wood, masonry, stone, wrought-iron, black aluminum, synthetic material or chain-link (chain-link must be coated in either black or green plastic).
  • ETJ Fence Material: No fence material shall be prohibited in the ETJ.
  • All fences shall be constructed with the finished side facing out on to a public street or adjacent property.
  • All fences shall be constructed a minimum of three (3) inches inside the property line, except where property owners on either side of the property line consent to placement of the fence on and along the property line.
  • In no case shall a fence be located within a dedicated easement for any purpose, except that a fence can be installed in a dedicated landscape buffer easement. When a fence is installed in a dedicated landscape buffer easement, the fence must be setback at lease eight (8) feet from the property line.
  • A minimum two (2) inch clearance from the bottom of a fence to the finished grade shall be provided, where applicable, to allow for unobstructed passage of water runoff.
  • For a more complete listing of fence regulation, please refer to the Town of Fuquay-Varina Land Development Ordinance §9-1303 FENCE & WALL INSTALLATIONS.

Accessory Structures

accessory structure

  • A permit is required for all accessory structures regardless of size to verify anchoring and zoning compliance.
  • Corporate Limits - A maximum of three (3) accessory structures are permitted on a zoning lot inside the corporate limits of the Town on lots of 0.3 acres or larger. On lots that are less than 0.3 acres, or on lots zoned Residential Mixed-Use (RMU), the number of accessory structures is limited to two (2) per zoning lot.
  • ETJ - There is no maximum number of accessory uses permitted per lot in the ETJ.
  • The maximum square footage for an accessory structure shall include all areas under roof regardless of whether the accessory building is enclosed or just four posts and a roof. One (1) and Two (2) story structures count both floors. Maximum square footage is as follows:

    • On zoning lots less than one (1) acre, the maximum square footage of all accessory structures shall not exceed 10% of the zoning lot square footage.
    • On zoning lots of one (1) acre or more, the maximum square footage of all accessory structures shall not exceed five percent (5%) of the zoning lot square footage.
    • Accessory structures in the Residential Mixed-Use (RMU) zoning district shall not exceed 500 square feet.
  • An accessory structure shall not be erected or placed on a zoning lot without a principal, single-family dwelling unit, on the same zoning lot.
  • Front Setback - Accessory structures must meet front setback, or be in line with, or behind the front of principal building.
  • Side and Rear Setbacks – Accessory structures must be setback a minimum of eight (8) feet from both the side and rear property lines.
  • In the corporate limits, an accessory structure shall not be used for commercial or home occupation purposes; neither shall they be rented, leased or sold separately from the primary structure.
  • For a more complete listing of the regulations related to Accessory Structures, please see: