Commercial 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.
Trash Nuisances - Prohibited
- 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.
- For a more complete listing of Trash regulations, please refer to the Town of Fuquay-Varina Municipal Code of Ordinances §8-4002, Nuisances Prohibited; Enumeration.
Grass & Vegetation Nuisances - Prohibited
- 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 regulations, please refer to the Town of Fuquay-Varina Municipal Code of Ordinances §8-4002, Nuisances Prohibited; Enumeration.
Mobile Restaurant Regulations
- A permit is required for mobile restaurants. Permit applications are located under Related Documents and may be submitted either in person or emailed.
- Permits are valid July 1st to June 30th of the following year and must be renewed annually.
- The permit should be displayed or at least with the mobile restaurant while the mobile restaurant is in operation within Town Jurisdiction.
- A maximum of two (2) mobile restaurants per individual private lot unless part of a permitted Special Event.
- A business may host mobile restaurants a maximum of two (2) days per week.
- A mobile restaurant may operate a maximum of two (2) days per week in the Town jurisdiction.
- Mobile restaurants may operate between 7am and 11pm.
- If hosted by a business, a mobile restaurant may operate only while the host business is open.
- Mobile restaurants should be at least 15’ from a main building entrance, driveway, intersection, ramp, or fire hydrant and may not park on a sidewalk.
- Unless the business is hosting them, mobile restaurants should be a minimum 100’ from the entrance to a restaurant, bar or outdoor dining area and 200’ from another mobile restaurant.
- Mobile restaurants may not use temporary signage or seating.
- Mobile restaurants are not allowed to remain at any business overnight.
- For a more complete listing of Mobile Restaurant regulations, please refer to:
Commercial Sign Regulations
- Sign permit applications are available under Related Documents.
- Signs attached to a building wall or window and freestanding signs require a permit from the Town.
- Temporary signs require a permit from the Town and are not allowed to replace permanent signs.
- Any moving sign or device designed or used to attract attention, which may or may not including flashing or movement, or devices displaying flashing, intermittent or changing degree of intensity lighting, creating a special effect, beacon, flutter, rotation or other movement, set in motion by movement of the atmosphere or by mechanical, electrical or any other means, shall be prohibited. This includes, but is not limited to, feather flags, fin flags, inflatable tube men, pennants and balloons.
- Signs are not permitted in the right-of-way, in sight distance triangles, on utility poles or on roofs.
- Any material not intended for use as a sign, including but not limited to, tires, shall be prohibited for purposes of signage or advertising.
- Sandwich board signs on private property do not require a permit but are limited to six (6) square feet per side and 42 inches in height. They can only be displayed on the private property and during the normal business hours for the business they are advertising.
- Yard signs, including, but not limited to, real estate signs and yard sale signs, on private property do not require a permit. They are restricted to 12 square feet per lot and 42 inches in height.
- No signs or sign structures shall be erected, constructed, or maintained on any utility pole, unless such signs are under the same ownership of the utility pole or with approval of the Town.
- Campaign/Political Signs are allowed in the public right-of-way by NC General Statute G.S. 136-32 during a period beginning the 30th day before the beginning date of "one-stop" early voting and ending on the 10th day after the primary or election day. Campaign signs may be no more than 42 inches in height and no more than six (6) square feet in size.
- For more information regarding Campaign/Political signs, please refer to NC G.S. 136-32.
- For a more complete listing of sign regulations for the Town of Fuquay-Varina, please refer to the Commercial Sign Regulations User Guide
Who Needs a Special Event Permit?
- All businesses and organizations are required to obtain a Special Event Permit for any event that is not part of a business’ or organization’s daily activities.
- Any ABC Licensed businesses having an event outside of their ABC permitted areas.
- Any event which will need more parking than is available on-site.
- Any event that encroaches on Right-of-Way or has an adverse effect on traffic.
- Any event that uses required parking spaces for event space.
- Any event with three (3) or more food trucks.
- Any event using Town property including streets or sidewalks, whether temporarily closed or not.
- Please see the Town’s Special Events page for a complete listing of requirements and procedures.
- *If your event does not require a special event permit, you must still abide by all applicable regulations.
Seasonal Outdoor Sales
- Seasonal Merchant and Seasonal Outdoor Sales Permit Applications are available under Related Documents.
- Seasonal outdoor displays are permitted meeting the provisions of the following standards:
- Limited Display. It is prohibited to display lawn and garden supplies, utility buildings, trailers or other merchandise to be displayed in the parking lot of a non-residential or retail establishment, except that lawn and garden supplies may be permitted in a parking lot under the following standards:
- Conditions to Display. The area designated for retail sale of lawn and garden supplies and plant material shall be identified by the surface of the parking lot area being a different material, such as concrete versus asphalt, or a different color marking the boundary of the designated area for the retail sales.
- Fencing. The area designated for retail sale of lawn and garden supplies and plant material shall have a fence around the perimeter of the designated area.
- Duration of Display. The maximum time the designated area can be used as a display for lawn and garden supplies and plant material is 120 days within a calendar year. The days can be continuous or broken into segments, but in no case shall the display exceed 120 days.
- Permit. The retailer shall apply for the appropriate permit through the Planning Department. The retailer shall identify the beginning date and end date of the display on the application.
- For a more complete listing of regulations related to Seasonal Outdoor Sales, please refer to the Town of Fuquay-Varina Municipal Code of Ordinances §9-1255. p. (1), F, Seasonal Outdoor Sales / Display.
DC-1 & DC-2 Form Based Districts
- The Downtown Center-1 (DC-1) and Downtown Center-2 (DC-2) Zoning Districts are created to encourage development and a greater downtown presence by focusing on land-use, density, architectural continuity and its heritage, and a prime destination within the community of Fuquay-Varina. This zoning district carries with it some unique regulations to assist with this mission. Please refer to the Town of Fuquay-Varina’s Land Development Ordinance for a complete listing of these regulations.
- For a more complete listing of the regulations related to DC-1 & DC-2 zoning districts, please refer to the Town of Fuquay-Varina Municipal Code of Ordinance, Part 9. Land Development Ordinance, Appendix A. DC-1 & DC-2 Form-Based Districts.