Land Development Ordinance - Amended 4-2-2024

Use of all structures and land owned by the Town, or by Town agencies or departments, shall be exempt from the standards of the Land Development Ordinance to the extent permitted by state or federal law. In the public’s best interest, Town structures and u ses shall adhere to the standards and requirements of the Land Development Ordinance to the greatest extent practical.

b. Compliance with the Land Development Ordinance Prior to Development

No structure or part thereof, land or water shall hereafter be used, located, erected, constructed, moved, reconstructed, extended, converted or structurally altered, except for normal repairs of existing structures, without full compliance with the provisions of the Land Development Ordinance and all other applicable Town, State and Federal regulations. For the purpose of the Land Development Ordinance, development or use of land shall include land disturbance activities such as clearing and grading, or otherwise disturbing the existing vegetative cover.

c. Improvements

To ensure that the Town of Fuquay-Varina is providing the citizens and general public adequate level of health, safety and welfare, as expected and required by the North Carolina General Statutes, the Town establishes and requires improvements where or when a property is subdivided, developed, or improved. Such improvements shall include thoroughfare construction; right(s)-of-way dedicated or reservation; utility installation and/or extension; easement(s) recordation; pedestrian facility installation; storm drainage and stormwater management implementation; parking compliance; landscaping compliance and installation; architectural compliance; and/or compliance with any other applicable standards, in accordance with the Land Development Ordinance.

d. Conflict with Federal, State or County Regulations

If the provisions of the Land Development Ordinance are inconsistent with those of the Federal, State or County government, the more restrictive provision shall control, to the extent permitted by law. The more restrictive provision is that which imposes greater restrictions or more stringent controls on development.

e. Conflict with Other Town Regulations

If the provisions of the Land Development Ordinance are inconsistent with one another, or if they conflict with provisions found in other adopted Ordinances or regulations of the Town, the more restrictive provision shall control. The more restrictive provision is the one that imposes the greater restrictions or more stringent controls on development.

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