Zoning

GENERAL INFORMATION

All properties located within the Wake Forest Town Limits or Extra-Territorial Jurisdiction (ETJ) are subject to the requirements of a specified zoning district. An area within the ETJ is subject to the specified Town’s zoning and building regulations, not the county’s, to enable the Town to better ensure that development patterns and associated infrastructure will allow the efficient provision of urban services as the Town grows into that area.

To verify the zoning of property and permitted uses, contact the Planning Department (919) 554-6140 or you may view the Wake Forest Zoning Map online. If you intend to apply for permits or are considering a rezoning, please contact the Planning Department staff before you submit an application. Also, review the Development Process Flowchart for more information.

The Wake Forest Zoning Ordinance, its regulations and districts, have been made in accordance with a comprehensive plan and are designed to:

  • Lessen congestion in the streets;
  • Secure safety from fire, panic, and other dangers;
  • Promote health and the general welfare;
  • Provide adequate light and air;
  • Prevent the overcrowding of land;
  • Avoid undue concentration of population;
  • Facilitate the adequate provision of transportation, water, sewage, and other public requirements; and
  • Minimize public and private losses due to flood conditions in specific areas.

These regulations have been made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the community.

REZONING PROCESS
Prior to submitting a rezoning petition, it is recommended that all applicants meet with the development services staff in the Planning Department to determine the most appropriate district for rezoning.

The rezoning process is carried out as follows:

1) Petition submittal,

2) Staff review for completeness,

3) Staff report written for public hearing,

4) Planning Board and Board of Commissioners hold joint public hearing,

5) Planning Board makes recommendations to the Board of Commissioners,

6) Board of Commissioners makes final decision after separate meeting (also see the Development Review Flowchart).

A rezoning case may be either for a general use district or a conditional use district. For a general use district, all potential uses authorized under the proposed rezoning district are considered. The Board of Commissioners are not allowed to consider specific site plans or conditions as a basis for a decision regarding a general use rezoning request. 

Conditional Use District rezonings are commonly used where certain types of zoning districts would be inappropriate at particular locations in the absence of special conditions. If a conditional use district rezoning is requested, the owner of the property limits the actual use or uses that could occur under the rezoning and can propose conditions as well as site specific plans as part of the rezoning request. The Board of Commissioners considers these conditions and site specific plans in making a decision on the rezoning.

Protest Petitions
If a valid protest petition is filed in opposition to a rezoning request, the Board of Commissioners cannot approve the request unless it does so by a vote of three-fourths of all members. A simple majority can approve all other requests. To file a valid protest petition, the petition must:

  • Be signed by the owner(s) of either twenty percent (20%) or more of the area included in the proposed zoning map amendment; or
  • Be signed by the owner(s) of property, which represents five percent (5%) or more of a a-hundred-foot-wide buffer extending along the entire boundary of each discrete or separate area proposed to be amended. A street right-of-way shall not be considered in computing the hundred-foot buffer area as long as that street right-of-way is a hundred feet wide or less; and,
  • Written on a form prescribed and furnished by the Town of Wake Forest; and,
  • Bears the actual signatures of the requested number of property owners and states that they protest the proposed amendment; and,
  • Received by the Town Clerk in time to allow at least two (2) normal working days (excluding weekends and legal holidays) prior to the public hearing on the amendment, so as to allow time for municipal personnel to check the accuracy and sufficiency of the petition.

Protest petitions can be picked up at the Town Clerks office at the Wake Forest Town Hall at 401 Elm Ave.


SPECIAL USE PERMITS
Certain uses and developments require a special review by the Planning Board and Board of Commissioners. Typically, Special Use Permits are required for the following types of developments:         

  • Land uses that, because of their inherent nature, extent and external effects, require special care in the control of their location, design and methods of operation in order to ensure protection of the public health, safety, and welfare, and,
  • Major developments that require special review in order to provide regulatory flexibility and performance criteria necessary to ensure i) that there is an efficient use of land and services, ii) that future development is compatible with existing land uses, iii) that a more desirable environment is possible through greater control.

Applications for Special Use Permits shall be filed with the Planning Staff in accordance with current Town policy, schedules and procedures. On acceptance of a Special Use Permit application, the Planning Staff prepares and submits to the Planning Board and the Board of Commissioners a written report containing findings as required in the Wake Forest Zoning Ordinance.

No Special Use Permit shall be approved by the Board of Commissioners unless each and all of the following findings are made concerning the proposed special use:

  • That the proposed use or development is located, designed, and proposed to be operated so as not to be detrimental to the public health, safety and general welfare;
  • That the proposed use is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and similar facilities;
  • That the proposed use will not substantially injure the value of adjoining or abutting property;
  • That the proposed use will not cause undue traffic congestion or create a traffic hazard;
  • That the proposed use will not create undue noise, dust, and gasses;
  • That the proposed use, if developed according to the plan submitted and approved, will be in harmony with the area in which it is located;
  • That the proposed use or development conforms with the general plans for the physical development of the town; and,
  • That the proposed use or development meets all other rules and regulations within the zoning ordinance and all existing Town policies.

VARIANCES & APPEALS
The Board of Adjustment hears and decides appeals and variance requests as prescribed in the Wake Forest Zoning Ordinance. Appeals are heard when it is alleged by an appellant that there is error in any order, requirement, permit, decision, determination, or refusal made by the Zoning Enforcement Officer or other administrative officials in the carrying out or enforcement of any provision of the Wake Forest Zoning Ordinance.

Variances are modifications to the existing Wake Forest Zoning Ordinance permitted by the Wake Forest Board of Adjustment. Variances are considered when strict enforcement of the ordinance (like exceptional topographical conditions, narrowness, shallowness, or the shape of a specific piece of property) would cause undue hardship owing to circumstances unique to an individual property. No change in permitted uses may be authorized by a variance. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with the Wake Forest Zoning Ordinance. Such conditions and safeguards must be reasonably related to the condition or circumstance that gives rise to the need for a variance. A variance shall not be granted by the Board unless and until the following findings are made:

  1. that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the ordinance;
  2. that the variance is in harmony with the general purpose and intent of the ordinance and preserves its spirit; and,
  3. that the granting of the variance secures the public safety and welfare and does substantial justice.

ZONING VERIFICATION LETTERS
Zoning letters are regularly prepared by the planning department.  All letters include zoning information along with any applicable case history. It will also indicate if the property in question is in compliance with the town's zoning requirements.  Additional information is provided upon request. Letters are $25 (per parcel) and requests should be submitted in writing to:


Town of Wake Forest
Attn: Charlie Yokley
301 S. Brooks St.
Wake Forest, NC 27587


Staff Contact
Charlie Yokley, Senior Planner
(919) 435-9517
cyokley@wakeforestnc.gov


Links to Applicable Town Plans & Ordinances


Links