The official title of this document is "The Unified Development Ordinance of Wake County, North Carolina." For convenience, it is referred to throughout this document as "this ordinance" or "this UDO."

The purpose of this ordinance is to:

1-11-1

Promote the health, safety and general welfare of the citizens of Wake County;

1-11-2

Provide a guide for the physical development of the county;

1-11-3

Implement and ensure consistency with officially adopted plans;

1-11-4

Preserve and enhance the overall quality of life of residents, employees and visitors;

1-11-5

Regulate the use of buildings, structures and land;

1-11-6

Control the bulk and scale of buildings and structures;

1-11-7

Ensure adequate light, air, privacy, and access to property;

1-11-8

Maintain orderly and compatible land use and development patterns;

1-11-9

Protect the integrity of watersheds within the county;

1-11-10

Encourage environmentally responsible development practices;

1-11-11

Maintain economically vibrant as well as attractive business and commercial areas;

1-11-12

Retain and expand the county's employment base;

1-11-13

Provide attractive and effective signage that is compatible with the surrounding environment;

1-11-14

Accommodate and promote pedestrian, bicycle and transit use;

1-11-15

Ensure a range of housing choices and options for all segments of the population;

1-11-16

Establish clear and efficient development review procedures; and

1-11-17

Provide appropriate penalties and enforcement mechanisms.

It is intended that decisions made pursuant to this Ordinance will be consistent with both the express terms of this ordinance and with the spirit and intent of the Comprehensive Plan, Transportation Plan, and the Consolidated Open Space Plan.

[Amended on 11/21/2022 by OA-02-22]

This ordinance is adopted pursuant to the statutory authority provided in the North Carolina General Statues (NCGS).

Except as otherwise expressly stated, this ordinance applies to all development, public or private, within the unincorporated area of Wake County, to the extent allowed by law.

Commentary: In accordance with special authority provided by state law, the Raleigh-Durham Airport Authority has adopted and administers its own zoning regulations for lands in and around the Raleigh-Durham International Airport. Wake County processes building permit requests for such lands after receiving a letter of zoning compliance from Raleigh-Durham Airport Authority.

1-15-1

The zoning provisions of this UDO do not apply to property used for bona fide farm purposes, except that:

(A)

Property used for bona fide farm purposes or agriculture activities is not exempt from compliance with the following provisions of this UDO:

(1)

Article 8 Subdivision Design and Improvements;

(2)

Article 9-21 "State Nutrient Management Strategy Rules" of Article 9 Stormwater Management, including State stormwater management rules that implement the Neuse River Basin Nutrient Sensitive Waters Management Strategy (15A NCAC 02B .0235), State stormwater management rules for new development that implement the Falls Reservoir Water Supply Nutrient Strategy (15A NCAC 02B .0277), and State stormwater management rules for new development that implement the Jordan Water Supply Nutrient Management Strategy (15A NCAC 02B .0265);

(3)

Article 10 Erosion and Sedimentation Control, except as set forth in Article 10-13-2 "Exemptions" subsection (A) "Agricultural Activities" and subsection (B) "Forestland Activities";

(4)

Article 11-10 Neuse Riparian Buffers;

(5)

Article 12 Water and Wastewater Systems;

(6)

Article 14 Flood Hazard Areas; and

(7)

Any flood protection regulations required to be imposed by the National Flood Insurance Program.

(B)

Bona fide farms and other farm properties are not exempt from compliance with any flood protection regulations required to be imposed by the National Flood Insurance Program.

1-15-2

Existing or new residences constructed to the applicable residential building code situated on the farm occupied by the owner, lessee, or operator of the farm and other buildings or structures sheltering or supporting the farm use and operation are exempt from the zoning provisions of this UDO.

[Amended on 9/8/2020 by OA-02-20]

This article will become effective April 17, 2006.

The provisions of this ordinance are deemed to be the minimum requirements necessary to carry out the ordinance's stated purpose.

1-18-1

Numbering Style.

(A)

The provisions of this ordinance are organized into the following hierarchical structure:

Articles

Sections

Subsections

Paragraphs

Subparagraphs

(B)

The word "Article" precedes all article numbers.

(C)

The first numerals in a section number (before the first hyphen) identify the article in which the section is located. The numerals following the hyphen identify the section number. Thus, "1-8," indicates Section 8 of Article 1.

(D)

Subsections follow the numbering scheme of section numbers. The first numerals in a section number (before the first hyphen) identify the article. The numerals following the first hyphen identify the section number, and the numerals after the second hyphen identify the subsection. Thus, "1-8-1" identifies subsection 1 of section 8 of Article 1.

(E)

Paragraphs within subsections are identified by capital letters within parentheses.

(F)

Arabic numerals within parentheses are used to identify subparagraphs.

(G)

Small letters in parenthesis identify sub-subparagraphs.

1-18-2

Meanings and Intent.

(A)

The language of this ordinance must be read literally. Regulations are no more or less strict than stated.

(B)

Words and terms defined in Article 21 have the specific meaning assigned, unless the context expressly indicates another meaning.

(C)

Words and terms that are not defined in Article 21 have the meaning given in the latest edition of Merriam Webster's Collegiate Dictionary.

1-18-3

Tenses and Usage.

(A)

Words used in the singular include the plural. The reverse is also true.

(B)

Words used in the present tense include the future tense. The reverse is also true.

(C)

The words "must," "will," "shall" and "may not" are mandatory.

(D)

The word "may" is permissive.

(E)

The word "should" is advisory, not mandatory.

(F)

When used with numbers, "up to X," "not more than X" and "a maximum of X" all include "X."

1-18-4

Conjunctions.

Unless the context otherwise clearly indicates, conjunctions have the following meanings:

(A)

"And" indicates that all connected items or provisions apply; and

(B)

"Or" indicates that the connected items or provisions may apply singularly or in combination.

1-18-5

Headings and Illustrations.

Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this ordinance. In case of any difference of meaning or implication between the text of this ordinance and any heading, drawing, table, figure, or illustration, the text controls.

1-18-6

References to Other Regulations.

All references in the ordinance to other municipal, county, state, or federal regulations are for informational purposes only, and do not constitute a complete list of such regulations. These references do not imply that the county is responsible for enforcing municipal, state, or federal regulations.

1-18-7

Current Versions and Citations.

(A)

All references to documents or to other municipal, county, state, or federal regulations must be interpreted as references to the most current version of such documents or regulations, unless otherwise expressly indicated. If referenced regulations have been repealed and not replaced by other regulations, ordinance requirements for compliance are no longer in effect.

(B)

All references to officials and agencies are intended to be interpreted as references to the official's or agency's most current title or name or to their successors.

1-18-8

Lists and Examples. Unless otherwise expressly indicated, lists of items or examples that use "including," "such as," or similar terms or phrases are intended to identify examples only. They are not to be construed as exhaustive lists of all possibilities.

1-18-9

Delegation of Authority. Whenever a provision appears requiring an officer, employee, board or commission to perform an act or duty, that provision will be construed as authorizing the referenced officer, employee, board or commission to delegate that responsibility to others over whom they have authority.

1-18-10

Public Officials and Agencies. All employees, public officials, bodies, and agencies to which references are made are those of Wake County unless otherwise expressly stated.

1-19-1

Conflict with State or Federal Regulations. If the provisions of this ordinance are inconsistent with those of the state or federal government, the more restrictive provision governs, to the extent permitted by law. The more restrictive provision is the one that imposes greater restrictions or more stringent controls.

1-19-2

Conflict with other County Regulations. If the provisions of this ordinance are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the county, the more restrictive provision governs subject to approval by the county attorney. The more restrictive provision is the one that imposes greater restrictions or more stringent controls.

1-19-3

Conflict with Private Agreements. This ordinance is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. Wake County does not enforce private agreements.

1-20-1

Construction in Progress. The adoption of this ordinance does not require a change in the plans, construction, or designated use of any building for which actual construction was lawfully begun before April 17, 2006 and on which actual construction has been diligently pursued. For the purpose of this provision, "actual construction" includes the erection of construction materials in permanent position and fastened in a permanent manner; and demolition, elimination, and removal of an existing structure in connection with such construction, provided that actual construction work must be diligently pursued until completion of the building.

1-20-2

Approvals Granted Before April 17, 2006. Building permits, variances, Special Use Permits, subdivision plans, site plan approvals, and other similar development approvals that are valid on April 17, 2006, will remain valid until their expiration date. Development may be completed in accordance with such approvals, even if such building, development or structure does not fully comply with provisions of this ordinance. If building is not commenced and diligently pursued in the time allowed under the original approval or any extension granted, then the building, development or structure must meet the standards of this ordinance in effect at the time of re-application.

1-20-3

Applications in Progress Before April 17, 2006. Applications for building permits, variances, Special Use Permits and other similar development approvals that were submitted in complete form and are pending approval on April 17, 2006 must be reviewed wholly under the terms of the ordinance in effect on April 17, 2006. Any re-application for an expired approval must meet the standards of this ordinance in effect at the time of re-application.

1-20-4

Violations Continue. This ordinance consolidates several previous stand-alone ordinances. Violations of those previous ordinances will continue to be a violation under this ordinance and be subject to penalties and enforcement under Article 20. The adoption of this ordinance does not affect nor prevent any pending or future action to abate violations of previous ordinances.

1-20-5

Nonconformities. Nonconformities under the previous zoning ordinance may continue under this ordinance.

1-20-6

Existing Uses. When a use classified as a special use under this ordinance exists as a lawful use on April 17, 2006, such use will be deemed in compliance with this ordinance.

1-20-7

Zoning District Conversions. The zoning map designations in effect on April 17, 2006 are converted as follows:

[Amended on 1/3/2022 by OA-03-21]

A section or provision of this ordinance held by the courts to be invalid does not affect the validity of this ordinance as a whole.

This ordinance supersedes prior zoning and subdivision ordinances.