Apex Town Code Sec. 13-62 limits Mobile Food Vendors to (a) private property with written owner permission, (b) Town-owned property with the Town Manager's written approval, and (c) parks under Sec. 13-52(13) and 13-53(b). Mobile Food Vendors are prohibited in residentially zoned areas, on any public right-of-way, required buffer, paved street, ADA space, or fire lane. Sec. 13-63 sets operating hours of 6 a.m. to midnight, requires a 10-ft clearance from buildings, vehicles, and combustibles, caps onboard LP gas at 200 gallons, prohibits outdoor seating tents, and requires a Town fire inspection.
Apex Town Code Chapter 13, Article IV sets out both the locations where food trucks may operate (Sec. 13-62) and the operational standards while they operate (Sec. 13-63). Sec. 13-62 Location Standards: (a) on private property with written permission from the property owner; (b) on Town-owned public property as designated, with prior written approval of the Town Manager or designee — vendors in Town parks must also comply with Sec. 13-52(13) and 13-53(b); (c) except as otherwise provided, Mobile Food Vendors are 'prohibited from vending in any residentially zoned area'; (d) no vendor may operate from, or leave a unit unattended on, 'any public right-of-way, required buffer, paved or traveled portion of a street, handicapped space, or fire lane'; (e) no vendor may locate so as to impede or interfere with pedestrian or vehicular traffic, or obstruct the entrance or exit of any building, and all vendors must observe the Americans with Disabilities Act. Sec. 13-63 Operating Standards: (a) operating hours are limited to 6 a.m. to midnight; (b) approval from the county health department where the commissary restaurant is located is required; (c) at least one lidded trash receptacle for customer use within 10 feet, and any trash within 10 feet must be removed before leaving; (d) at least a Class 2A, 10B or C fire extinguisher (Class K if deep frying), maintained per NFPA standards; (e) 10 feet of clearance from buildings, structures, vehicles, and combustibles on all sides when in service; (f) LP gas capped at 200 gallons individual or aggregate; (g) LP containers within 12 years of manufacture and requalified every five years; (h) carbon monoxide and propane leak detectors required; (i) generators / ignition sources at least 5 feet from LP tanks (metal partition if minimum distance not met); (j) Town Fire Marshal inspection required; (k) no outdoor seating area (tents, tables, chairs, booths, bar stools, benches, stand-up counters); (l) no continuous amplified sound — any amplified sound must comply with Town Code Sec. 14-31; (m) all signage must comply with the UDO; (n) no drive-through window; (o) only the goods listed in the permit may be sold; (p) no federal, state, or local law violations; (q) permit must be displayed in clear view of customers and produced on demand. Sec. 13-69.3 exempts farm / dairy producers, 501(c)(3) charitable operations, services invited by a resident or HOA, one-time Town-approved special events, Town-approved farmer's markets, and Town-issued temporary use permits — but operating standards in Sec. 13-63 still apply to exempted vendors. Apex does not publish a fixed buffer distance from brick-and-mortar restaurants.
Operating outside Sec. 13-62 locations, outside the 6 a.m. – midnight window, or in violation of any Sec. 13-63 operating standard is a Sec. 13-69.4 violation. The Town may pursue both criminal enforcement (Class 3 misdemeanor under NCGS 14-4) and civil remedies. Permit revocation under Sec. 13-69.1 for repeated nuisance operation or breach of permit conditions.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Apex, NC
Apex does not have a code provision specifically prohibiting or permitting artificial turf in residential or commercial landscapes. Where landscape material ...
Apex, NC
Apex does not mandate native plants in private landscapes but actively promotes them. The Town's Plant the Peak program installs native trees on residential ...
Apex, NC
Rainwater harvesting is legal and encouraged in Apex. North Carolina state law prohibits local governments from banning cisterns and rain barrels used for ir...
Apex, NC
Apex UDO Sec. 4.5.6 permits one Accessory Apartment per single-family lot. Attached accessory apartments have no size limit. Detached accessory apartments ar...
Apex, NC
Federal law preempts municipal regulation of the airspace over Apex. Recreational flyers operate under 49 U.S.C. § 44809 (visual line of sight, below 400 ft ...
Apex, NC
Apex does not require a Town permit or license for a residential garage / yard sale of personal household items. A garage sale by a resident is not 'Transien...
Side-by-side rule comparisons with other cities in Wake County.
See how other cities in Wake County handle vending zones.
See how Apex's vending zones rules stack up against other locations.
Quick Compare
Help us keep this page accurate. If you notice an error or outdated information, let us know.