For purpose of this title, the Village is divided into the following districts:

1)

E1: Single-family residential district.

2)

R1: Single-family residential district.

3)

R2: Single-family residential district.

4)

R2A: Single-family residential district.

5)

R3: Multifamily residential district.

6)

B1: Central business district.

7)

B2: Shopping center business district.

8)

B3: Fringe business district.

9)

B3R: Fringe business residential district.

10)

M: Limited manufacturing district.

11)

A-1: Agricultural district.

12)

PO: Park and open space district.

(Ord. No. O19-05-06, § 3, 5-21-2019)

1)

General. The boundaries of each zoning district are established as shown on the official zoning map of the Village of Cary. In the event that map conflicts with the ordinance establishing the zoning for that tract, then the ordinance controls. Whenever uncertainty exists as to the boundaries of districts shown on the map, the following guidelines shall apply. Boundaries indicated as approximately following the centerlines of streets, utility easements, railroad lines, streams, property lines, or the Village limits shall be construed as following such lines. Where the boundaries appear to follow two (2) or more of the above features, the boundary shall be construed to favor the interpretation that resolves the issue in the context of the broader area.

2)

Divided lots. Where a boundary divides a lot or tract 0.5 acres or less in size, the lot shall be construed to lie entirely within the zoning district in which the majority of the lot resides. Where a district boundary divides any lot greater than 0.5 acres, each part of the lot so divided shall be developed consistent with the regulations of the district in which it lies.

3)

Fractional requirements. When a requirement of this title, other than that determining density, results in a fraction of a unit, a fraction of 0.5 or more shall be considered a whole unit, and a fraction of less than 0.5 shall be disregarded. In determining density, any fraction shall be disregarded.

4)

Automatic classification of certain annexed territory.

a)

When territory is annexed to the Village and the zoning classification of that territory is not established in accordance to the terms of an annexation agreement, such territory shall be automatically zoned to the most restrictive district consistent with the size of the lots. Lots will be zoned consistent with the following table:

b)

Any lots which cannot meet the use or dimensional requirements for the district shall be accorded nonconforming status, and may continue to exist, or must abate consistent with the provisions of this section.

(Ord. No. O19-05-06, § 3, 5-21-2019)

The boundaries of the zoning districts designated above are established as shown on the map entitled "Official Zoning Map of the Village of Cary." The map and any amendments to it, as well as any explanatory matter accompanying it, shall be made a part of this title.

(Ord. No. O19-05-06, § 3, 5-21-2019)

1)

Single-family residential districts (E1, R1, R2, R2A).

The single-family residential districts are designed to accommodate single-family detached residential uses, other than mobile homes, on lots or parcels having different dimensional requirements. These districts may also accommodate some institutional uses which directly serve the single-family residential community, and which provide it with a sense of neighborhood, such as schools and churches.

2)

R3: Multifamily residential district.

The multifamily residential district is intended to accommodate multifamily and single-family attached residential uses. It also may accommodate some other moderately intensive uses that can be sited without posing an adverse impact on the multifamily and single-family attached residential uses. It also may accommodate some group homes and care facilities which need a stable residential area in order to foster the adjustment of persons back into the community. It allows a broader range of institutional uses than would be allowed in the single-family residential districts.

3)

B1: Central business district.

The B1 district is designed to accommodate the needs of the existing central business district with a broad range of office and retail uses, substantial limitations on storage uses, and some incentives for multifamily residential use. The district recognizes the zero-lot line nature of past development. It makes allowances for residential redevelopment of stories above the ground floor. It recognizes the importance of the architectural elements in contributing to the ambience and health of the district.

4)

B2: Shopping center business district.

The B2 district is designed to accommodate general retail and selected service uses in shopping centers. These districts are intended to be nodal in nature. These areas should be located at the intersection of arterials, or arterials and collectors. They are not intended for development on small tracts adjacent to and along arterials.

5)

B3: Fringe business district.

The B3 district is designed to accommodate general retail and service uses along major arterials. The district is intended to serve as a transition between major highways, such as U.S. 14, and single-family residential uses. These districts should be located along selected major arterials, particularly those where some general retail and service uses have already occurred, and where the use of the district would encourage an infill of those commercial uses. The district provides for adaptive reuse of structures formerly in residential or industrial use, and the development of vacant parcels that are too small for shopping centers. The district is also intended to serve as a transition between the central business district and the single-family residential uses. Because of these transitional functions, it is viewed as a fringe district. The B3 district recognizes that some strip commercial development may be appropriate.

6)

B3R: Fringe business residential district.

The B3R district is designed to further the purposes of the B3 district. In addition, it recognizes that this area has some particularly attractive architectural features which should be retained, that redevelopment and changing uses in the area might pose a greater impact on the surrounding residential area because of its close proximity and for that reason the range of permitted uses needs to be narrower, and that single-family residential uses currently exist and are encouraged to remain.

7)

M: Limited manufacturing district.

The purpose of the manufacturing district is to accommodate a range of industrial, institutional, wholesale, and storage needs. It may also accommodate some "difficult to site" uses that are needed in the community. Industrial uses must meet performance standards.

8)

A-1: Agricultural district.

The agricultural district is designed to accommodate agricultural, forestry, passive recreation, parks, and mining and mineral extraction uses.

9)

PO: Park and open space district.

The park and open space district is established to distinguish lands owned or maintained by the Village, the Cary Park District, and other responsible entities, that provide for a wide range of recreational, conservation, and open space needs of the Village, and which serve to provide community-based recreation needs, as well as preserving unique landscapes, natural areas, and open spaces. The PO district protects open space for a wide range of active and passive public outdoor recreational uses, including indoor uses (as allowed with the granting of a conditional use permit by the Village Board) and other ancillary or accessory uses, and eliminates the ambiguity of maintaining park lands and facilities in unrelated use districts.

(Ord. No. O19-05-06, § 3, 5-21-2019)

The following table of dimensional standards addresses the dimensional requirements (also known as the bulk standards) applicable to the development or use of a lot in a given district. The Director of Community Development may allow the minimum front, side, or rear setbacks to be reduced by up to twenty (20) percent where he/she finds that any use established as a result of the deviation is unlikely to pose a significant adverse impact on the lots adjacent to the yard that is subject to the deviation.

a)

If all other lots on same side of street in block are in a residential district, or if lot is across from a residential district, then same as residential district.

b)

If the lot is adjacent to a residential district, then same as residential district if residential district requirement is more restrictive.

c)

See Chapter 4 Section 9.

d)

Structures above thirty (30) feet in height shall be set back an additional two (2) feet for every foot above that height. The maximum height for properties in the PO District which are less than forty (40) acres shall be thirty (30) feet.

e)

A lot in the R3 district may be subdivided for attached single-family residential uses consistent with Chapter 4.

f)

The setback may be increased to up to thirty (30) feet if necessary to make it consistent with existing setbacks of other principal structures on the block.

g)

Playgrounds and associated structures and trails are exempt from the setback requirements.

h)

Porous paving materials are exempt from lot coverage requirements in the Park and Open Space District.

i)

In all residential zoning districts areas devoted to porous paving material, permeable brick paving systems, or similar construction material, as determined by the Director of Community Development, shall be reduced in area by twenty (20) percent when calculating the overall lot coverage.

j)

Elementary schools, junior/middle schools and high schools may be allowed to increase the maximum building height of the principal building from thirty (30) feet to fifty (50) feet for building space not intended for occupancy. The portion of the structure above thirty (30) feet in height shall be set back an additional two (2) feet from the required yard setback for every one (1) foot above thirty (30) feet.

k)

Lot coverage of up to seventy-five (75) percent allowed for permitted and conditional non-residential uses.

(Ord. No. O19-05-06, § 3, 5-21-2019)

The following uses shall be permitted in the applicable districts as indicated in the Table of Permitted Uses, found at the end of this section.

1)

Permitted uses. Except as provided below, uses which are marked by an "X" in the table shall be allowed with a zoning permit.

2)

Conditional uses. Uses which are marked by a "C" in the table shall be allowed with a conditional use permit.

3)

Uses not permitted. Uses not marked by either an "X" or "C" in the table are not permitted. Uses not permitted are prohibited.

4)

Uses not listed. In the event that a use is proposed that is not listed in the table, the Director of Community Development shall determine if the use is the same or similar to a use listed in the table. If it is, he or she shall treat the use in the same manner as the "similar" use. If not, he or she shall treat the use as not permitted.

5)

More than one (1) use on a lot. Where a single business entity proposes to or is engaged in more than one (1) principal use on a lot, or where two (2) or more uses are located on one (1) lot, each use must be a permitted use in the district in which it is located.

*Indicates that some uses in this category may be exempt from local zoning control under State or Federal law.

(Ord. No. O19-05-06, § 3, 5-21-2019; Ord. No. O19-11-02, § 4, 11-19-2019; Ord. No. O21-12-09, § 4, 12-7-2021; Ord. No. O22-07-04, § 2, 7-19-2022)