This Ordinance shall be officially known as the "Land Development Ordinance of the Town of Cary, North Carolina." It also may be called the "LDO" or the "Zoning Ordinance," and is referred to throughout this document as "this Ordinance." This Ordinance shall become effective on July 1, 2003.

This Ordinance is adopted pursuant to authority granted to the Town of Cary by the General Assembly of the State of North Carolina, and especially the Town Charter; North Carolina General Statutes (N.C.G.S. or NCGS or G.S.) Chapter 160D (Local Planning and Development Regulation); G.S. Chapter 113A, Article 4 (Sedimentation Pollution Control); G.S. Chapter 143, Article 21, Part 6 (Floodway Regulation); G.S. Chapter 63, Article 4 (Airport Zoning); G.S. Chapter 136 (Roads and Highways); G.S. Chapter 157 (Housing); G.S. 143, Article 21, Part 1 (Water Supply Watershed Protection); and any special legislation enacted for the Town of Cary as amended.

(Ord. No. 04-001, 1-8-04; Ord. No. 2021-LDO-01, 6-24-21)

   The provisions of this Ordinance are enacted to promote and protect the public health, safety, and general welfare, and to implement the policies of the Cary Comprehensive Plan. The regulations are specifically intended to:

   1.3.8   Maintain and enhance the character of various districts within the Town, in light of their peculiar suitability for particular uses;

   1.3.11   Conserve the natural resources and environmental quality of the Town and its environs; and

(Ord. No. 2021-LDO-01, 6-24-21)

No building or structure shall be erected, converted, enlarged, reconstructed, or altered for use, nor shall any land, building, or structure be used or changed, except in accordance with all of the applicable regulations established by this Ordinance, including the district regulations of Chapter 4, the use regulations of Chapter 5, the dimensional standards of Chapter 6, and the development and design standards of Chapter 7. No lot of record that did not exist on the effective date of this Ordinance shall be created, by subdivision or otherwise, that does not conform to the applicable requirements of this Ordinance.

If any court of competent jurisdiction invalidates any section, subsection, sentence, clause, phrase, word or portion ('portion') of this Ordinance, then such judgment shall not affect the validity and continued enforcement of any other portion of this Ordinance and all remaining portions shall remain in full force and effect. If any court of competent jurisdiction invalidates the application of any portion of this Ordinance, then such judgment shall not affect the application of that portion to any other building, structure, or use not specifically included in that judgment. If any court of competent jurisdiction judges invalid any condition attached to the approval of an application for development approval or the approval of a request for rezoning to a conditional use district, then such judgment shall not affect any other conditions or requirements attached to the same approval which are not specifically included in that judgment. Severability is expressly intended throughout and within the provisions of Chapter 9 even if such severability would result in a situation where there would be less speech, such as by subjecting previously exempt signs to that chapter. Without diminishing or limiting in any way the declaration of severability set forth above, if any section, subsection, sentence, clause, phrase, word or portion of this Ordinance is declared or held to be unconstitutional or invalid by any court of competent jurisdiction, such declaration or holding shall not affect any other section, subsection, sentence, clause, phrase, word or portion of this Ordinance that pertains to prohibited signs, including specifically the prohibition on off-site signs and those signs and sign-types prohibited and not allowed under Section 9.4 of this Ordinance.

(Ord. No. 2010-LDO-01, 1-14-10)

   Any reference to the Planning Department in this Ordinance shall be a reference to the Planning and Development Services Department or any successor department, regardless of name. Any reference to the Planning Director shall be a reference to the Director of the Planning and Development Services Department or any successor department, regardless of name.

(Ord. No. 2019-LDO-03, 10-10-19)

Provisions of this Ordinance may reference or incorporate by reference flood insurance rate maps, watershed boundary maps, USGS quad maps, or other maps officially adopted or promulgated by State and federal agencies. Any reference to such maps is a reference to the most recent officially adopted version of such maps unless otherwise explicitly stated. When zoning district boundaries are based on these maps, zoning district boundaries are automatically amended to remain consistent with changes in the officially promulgated State or federal maps. A copy of the currently effective version of any incorporated map shall be maintained for public inspection by the Planning and Development Services Department.

(Ord. No. 2021-LDO-01, 6-24-21)

   The Comprehensive Plan for the Town of Cary shall serve as the basic policy guide for the administration of this Ordinance. The Comprehensive Plan serves as the statement of goals, recommendations, and policies guiding the development of the physical environment of the Town, its extraterritorial jurisdiction, and any other geographic areas specifically addressed by the Comprehensive Plan. The goals, vision, recommendations, and policies of the Comprehensive Plan may be amended from time to time to meet the changing requirements of the Town and any other geographic areas addressed by the Comprehensive Plan. Any reference to the Comprehensive Plan in effect prior to January 24, 2017 shall be interpreted as referring to the Cary Community Plan adopted on January 24, 2017 and associated documents, as amended. Procedures for amending the Comprehensive Plan are set forth in Section 3.2. The Comprehensive Plan serves as the plan required by G.S. 160D-501.

      All development and redevelopment within the Town and its extraterritorial jurisdiction should be in accordance with the policy direction provided by all of the applicable elements or volumes of the Comprehensive Plan, as adopted or amended by the Town Council. Amendments to the text of this Ordinance (see Section 3.3) and/or rezoning of property (see Section 3.4) may be required in order to ensure compliance with this section.

   The Comprehensive Plan consists of the following documents:

         The Cary Community Plan is a long-range policy document that expresses the Town’s official long-term vision, values, and policies related to a wide range of topics including housing and neighborhoods; economic growth and resilience; economic development; land development and urban form; public transportation facilities and services; and a wide range of municipal public services, including utilities, public safety, environmental protection, solid waste, and others. As such, the Cary Community Plan provides guidance to the Town’s current and future decision-makers regarding land development, capital improvements, public facilities and services, and public programs. It directs growth by providing a policy framework to guide the evaluation and consideration of zoning map and text amendments, annexations, and development plans. The plan is also used to direct provision of public infrastructure, programs, and services, and aid and inform decisions for private sector investment.

         While the Cary Community Plan is primarily a policy-based plan, it also provides overarching guidance for the geographic arrangement of future development. This is provided via a “Future Growth Framework,” expressed in Chapter 6, “Shape”. The Future Growth Framework includes a Future Growth Framework Map that geographically organizes the Town’s physical layout, structure and character into various development categories for residential and commercial uses, mixed use areas, business and employment areas, and open spaces. The plan also provides specialized policy guidance for a number of “Special Planning Areas,” which are geographic subareas of the overall planning area. For each Special Planning Area, the plan provides a unique vision, policies, and a more highly detailed future growth framework and maps.

         The Town’s Comprehensive Transportation Plan consists of Chapter 7, “Move,” and its associated appendices from the Cary Community Plan, together with the 2012 Greenways Master Plan Map and Chapter 6, “Greenways & Trails,” from the 2012 Parks, Recreation and Cultural Resources Master Plan and any associated appendices and updates.

         The following plans are expressly incorporated into the Cary Community Plan and are contained in its Appendix. All of the documents in the Appendix are considered part of the Cary Community Plan and the Comprehensive Plan.

            The Chatham-Cary Joint Land Use Plan covers over eighteen thousand (18,000) acres located east of Jordan Lake in Chatham County. The area is bordered by White Oak Creek to the south, Wake County to the east, Durham County to the north and Jordan Lake to the west. The Plan is an official policy document adopted by the Chatham County Board of Commissioners and Cary Town Council meant to guide future land use regulations, public infrastructure improvements and development. By guiding and limiting future development and infrastructure improvements, the Plan aims to maintain the rural form and character of most of the area, while still accommodating a limited amount of suburban growth in the area closest to Research Triangle Park and the Western Wake Freeway. The plan also seeks to protect water quality in Jordan Lake.

            The Historic Preservation Master Plan provides a framework for the development of the Town’s formal preservation program, and will serve as a guide for proactive preservation decision-making. The Plan synthesizes the Town’s existing preservation efforts with the desires expressed by the community during the planning process, and recommends actions for integrating historic preservation into Town policies and regulatory activities. The scope of this Plan includes the Town’s entire planning area, which includes Cary’s extraterritorial jurisdiction.

            The Parks, Recreation, and Cultural Resources Master Plan charts a course for providing a balanced system of cultural arts, active recreation, passive recreation, and conservation facilities to all residents. It recognizes current needs within the Town and allows for the flexibility to incorporate future facilities that will address trends and the needs of residents as the Town grows.

            The Public Art Master Plan suggests venues, art types, and themes for public art based on public input and an urban design analysis of existing and desired conditions, and identifies numerous educational and outreach programs for implementation.

            The Consolidated Housing and Community development plan provides a framework for the Town to assess its affordable housing and community development needs, and to make data-driven, place-based investment decisions in response to them. The consolidated planning process also serves as the mechanism for community dialogue to identify housing and community development priorities that inform and focus funding from the federal Community Development Block Grant (CDBG) Program and from the Town’s general fund.

   In addition to the Comprehensive Plan, other plans and manuals contain additional recommendations, policies, and standards regarding development within the Town. It is the intent of the Town to administer this Ordinance in accordance with these supplemental plans and manuals, including subsequent amendments. Amendments to these supplemental plans and manuals shall not be required to follow the procedures for amending the Comprehensive Plan set forth in Section 3.2.

      Plans, manuals and ordinances containing recommendations, policies, and standards regarding development within the Town include, but are not limited to, the following:

(Ord. No. 2014-LDO-02, 6-26-14; Ord. No. 2015-LDO-001, 4-21-15; Ord. No. 2017-LDO-01, 1-24-17; Ord. No. 2021-LDO-01, 6-24-21; Ord. No. 2023-LDO-03, 6-22-23)

   The Official Zoning District Map, which is referred to throughout this Ordinance as the "Zoning Map," along with all notations, references, and other information shown thereon, such as zoning districts and extraterritorial jurisdiction, is hereby incorporated into and made part of this Ordinance. As part of this Ordinance, the Zoning Map shall be amended only in accordance with the procedures set forth in Section 3.4 of this Ordinance. The Planning and Development Services Department will keep and maintain the Zoning Map.

   Where uncertainty exists with respect to the boundaries of the zoning districts shown on the Zoning Map, the Planning Director shall use the rules set forth below to interpret the Zoning Map. Appeals shall be made to the Zoning Board of Adjustment pursuant to Section 3.21.

      (C)   Where the Zoning Map shows a district boundary to coincide with a property line or municipal border, the legal property line or municipal border shall be considered to be the district boundary, unless otherwise indicated on the Map.

      (D)   Where the Zoning Map shows a district boundary to not coincide or approximately coincide with any street, alley, railroad, waterway, or property line, and no dimensions are shown, the location of the boundary shall be determined by use of the scale appearing on the Zoning Map.

      (F)   Where the case record conflicts with the Zoning Map, the case record shall control. For example, if the Zoning Map shows a property to be zoned GC, yet the case record shows that the property was actually zoned O&I, the case record would control and the map would be changed to reflect the case record.

   Upon adoption of this Ordinance, land that is presently zoned within an existing zoning classification shall be classified within one of the zoning classifications set forth in Chapter 4, Zoning Districts and as shown in this table. The following table summarizes the transition from old Unified Development Ordinance districts to new districts set forth in this Land Development Ordinance.

 

   Upon adoption of this Ordinance, any land that was subject to a Conditional Use Permit that was approved prior to the effective date of this Ordinance shall continue to be governed by the conditions of the approved Conditional Use Permit as recorded with the Wake County Register of Deeds or Chatham County Register of Deeds, regardless of the property's designation on the Official Zoning Map as a Conditional Use District, Conditional District, or General Use District.

   All provisions of this Ordinance shall apply to all properties that are the subject of Conditional Use Permits approved prior to the effective date of this Ordinance; however, all conditions contained in such Conditional Use Permits shall remain valid until amended, unless such conditions are in conflict with this Ordinance, any federal or state laws, or other existing Town ordinance. In such situations, the more restrictive condition or law shall govern.

(Ord. No. 06-009, 4-27-06; Ord. No. 2021-Code-01, 6-24-21; Ord. No. 2023-LDO-03, 6-22-23)

      (A)   The provisions of this Ordinance shall apply to all land, buildings, structures, and uses thereof located within the corporate limits of the Town of Cary and within the Town's extraterritorial jurisdiction, as identified on the Zoning Map, including land owned by local agencies.

      (B)   If a parcel of land lies within the planning and development regulation jurisdiction of Cary and one or more other local governments, the local governments may, by mutual agreement pursuant to Article 20 of Chapter 160A of the General Statutes and with the written consent of the landowner, assign exclusive planning and development regulation jurisdiction for the entire parcel to any one of those local governments, following the procedure provided in G.S. 160D-203.

   To the extent allowed by law, the provisions of this Ordinance shall apply to all land, buildings, structures, and uses owned by county or federal agencies within the corporate limits of the Town of Cary. Where the provisions of this Ordinance do not apply to such structures and land, such agencies are encouraged to meet the provisions of this Ordinance.

   The provisions of this Ordinance are applicable to the erection, construction, and use of buildings owned by the State of North Carolina under G.S. 160D-913; however, no land owned by the State may be included within an overlay district or a special use or conditional use district without approval of the Council of State.. To the extent allowed by law, the provisions of this Ordinance shall apply to all land, structures, and uses owned or used by the State of North Carolina. Where the provisions of this Ordinance do not apply to such land, structures, and uses, the State is encouraged to meet the provisions of this Ordinance.

   To the extent allowed by law, the provisions of this Ordinance shall apply to all land, buildings, structures, and uses owned or used by Public Utilities (as such term is defined by G.S. § 62-3). Where the provisions of this Ordinance do not apply to such structures and land, such Public Utilities are encouraged to meet the provisions of this Ordinance.

   Property that is located in the Town's extraterritorial jurisdiction and that is used for bona fide farm purposes is exempt from the provisions of this Ordinance to the same extent bona fide farming activities are exempt from county zoning pursuant to G.S. 160D-903. Property that is located in the Town's extraterritorial jurisdiction and that ceases to be used for bona fide farm purposes shall become subject to the provisions of this Ordinance. As used in this section, "bona fide farm purposes" is as described in G.S. 160D-903. As used in this section, "property" means a single tract of property or an identifiable portion of a single tract. For purposes of complying with State or federal law, property that is exempt from zoning pursuant to G.S. 160D-903 is subject to the county's floodplain regulation or all floodplain regulation provisions of the county's unified development ordinance.

(Ord. No. 2011-LDO-04, 11-17-11; Ord. No. 2015-LDO-006, 12-10-15; Ord. No. 2021-LDO-01, 6-24-21)

   This Ordinance is not intended to revoke or repeal any other public law, ordinance, regulation, or permit. However, where conditions, standards, or requirements imposed by any provision of this Ordinance are either more restrictive or less restrictive than comparable standards imposed by any other public law, ordinance, or regulation, the provisions that are more restrictive or that impose higher standards or requirements shall govern. Wherever the provisions of this Ordinance require a greater width or size of yards or courts, a lower height of building, a lesser number of stories, or a greater percentage of lot to be left unoccupied, or impose other standards which are higher than those set forth in another statute, ordinance, or regulation, then the provisions of this Ordinance shall govern. Wherever the provisions of any other statute, ordinance, or regulation require a greater width or size of yard or courts, a lower height of building, a lesser number of stories, or a greater percentage of lot to be left unoccupied, or impose other standards which are higher than those set forth in this Ordinance, then the provisions of such statute, ordinance, or regulation shall govern.

   This Ordinance is not intended to revoke or repeal any easement, covenant, or other private agreement. However, where the regulations of this Ordinance are more restrictive or impose higher standards or requirements than such easement, covenant, or other private agreement, then the requirements of this Ordinance shall govern. Nothing in this Ordinance shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not excuse any failure to comply with this Ordinance. In no case shall the Town be obligated to enforce the provisions of any easements, covenants, or agreements between private parties.

   Any violation of the previous Unified Development Ordinance shall continue to be a violation under this Ordinance and be subject to penalties and enforcement under Chapter 11, unless the use, development, construction, or other activity complies with the provisions of this Ordinance. Payment shall be required for any civil penalty assessed under the previous Unified Development Ordinance, even if the original violation is no longer considered a violation under this Ordinance.

      (B)   No provision of this Ordinance shall require any change in the plans, construction, or designated use of any structure for which a building permit has been issued prior to July 1, 2003.

   All pending projects for which a complete application was submitted and accepted by the Town prior to the effective date of this Ordinance shall be exempt from complying with all provisions of this Ordinance, but shall be required to comply with the previous Unified Development Ordinance. Development plan applications and rezonings received prior to the effective date of this Ordinance that are inactive shall be deemed denied.

   Any nonconformity under the previous Unified Development Ordinance will also be a nonconformity under this Ordinance, as long as the situation that resulted in the nonconforming status under the previous Ordinance continues to exist. If a nonconformity under the previous Ordinance becomes conforming because of the adoption of this Ordinance, then the situation will no longer be a nonconformity.

      (A)   When a lot is used for a purpose that was a lawful use before the effective date of this Ordinance, and this Ordinance no longer classifies such use as either a permitted use or special use in the zoning district in which it is located, such use shall be considered nonconforming and shall be controlled by the provisions of Chapter 10 of this Ordinance.

      (B)   Where any building, structure, or lot that legally existed on the effective date of this Ordinance does not meet all standards set forth in this Ordinance, such building, structure, or lot shall be considered nonconforming and shall be controlled by the provisions of Chapter 10 of this Ordinance.

(Ord. No. 2021-LDO-01, 6-24-21)