(A)   Establishment

         The following general use zoning districts are hereby established:

 

      (B)   Hierarchy of General Use Districts

         References in this Ordinance to less restrictive or more restrictive zoning districts refer to the general use districts established above. The above districts are ranked and represent, within the residential and the non-residential categories, a progression from the most restrictive (the "highest" classification) to the least restrictive (the "lowest" classification).

   Lands within the Town and its extraterritorial jurisdiction may be classified into one (1) of the following:

      (A)   General use districts set forth in Section 4.2;

      (B)   One (1) or more of the conditional use districts set forth in Section 4.3;

      (C)   One (1) or more of the overlay districts set forth in Section 4.4.

      (D)   Some lands within a general use district may also be classified as "conditional" when the land was previously designated as a conditional use district prior to July 1, 2003, but which designation was removed concurrent with adoption of this Ordinance. In such cases, any conditions associated with the land remain in effect regardless of the land's current designation as a general use district.

   Where the property is classified in an overlay district as well as either a general use district or a conditional use district, then the regulations governing development in the overlay district shall apply in addition to the regulations governing development in the underlying district. In the event of an express conflict between the standards set forth in Section 4.2 and the standards set forth in Section 4.4 for an overlay district, the standards set forth in Section 4.4 shall control. In the event of an express conflict between the standards set forth in Section 4.4 and the provisions set forth in a particular conditional rezoning, then the more restrictive provision of either shall control.

      (A)   Zoning Designation

      (B)   Effect of Zoning Designation on Nonconforming Lot Status

         Where a legal, conforming lot existing in a residential zoning district at the time the lot was added to the Town's extraterritorial jurisdiction does not contain sufficient land to permit conformance with the lot size or lot width of this Ordinance, such lot may be used as a building site for a single-unit dwelling notwithstanding the limitations set forth in Chapter 10 of this Ordinance. However, all development on such lot shall comply with the setback requirements of Chapter 6 of this Ordinance.

(Ord. No. 2017-LDO-01, 1-24-17; Ord. No. 2021-LDO-01, 6-24-21; Ord. No. 2022-LDO-02, 4-28-22)

   The general use zoning districts contained in this section are intended to:

      (A)   Provide appropriately located areas for residential development that are consistent with the Comprehensive Plan and with standards of public health and safety established by this Ordinance;

      (B)   Protect sensitive environmental and cultural resources;

      (C)   Protect existing neighborhoods and community character;

      (D)   Ensure adequate light, air, privacy, and open space for each residential dwelling, and protect residents from the harmful effects of excessive noise, traffic congestion, and other significant adverse environmental effects;

      (E)   Protect residential areas from fires, explosions, toxic fumes and substances, and other public safety hazards;

      (F)   Ensure the provision of public services and facilities needed to accommodate planned population densities;

      (G)   Provide sites for public, semi-public, and commercial land uses, such as schools, parks, and churches, that are needed to complement residential development or requiring a residential environment;

      (H)   Provide appropriately located areas consistent with the Comprehensive Plan for a full range of office, commercial, and industrial uses needed by the Town's residents, businesses and workers, and protect such uses from the adverse effects of incompatible uses;

      (I)   Strengthen the Town's economic base and provide employment opportunities close to home for residents of the Town and surrounding communities;

      (J)   Minimize any negative impact of commercial and industrial development on abutting residential districts;

      (K)   Ensure that the appearance and effects of commercial and industrial buildings and uses are of high quality and are harmonious with the character of the area in which they are located; and

      (L)   Provide sites for residential, public, and semipublic uses needed to complement commercial and industrial development.

   The specific purposes of the general use zoning districts are set forth below, along with any district-specific provisions that may apply. The allowed uses and use specific-standards for each of the districts are set forth in Chapter 5. All uses shall comply with the general dimensional standards set forth in Chapter 6, or as may be specified elsewhere in the Ordinance, including, but not limited to, Section 4.5.2, Mixed Use Districts and Section 8.4, Alternative Development Option: Cluster Residential Subdivisions.

      (A)   R-80: Residential District

         The R-80 district is established to ensure the protection of open space and to promote very low-density residential development that is compatible with watersheds and other environmentally sensitive areas, subject to appropriate standards. The district also can serve as an appropriate buffer between natural resources and water supply reservoirs and more developed areas. The minimum lot area is eighty thousand (80,000) square feet, and the maximum density allowed is fifty-four hundredths (0.54) units per acre.

      (B)   R-40: Residential District

         The R-40 district is established to accommodate large-lot residential uses and development compatible with the natural landscape. The minimum lot area is forty thousand (40,000) square feet, and the maximum density allowed is one and eight hundredths (1.08) units per acre. The R-40 district can accommodate development on wells and/or septic tanks; but lots within new subdivisions in this district are required to connect to public water and sewer.

      (C)   R-20: Residential District

         The R-20 district is established as a district in which the principal use of land is for low-density residential purposes, and is appropriate in areas where the Comprehensive Plan designation supports very low or low density residential use. All development in the R-20 district shall be required to utilize public utilities. The minimum lot area is twenty thousand (20,000) square feet, and the maximum density allowed is two and seventeen hundredths (2.17) units per acre.

      (D)   R-12: Residential District

         The R-12 district is established as a district in which the principal use of land is for single-unit dwellings, and is appropriate in areas where the Comprehensive Plan supports very low, low or medium density residential use. The regulations of this district are intended to discourage any use that would substantially interfere with the development of single-unit dwellings and that would be detrimental to the quiet residential nature of the district. The minimum lot area is twelve thousand (12,000) square feet, and the maximum density allowed is three and sixty-three hundredths (3.63) units per acre.

      (E)   R-8: Residential District

         The R-8 district is established as a district in which the principal use of land is for single-unit dwellings, and is appropriate in areas where the Comprehensive Plan supports low, medium or high density residential use. The regulations for this district are intended to discourage any use that would substantially interfere with the development, use, and enjoyment of single-unit dwellings or that would be detrimental to the quiet residential character of the district. The regulations of this district also are designed to encourage the wise use of land and natural resources, with the aim of reducing sprawl and the costly provision of infrastructure to serve dispersed development. The minimum lot area is eight thousand (8,000) square feet, and the maximum density allowed is five and forty-four hundredths (5.44) units per acre.

      (F)   TR: Transitional Residential District

         The TR district is established as a district in which the principal use of land is for a variety of residential uses, and is appropriate in areas where the Comprehensive Plan supports medium or high density residential use, with the exception of multi-family structures. This district is appropriate for infill developments smaller than ten (10) acres in established neighborhoods, for denser residential neighborhoods, and for areas identified as supporting medium-density residential uses in Cary’s Comprehensive Plan. The regulations of this district are intended to allow innovation in the arrangement of buildings within such developments. The minimum lot size for detached dwellings is five thousand (5,000) square feet, and the maximum density allowed is six (6) units per acre.

      (G)   RMF: Residential Multi-Family District

         The RMF district is established as a district in which the principal use of land is for multi-family dwellings and also less-intensive residential uses such as patio homes, and is appropriate in areas where the Comprehensive Plan supports high density residential use. This district can be applied to locations that are suitable for multi-family development, and thus provide areas within the community for persons desiring to live in multi-family structures at densities sufficient to support public transit. This district should be located so as to not interfere with or damage environmentally sensitive lands and to ensure that adequate open space and recreational facilities are located nearby, or within the district itself, to serve the needs of the persons who are or will be living in the district. The maximum density allowed is twelve (12) units per acre.

      (H)   RR: Resource/Recreation District

         The purpose of the RR district is to protect and preserve parks, scenic areas, and open spaces, and to protect watersheds and water supplies and to allow public recreational uses. In considering the appropriateness of classifying any property into this district, the Town shall consider the physical pattern of development in the area, topography, and proximity to important natural resources deemed worthy of protection.

      (I)   OI: Office and Institutional District

         The OI district provides for the development of offices and community institutions that have similar development characteristics and require locations close to the more intensive commercial districts. This district requires strict development controls since, in most instances, these districts will be located adjacent to residential districts.

      (J)   GC: General Commercial District

         The GC district is generally intended to allow for uses that provide goods and services to residents of the community. Because these commercial uses are subject to the public view, they should provide an appropriate appearance, ample parking, controlled traffic movement, suitable landscaping, and protect abutting residential areas from potentially negative impacts associated with commercial activity.

      (K)   CT: Walnut Street Corridor Transitional District

            The Walnut Street Corridor Transitional District standards are intended to accomplish the following:

            (a)   Provide for the development of offices, personal service and other compatible uses in the area defined between existing residential neighborhoods and the Walnut Street Corridor;

            (b)   To minimize impacts on adjacent residential uses;

            (c)   To provide a landscape buffer to the residential area;

            (d)   To encourage the conversion of existing structures where practical;

            (e)   To encourage the consolidation of property to facilitate redevelopment and minimize the number of access points to the thoroughfare;

            (f)   To require the provision of cross access where possible;

            (g)   To encourage new development to be of a residential style and proportion; and

            (h)   To ensure compatibility of design in the district, adequate parking, pedestrian and bicycle accessibility, and consistent streetscape treatment.

            Due to the variation in existing character and desired types of future development in various portions of the Walnut Street Corridor, differing land uses, building standards, parking requirements, and other related development standards are imposed within different portions of the Walnut Street Transitional District. In order to present the full range of zoning and development requirements for each different area, this zoning district is divided into such subdistricts as follows:

            (a)   Redevelopment Subdistrict

               Parcels located in the redevelopment subdistrict are the larger, deeper parcels located at the western end of the Walnut Street corridor. These parcels lend themselves to redevelopment and larger sized buildings or conversion to certain non-residential uses. These parcels, if redeveloped, are intended to serve as transitions in size between the intense commercial uses at Cary Towne Center Mall and the adjoining low-density residential neighborhoods. Development is intended to respect the residential appearance of the corridor in this location.

               Parcels located in the Conversion subdistrict are shallower in depth and less affected by development pressure than those parcels adjacent to the mall. The Conversion subdistrict is also more suitable for smaller size buildings and conversion of existing homes to certain low-impact non-residential uses Development and redevelopment should maintain the residential appearance of the central portion of the CT district.

            (c)   Infill Subdistrict

               Parcels located in the Infill subdistrict are at least five (5) acres in size and are currently either undeveloped, contain impermanent structures such as mobile homes, or contain only a single home. The type and intensity of use recommended for this classification is the same as for Corridor subdistrict except that it is expected that new buildings will be constructed.

      The standards listed in the Table below shall only be utilized when there is a change in the use of a property from the use in existence on July 1, 2003. Detail on the allowable uses, and development standards are listed in the table below as well as in Chapters 5 and 6 of this Ordinance.

 

      (L)   ORD: Office/Research and Development District

         The ORD district is established to provide locations for a wide range of employment generating office, institutional, research and development, and light manufacturing uses, and for certain other uses that could create significant adverse impacts if located in the vicinity of residential areas. The standards of this district are designed to ensure that such uses are developed in a manner compatible with the use and enjoyment of nearby properties, and to minimize potential nuisances or damage to the environment. In addition, by allowing a wide range of permitted uses, this district is intended to accommodate the development of "flex space" arrangements, wherein the developer can establish different combinations of uses on a site over time, as the market dictates, as long as all uses and development conform to the standards established by the Town to protect adjacent land uses and the natural environment.

      (M)   I: Industrial District

         The I district is established as a district in which the principal use of land is for industries which can be operated in a relatively clean and quiet manner and which will not be obnoxious to adjacent residential or business districts, for warehousing and wholesaling activities with limited contact with the general public, and for certain outdoor amusement facilities which generate large volumes of automobile traffic. The regulations are designed to encourage the use of land for industry, which should be properly segregated, and to prohibit any other use that would substantially interfere with the development of industrial establishments in the district.

      (N)   TC: Town Center District

         (1)   Purpose and Intent

            The purpose of the TC district is to carry out the land use recommendations contained in the Comprehensive Plan, and to achieve the urban design principles spelled out in the Community Appearance Manual, Downtown Streetscape Master Plan, and Site Design Standards.

         (2)   [Reserved]

         (3)   Findings

            The Town Center district seeks to protect, preserve, and enhance the unique aesthetic and architectural character of the downtown; conserve the value of buildings; and encourage appropriate use of the land in the downtown. This district is based, in part, on the findings that:

            (a)   Overall Image

               Cary's central area contributes substantially to the Town's overall image;

            (b)   Economic Vitality

               The economic vitality of downtown is important to the overall welfare of the Town;

            (c)   Appropriate Uses

               Provisions that ensure the appropriate use of property for the downtown area will safeguard its prosperity and offer social and cultural benefits to the citizens of Cary;

            (d)   Urban Design

               Standards that encourage new buildings, retain the values of surrounding properties, and protect the Town's small-town charm and character will promote good urban design;

            (e)   Diversity of Development

               A diverse mix of business, office, institutional, recreational, open space, and residential uses is desirable and appropriate in the core area of the community;

            (f)   Pedestrian-Friendly Development

               Encouragement of pedestrian-friendly development within walking distance of the future regional transit station at sufficient densities to support the station and downtown businesses is a wise use of land;

            (g)   Sense of Place

               Creation of a sense of place that fosters a unique, attractive, and memorable destination for visitors and residents is important; and

            (h)   Housing Diversity

               Encouragement of a diverse range of housing types to accommodate a range of needs is good public policy and helps achieve the policy direction contained in the Town's Comprehensive Plan.

         (4)   Applicability

            The current boundaries of this district are shown on the Official Zoning Map.

         (5)   Subdistricts Created and Defined

            Due to the variation in existing character and desired types of future development in various portions of the downtown area, differing land uses, building standards, parking requirements, open space requirements, and other related development standards are applicable within different portions of the Town Center. In order to present the full range zoning and development requirements for each different area, this zoning district is divided into such subdistricts as delineated in the Official Zoning Map as follows:

 

         (6)   Treatment of Existing Residential Uses

         (7)   Allowed Principal, Accessory, and Stormwater Uses

            (a)   Principal and accessory uses allowed in each subdistrict are detailed in the use table set forth in Section 5.1.3 Accessory or ancillary structures normally associated with such primary uses and that do not constitute more than 33 percent of the total floor area on a site are allowed in conjunction with the principal use; except that accessory dwelling units may exceed this amount if permitted by Section 5.3.4.

            (b)   The use of residentially zoned property to support nonresidential stormwater devices to include but not limited to detention and retention ponds are allowed in the Town Center (TC) District providing that the following conditions are met:

               1.   The properties must be contiguous as defined in Section 12.4 of this Ordinance.

               2.   The same group, entity, or individual must own both properties (residential and nonresidential).

         (8)   Rezoning Procedure

            Because the TC district is a single zoning district with various subdistricts, land use changes within this district do not entail a typical rezoning to a different district procedure. See Section 3.4.4 for the rezoning procedure within the TC district.

         (9)   General Development Objectives

            This district is designed to provide a maximum amount of flexibility to landowners to facilitate new development and redevelopment of existing sites within the Town Center to create the following:

            (a)   Unique and Dynamic Atmosphere

               Create a unique, vibrant, dynamic, pedestrian-friendly location;

            (b)   Higher Densities in Proximity to Regional Rail Station

               Encourage higher residential densities within a short walking distance of the planned regional rail transit station in the center of the district; and

            (c)   Mix of Uses

               Allow multi-story, mixed use buildings, so that the core area of downtown will include a high-intensity collection of retail shops, restaurants, entertainment, housing, offices, and similar uses to establish a place where residents may live, work, and recreate.

         (10)   Standards for New Development

            (a)   Exemption from Certain Town Standards

               Considering the unique nature of downtown, certain requirements of the following provisions shall not be applicable within the Town Center district in order to provide the flexibility for downtown development:

               1.   The required number of off-street parking spaces (see Section 7.8) may be reduced up to fifty (50) percent on a case-by-case basis provided there is adequate on-street parking available in a proximate area. All other parking standards in Section 7.8 shall apply.

               2.   The perimeter buffer requirements in Section 7.2.3 and streetscaping requirements in Section 7.2.4 may be reduced or waived. Additional provisions from Section 7.2 may also be modified on a case-by-case basis provided such modification is consistent with the Community Appearance Manual and the Downtown Streetscape Master Plan; except that a hardship must be demonstrated before the requirements of Section 7.2.5 related to the retention of champion trees may be modified.

               3.   The exterior lighting requirements in Section 7.9.3 except in cases where a property is bounded by an existing single-unit dwelling or development.

               4.   The requirements relating to private open space in Section 8.3.1.

            (b)   General Performance Standards

               Except as otherwise exempted, all new projects or proposed expansion, alteration, or major repair must satisfy the standards set forth in all other applicable town plans, guidelines, codes, and regulations. New development shall be appropriate to the site, taking into account the safety, convenience, and amenity of the surrounding neighborhood, and shall be evaluated in relation to existing adjacent or surrounding buildings that fit the overall intent of this section. Downtown projects must, among other requirements, meet the following general performance standards.

               1.   All access roads, entrance or exit drives will be appropriate for pedestrian and automotive safety and convenience, traffic flow, and control and access in the case of fire or other emergency;

               2.   All off-street parking, loading, refuse collection and other service areas will be appropriate with respect to pedestrian and automotive safety and convenience, traffic flow, and economic, noise, glare, odor and other impacts upon adjoining properties and other properties in the neighborhood;

               3.   All landscaping, screening and fencing will be appropriate, with respect to the effectiveness of their type; dimensions and character will be appropriate with respect to minimizing the economic, noise, glare, odor and other impacts adjoining properties and other properties in the neighborhood; and

               4.   The type, size and intensity of the use and the hours of operation and number of people utilizing the use will be appropriate with respect to minimizing the impact upon adjoining properties and other properties in the neighborhood.

            (c)   Statement of Design Compatibility

               [Reserved]

            (d)   Required Design Issues

               All new development requiring development plan approval within the Town Center district shall be consistent with the applicable design standards in the Community Appearance Manual, Downtown Streetscape Master Plan, and the Site Design Standards.

            (e)   [Reserved]

               In addition to all of the required elements to be addressed from paragraph (d) above, development projects that include special features and activities like outdoor use areas shall also meet the standards outlined in the Downtown Design Guidelines for such features or activities:

            (f)   [Reserved]

            (g)   Use-Specific Standards

               The use-specific standards set forth in Chapter 5 shall apply to all uses within each subdistrict.

         (11)   Review Procedures

            Review of development plans shall be done in accordance with Section 3.9. of this Ordinance.

(Ord. No. 04-007, 7-15-04; Ord. No. 06-009, 4-27-06; Ord. No. 2007-04, 3-22-07; Ord. No. 2007-21, 12-13-07; Ord. No. 2008-LDO-01, 9-25-08; Ord. No. 2009-LDO-01, 2-12-09; Ord. No. 2009-LDO-03, 5-14-09; Ord. No. 2010-LDO-01, 1-14-10; Ord. No. 2010-LDO-03, 2-25-10; Ord. No. 2012-LDO-04, 5-24-12; Ord. No. 2013-LDO-02, 6-13-13; Ord. No. 2014-LDO-03, 8-14-14; Ord. No. 2015-LDO-001, 4-21-15; Ord. No. 2015-LDO-005, 11-19-15; Ord. No. 2015-LDO-006, 12-10-15; Ord. No. 2016-LDO-01, 7-25-16; Ord. No. 2017-LDO-01, 1-24-17; Ord. No. 2021-LDO-01, 6-24-21; Ord. No. 2022-LDO-02, 4-28-22; Ord. No. 2023-LDO-03, 6-22-23; Ord. No. 2025-CODE-01, 4-10-25)

   Conditional use district zoning provides an option by which an applicant for a rezoning may be held to certain promises relating to the type of development that occurs on his or her property. This section sets forth the types of conditional use districts and explains their relationship to the general use districts. The procedure for approving a conditional use district rezoning is set forth in Section 3.4.2.

      Each general use district set forth in Section 4.2 of this Ordinance shall have a corresponding conditional use district. Accordingly, the following conditional use districts are hereby established:

      (A)   Residential Districts

         (1)   R-80-CU: Residential district;

         (2)   R-40-CU: Residential district;

         (3)   R-20-CU: Residential district;

         (4)   R-12-CU: Residential district;

         (5)   R-8-CU: Residential district;

         (6)   TR-CU: Transitional Residential district; and

         (7)   RMF-CU: Multi-Family Residential district.

      (B)   Non-Residential Districts

         (1)   RR-CU: Resource/Recreation district;

         (2)   OI-CU: Office and Institutional district;

         (3)   GC-CU: General Commercial district;

   Conditional use districts shall be designated only in accordance with the procedures and requirements set forth in Section 3.4.2 of this Ordinance, and may not contain conditions which are less restrictive than this Ordinance or other applicable state and/or federal laws.

   No use shall be permitted within a conditional use district except pursuant to the conditions imposed on the conditional use district as part of the zoning approval. The permitted uses must be ones that this Ordinance allows in the corresponding general use district.

      (A)   All standards and requirements that apply to the corresponding general use district shall apply to the conditional use district.

      (B)   Conditions imposed on a conditional use district may be no less restrictive than those standards applying to the corresponding general use district.

      (C)   Existing conditional use limitations in a conditional use district shall become null and void if future amendments to this Ordinance require stricter standards than those imposed under existing conditional use zoning.

      (A)   In addition to "Conditional Use" zoning designations, the Official Zoning Map also contains parcels with "Conditional" zoning. Parcels with conditional zoning are parcels that were in pre-existing conditional use districts prior to July 1, 2003, that were removed or substantially modified by the adoption of this Ordinance. As a result of these changes, the parcels were translated into corresponding general use districts with the caveat that all previously existing conditions associated with a parcel will remain in effect unless modified through a subsequent rezoning.

(Ord. 2015-LDO-003, 7-23-15; Ord. No. 2017-LDO-01, 1-24-17; Ord. No. 2021-LDO-01, 6-24-21)

   The overlay zoning districts of this chapter typically apply in combination with the underlying general use zoning districts to impose regulations and standards in addition to those required by the general use districts except where otherwise specified for a particular overlay district. The requirements of an overlay district shall apply whenever they are in conflict with and are more stringent than those in the general use district. Variances may not be granted from overlay district regulations unless specifically provided for in a particular overlay district. The following overlay districts are hereby created:

      (E)   Watershed Protection Overlay; and

      (F)    Historic Preservation Overlay.

         It is the purpose and intent of this overlay district to enable the development of land in areas intended to have a compatible mixture of commercial, office, residential, recreational, civic and/or cultural uses which are highly integrated and function in a cohesive manner. Each Mixed Use Overlay District is intended to function at a neighborhood, community or regional scale identified on the Town of Cary Official Zoning Overlay Map. Benefits of this approach to development will help concentrate land uses, reduce sprawl, promote a more efficient pattern of land uses, provide needed goods and services, reduce automobile trips, and facilitate convenient and safe circulation.

         The Mixed Use Overlay District shall apply to areas designated as such on the Town Of Cary Official Zoning Map.

         The uses allowed in the Mixed Use Overlay District are set forth in the Table of Permitted Uses in Chapter 5. The applicable designation of Neighborhood, Community or Regional will be as identified on the Town Of Cary Official Zoning Overlay Map.

            Property in a Mixed Use Overlay District may be developed in accordance with requirements for one (1) of the following, as applicable, and as described below in this Section 4.4.2(E):

            (a)   an existing general use zoning district, conditional use zoning district, or planned development district established prior to August 13, 2009 (hereinafter collectively, "base zoning");

            (d)   modification of a planned development district that was initially created prior to August 13, 2009;

            Development plans that are submitted utilizing the base zoning shall be evaluated against the Comprehensive Plan, design guidelines, and related requirements to determine whether the proposed development is in keeping with the overall intent of the MUOD.

            Further, if an ACCP or MUSP has been approved for all or a portion of property proposed for development or redevelopment, and if the ACCP or MUSP includes specific site design guidelines, then the design guidelines shall apply to the property, or portions thereof, covered by the ACCP or MUSP. The aspects of ACCP/MUSP design guidelines that are applicable to development under the base zoning include, but are not limited to, more restrictive guidelines related to building placement and orientation, roadway and sidewalk sections, streetscape treatments, landscaping treatments, individual building or tenant space sizes, open space and public space, parking lot design and placement, block length, connectivity, stormwater controls, block frontage coverage, public art, signage and site entryway features.

            Dimensional standards prescribed by ACCP/MUSP site design guidelines are also applicable to development under the base zoning, except for single-unit residential development having lots of twenty thousand (20,000) square feet or more. A development or redevelopment proposal submitted under the base district zoning should facilitate the ultimate attainment of the circulation network outlined in the ACCP/MUSP.

            Property for which an ACCP or MUSP was approved prior to August 13, 2009 may be developed in accordance with that ACCP/MUSP.

            Requests to modify or expand existing planned development districts shall be evaluated against the Comprehensive Plan, design guidelines, and related requirements to determine whether the proposed development is in keeping with the overall intent of the MUOD.

            Staff may approve changes to PDD Master Plans if such changes fall within the criteria allowed for administrative approval under Section 3.19, Minor Modifications. Applications for such changes shall be considered using the process set forth in Section 3.19. Proposed changes that do not fall within the criteria allowed for administrative approval in Section 3.19 may occur only through rezoning to amend the Planned Development District, following approval procedures set forth in Section 3.4.5.

            Requests to rezone property to the Mixed Use District shall be evaluated against Section 4.5.2 and other applicable Sections of this Ordinance, the Comprehensive Plan, design guidelines, and related requirements to determine whether the proposed development is in keeping with the overall intent of the MUOD.

            Requests to rezone property to a General Use or Conditional Use Zoning District shall be evaluated against Section 3.4.1(E) and other applicable Sections of this Ordinance, the Comprehensive Plan, design guidelines, and related requirements to determine whether the proposed development is in keeping with the overall intent of the MUOD.

         Notwithstanding an approved ACCP/MUSP or existing planned development master plan, any development and/or redevelopment proposed for parcels located within a Mixed Use Overlay District shall meet the following development standards:

         (1)   Any conditions related to allowable land uses and/or landscaping buffer provisions applied through a conditional use rezoning shall continue to apply unless the property is subsequently rezoned to the MXD district and said conditions are not included as development requirements of the MXD district; and

         (2)   The road network shall be designed to ensure that adjacent residential areas will have direct access to the non-residential portions of the Mixed Use Overlay District in lieu of entering and exiting through thoroughfares and/or collector streets; and

            Exceptions may be considered to items 2 and 3 above where adjacent established single-unit residential developments (not part of an approved mixed use sketch plan or an existing master plan) are proposed to connect through a roadway to a Regional Mixed Use Overlay District. This exemption shall not apply when public uses (including but not limited to schools, libraries, and parks) are proposed within a Regional Mixed Use Overlay District.

         The general dimensional standards shall be as specified for the applicable base zoning district, ACCP, MUSP, Planned Development District Master Plan, preliminary development plan for property zoned MXD, or applicable general use or conditional use zoning district approved after January 24, 2017.

         Any change in the general location and character of the features depicted on approved preliminary development plans, ACCPs, MUSPs or PDD Master Plans, except where such change is determined by the Planning Director to be a minor modification as outlined in Section 3.19.2(B), shall be considered a material change to the approved preliminary development plan, ACCP, MUSP or PDD Master Plan, and shall be processed as a new application in accordance with the applicable procedures set forth in Sections 3.4.3 and 3.4.5. The Planning Director shall determine whether any such change is a material change.

      (A)   Purpose and Intent

The Conservation Residential Overlay District is established to implement the Comprehensive Plan. The goals and objectives of this overlay are to:

   To further these goals and objectives, the overlay district provides the opportunity for residential developments to receive an increase in the number of potential dwelling units (based on the underlying zoning requirements) when such residential developments meet open space and other design requirements set forth within this Section.

      (B)   Location of District and Applicability

         The provisions of the Conservation Residential Overlay District shall apply to the geographic areas designated as such on the Town of Cary Official Zoning Map. For properties designated as Conservation Residential on the Town of Cary Official Zoning Map and located outside of the Town's extraterritorial jurisdiction (ETJ), annexation and rezoning in accordance with this Section and all other applicable sections of the Land Development Ordinance is required before applicants may utilize the density bonus provisions of Sections 4.4.3(D) through (H).

         This overlay district does not preclude any residential or non-residential uses allowed within the underlying zoning districts, provided that all applicable Land Development Ordinance requirements are met. Properties may be rezoned to residential or non-residential districts if supported by the Comprehensive Plan and in accordance with applicable sections of the Land Development Ordinance. Parcels zoned as Planned Development Districts and parcels subject to development plans approved before July 15, 2004, are exempt from the application of this Section for so long as the PDD or development plan remains valid.

         The density bonus provisions of Sections 4.4.3(D) through (H) are optional. However, all development within the overlay district shall, in addition to all other requirements of the Land Development Ordinance, provide a buffer of fifty (50) feet in width along the American Tobacco Trail. The buffer shall function as visual separation between the public trail and private property; it shall contain native plant material, supplemented where necessary with deciduous and evergreen trees to provide an opaque screen for the benefit of trail users and adjoining property owners. The buffer shall conform to the requirements of a Type 'A' Buffer as described in LDO Section 7.2.3(D).

      (C)   Subdistricts Created and Defined

         Due to the existing character and desired types of future development in the Conservation Residential Overlay District, differing residential densities, dimensional standards, open space requirements, and other related development standards are set forth within this Section. In order to present the full range of zoning and development requirements for each different area, this overlay zoning district is divided into two (2) subdistricts as follows:

 

 

         An increase in the number of lots (density bonus) above the number of lots that could be achieved utilizing the underlying zoning (base number of lots) is allowed, provided the development plan meets open space requirements and other design requirements set forth within this Section.

         New residential developments within the Conservation Residential Overlay District seeking to utilize the density bonus provisions of this Section shall require submission of a development plan in accordance with Section 3.9 of this Ordinance, and approval of such plan by the appropriate decision-making body. To be eligible to gain additional units above the base number of lots, the minimum size of the site shall be ten (10) acres.

         (1)   Rezoning

            For property located within the overlay district as shown on the Town of Cary Official Zoning Overlay Map, rezoning is not required in order to submit development plan applications that meet the requirements stated in Sections 4.4.3(D) through (H).

            For properties within the Conservation Residential Overlay District but not within the Town Limits and/or Extraterritorial Zoning Jurisdiction (ETJ), annexation and rezoning is required before such properties can be developed pursuant to Sections 4.4.3(D) through (H). Annexation and rezoning (to establish initial zoning) to the Residential-40 district and Conservation Residential Overlay District must be approved before a proposed development plan using the provisions of Section 4.4.3(D) through (H) can be submitted for review.

            Rezonings to non-residential and institutional uses may be permitted if consistent with the Comprehensive Plan. Rezonings to non-residential and institutional districts are not required to be subject to the requirements of this Overlay District.

      (E)   Calculating the Base Number of Lots

         The base number of lots is defined as the lot yield based on the implementation of the requirements of the underlying zoning district. The base number of lots is the starting point from which extra lots may be permitted if non-regulatory or bonus open space, as defined below, is provided and other design requirements are met.

         The applicant shall choose one (1) of the following methods for calculating the base number of lots:

         (1)   The base number of lots may be determined by taking ninety (90) percent of the potential developable area of the site and multiplying by the maximum density (based on lot area requirements) for the underlying zoning district. The purpose of reducing the potential developable acreage by ten (10) percent is to account for the approximate area that would be allocated to roadways within a conventional subdivision. "Potential developable area" within this Section is defined as the total land area of the site excluding all regulatory floodplains, streetscapes and other required areas (see Chapter 7: Development and Design Standards). For sites that contain and/or are adjacent to the American Tobacco Trail, a buffer of at least fifty (50) feet in width is required. This minimum buffer width is considered regulatory/required area, and shall not be included in the calculation of potential developable area.

            Example: Site A

            Total Site Acres: One hundred (100)

            Acres in regulated/protected areas: Twenty (20)

            Potential Developable Area Including Roadways: One hundred (100) - Twenty (20) = Eighty (80) Acres

            Calculated Developable Area: Eighty (80) Acres x Ninety (90) percent = Seventy-two (72) Acres

            Base Number of Lots: Seventy-two (72) Acres x 1.09 (density permitted in R-40) = Seventy-eight (78) lots

         (1)   Increase in Density - An increase in the number of lots (density bonus) is provided in exchange for the permanent preservation of non-regulatory (referred to as "bonus") open space and compliance with other design requirements. An increase in the number of lots is achieved by allowing a smaller minimum lot size and increasing the permitted density (see Table 4.4-2 below).

         (3)   Specific Requirements by Subdistrict

 

 

 

 

         All bonus open space provided must meet the following standards:

         (1)   Bonus open space shall be retained in a natural, undisturbed state, with the exception of those activities allowed by this Section. No more than five percent (5%) of the bonus open space area may be disturbed and allowed to be planted with grass or improved with other pervious ground cover in order to provide common informal gardens and/or play/open areas for the development or for the extension of main water and sewer lines. The five percent (5%) does not include disturbed areas due to the installation of required pedestrian systems (e.g., sidewalks, trails). However, active recreation facilities (e.g., basketball and tennis courts) are not permitted in the bonus open space used to obtain additional lots.

         (2)   In order to use the bonus density provisions of the Conservation Residential Overlay District, per part (F) of this Section, the subdivision must, at a minimum, provide an eighty (80) foot deep Type A opaque streetscape buffer along all of the subdivision's thoroughfare and collector road frontage. The amount of the eighty (80) foot deep streetscape buffer that is in excess of the amount of streetscape buffer normally required for a conventional subdivision under the requirements of Chapter 7 (See Section 7.2.4) qualifies as non-regulatory or bonus open space. Credit for bonus open space beyond a thirty (30) foot streetscape width may be allowed along thoroughfares that are designed as only two (2) lane roadways (similar to a collector roadway).

         (4)   Pedestrian access trails to the bonus open space areas shall be provided.

         (5)   No portion of the bonus open space shall be separated into non-contiguous segments smaller than thirty percent (30%) of the total bonus open space area. Open space divided by a roadway shall be defined as contiguous as well as open space adjacent to or across a roadway from regulatory stream and/or urban transition buffers.

         (6)   Credit for bonus open space may be provided for the preservation of contributing historic structure(s) within the Green Level National Register Historic District. This refers to the primary contributing structure on the site, such as the main farmhouse, as identified in the Green Level Historic District National Register Nomination document. The primary contributing structure must be located within a site containing at least one (1) acre of contiguous open space in order to better maintain the structure within its context in the landscape. Preservation is defined as the active restoration or rehabilitation and the ongoing maintenance of a structure. To qualify a primary contributing structure for the density bonus option, the property owner shall enter a preservation agreement with a qualified preservation organization. Preservation agreements may include, but are not limited to, historic preservation easements, facade and exterior covenants, or other methods acceptable to the Town.

         The primary contributing structure within the Green Level National Register Historic District shall count as one (1) acre of bonus open space, provided that the structure is preserved and/or rehabilitated to the Secretary of the Interior's Standards for Rehabilitation. The primary structure must also be included within at least one (1) acre of bonus open space to preserve rural character features. This bonus open space may be used in a way that reflects the historic use of the property. If these requirements are met, a minimum of two (2) acres of open space may be credited to obtain bonus lots.

         (8)   The developer shall establish and incorporate a Homeowners' Association (HOA), which shall own the bonus open space and have the responsibility for maintaining the bonus open space and associated facilities at its own expense. An exception to the ownership of a portion of the bonus open space surrounding a contributing historic structure(s) within the Green Level National Register Historic District may be provided on a case by case basis. As an alternative to an HOA, a private, non-profit organization, whose primary purpose is open space conservation or preservation can own and manage the bonus open space.

         (9)   A portion or all of the bonus open space may be conveyed to the Town for use as greenways and parkland, provided it meets Town standards for such facilities and is agreed to by the Town. Such conveyance would occur at no cost to the Town.

            (a)   For LCR lots, all dimensional requirements (i.e., setbacks, lot width) shall conform to R-8: Residential District standards with the exception of side yards. Side yards shall be a minimum of five (5) feet and an aggregate minimum of fifteen (15) feet. Residential lots less than eight thousand (8,000) square feet shall conform to TR: Transition Residential District standards.

            (b)   For VLCR, R-12 dimensional requirements shall be used for lots twelve thousand (12,000) square feet and greater in size. For lots between eleven thousand nine hundred ninety-nine (11,999) and eight thousand (8,000) square feet, R-8 dimensional requirements shall be used. For lots less than eight thousand (8,000) square feet, TR dimensional requirements shall be used.

         (2)   Where lots abut other residential lots within an existing subdivision that is not developed pursuant to Sections 4.4.3(D) through (H), said lots shall have a side and rear yard setback not less than the required side and rear yard setback required on the abutting property or the side and rear yard setback of the Residential 40 District.

         (4)   American Tobacco Trail (ATT) Buffer - A buffer of fifty (50) feet in width is required along the American Tobacco Trail. The buffer shall function as visual separation between the public trail and private property; it shall contain native plant material, supplemented where necessary with deciduous and evergreen trees to provide an opaque screen for the benefit of trail users and adjoining property owners. The buffer shall conform to the requirements of a Type 'A' Buffer as described in LDO Section 7.2.3(D). The fifty (50) foot wide buffer is not counted as bonus open space.

         (8)   The requirements of Section 7.3, Stormwater Management, shall be achieved using LID site planning and techniques or a combination of LID and conventional stormwater management practices. The goal of LID is to develop site design techniques, strategies, and best management practices (BMPs) to store, infiltrate, evaporate, retain, and detain run-off on the site to more closely replicate pre-development run-off characteristics and to better mimic the natural and unique hydrology of the site thereby limiting the increase in pollutant loads caused by development. To the extent practical, stormwater shall be treated at its source through the use of small, non-structural BMPs and natural conveyance devices (swales, etc.). All BMPs shall be located in areas owned by the HOA or other entity (see 4.4.3(G)(8)) to ensure adequate maintenance. Structural BMPs may not be located in the bonus open space.

            Pedestrian connectivity shall be provided through an integrated combination of: primary trails, consisting of public sidewalks and greenways; and secondary trails consisting of private trails that provide connections within the development from public sidewalks and greenways to open space areas.

            Public greenway trails shall be those depicted on the Parks, Recreation and Cultural Resources Facilities Master Plan. Such trails shall be ten (10) feet wide and constructed within a thirty (30) foot wide permanent Town of Cary greenway easement. The Town shall maintain all public greenway trails.

            Secondary trails shall be constructed of asphalt, with a minimum width of eight (8) feet. Where feasible, secondary trails shall be located within Homeowners' Association (HOA) maintained common open space. In cases where this is not feasible, a twenty (20)-foot wide private pedestrian easement centered on these trails must be recorded and any required building setback shall be calculated from the outside boundary of the easement on the lot. All secondary trails shall be owned and maintained by the subdivision HOA and shall be available for public use.

      (A)   Purpose and Intent

         The Airport Overlay is established to accomplish the following purposes:

         (1)   To limit allowable land uses in the immediate vicinity of Raleigh-Durham International Airport to non-residential uses, such as industrial, agricultural, commercial, or conservation uses, which are not subject to high population concentrations, and to keep residential and institutional uses from developing in those areas that are subject to the highest levels of aircraft noise;

         (2)   To ensure that such uses are located, designed, constructed, and maintained in a manner that does not impair the safe operation of the airport;

         (3)   To ensure that such uses contribute to the attractiveness of the roadside, which will in turn contribute to and enhance trade, tourism, capital investment, property values, and the general welfare; and

         (4)   To ensure that such uses are in compliance with the Raleigh-Durham International Airport Height Zoning Ordinance and other supplemental regulations.

      (B)   Location and Applicability; Compliance Required

         The Airport Overlay is an overlay district that applies over lands in the vicinity of the Raleigh-Durham International Airport. The boundaries of the Airport Overlay shall be shown on the Official Zoning Map.

      (C)   Process for Reviewing Developments; Approval by the Raleigh-Durham Airport Authority

         (1)   Raleigh-Durham Airport Authority Approval

            The authority shall be involved with the review of development plans and building permits for structures over fifty (50) feet as measured to the highest part of the structure. The following requirements are to ensure compliance with the authority's ordinances.

            (b)   No building permit shall be issued for establishment of a structure or expansion of an existing structure at a height of greater than fifty (50) feet unless there has first been issued by the Raleigh-Durham Airport Authority (1) a permit for the structure under the provisions of its ordinances, or (2) a determination that a permit is not required for the structure.

         (2)   Supplemental Regulations of the Raleigh-Durham International Airport Authority

            All development within the Airport Overlay shall also comply with the airspace regulations adopted by the Raleigh-Durham International Airport Authority, as may be amended from time to time, which are incorporated herein by reference. Whenever said airspace regulations impose more stringent requirements or limitations than are required by this Ordinance, the provisions of the airspace regulations shall control.

      (D)   Prohibited Uses and Structures

         (1)   Prohibited Uses

            (a)   Residential uses, including all forms of dwellings, manufactured homes, nursing homes, and life care communities;

            (b)   Places of public assembly and institutional uses including schools, colleges, churches, day care centers, clubs and lodges, libraries, museums, and hospitals, but not including arenas or stadiums for sporting events;

            (c)   Indoor and outdoor amusement establishments;

            (d)   Guest houses;

            (e)   Correctional or penal institutions;

            (f)   Radio and television broadcasting stations;

            (g)   Landfills or quarries;

            (h)   Warehousing/above-ground bulk storage of explosive, hazardous, flammable, or combustible materials, and related facilities or operations that could pose a threat to the welfare of the public in the event of an aircraft crash or other mishap;

            (i)   Petroleum refining and other related uses that may be susceptible to explosion or fire;

            (j)   Outdoor storage of certain goods and materials, including but not limited to the following: oxides; coal; ores; minerals; produce; furniture; flammable or combustible building supplies; paper and frame products; or wrecked, dismantled or partially dismantled vehicles.

            (k)   Wildlife sanctuaries, refuges, and other uses that may be an attractant to birds.

         (2)   Prohibited Lighting

            (a)   Any moving, pulsating, flashing, rotating, or oscillating light, other than navigational markings or lights marking potential obstructions in accordance with Federal Aviation Administration requirements;

            (b)   Flood lights, spot lights, or other lighting devices which are not shielded so as to prevent illumination in an upward direction;

            (c)   Any lights which make it difficult for pilots to distinguish between airport lights and others, results in glare in the eyes of pilots using the airport, impairs visibility in the vicinity of the airport or otherwise in any way endangers or interferes with the landing, takeoff or maneuvering of aircraft intending to use the airport.

         (3)   Prohibited Electronic Signals

            Any electronic impulse or signal which interferes with radio communications between aircraft and the airport, or which interferes with established navigation aids, is prohibited in the Airport Overlay.

         (4)   Prohibited Structures

            Structures in excess of the applicable height limit established for the Zones specified in the "Raleigh-Durham International Airport Height Zoning Ordinance" adopted by the Raleigh-Durham Airport Authority and as may be amended from time to time by the Raleigh-Durham Airport Authority are prohibited in the Airport Overlay. Structure means an object, including a mobile object, constructed, or installed by man, including, but not limited to, buildings, towers, cranes, earth formations, and overhead transmission lines.

      (E)   Nonconforming Uses and Structures

         Nonconforming uses and structures may be continued in the Airport Overlay in accordance with Chapter 10 of this Ordinance. However, no building permit shall be issued that would allow the expansion of a structure or use that does not comply with the requirements of this Ordinance.

      (F)   Location of Buildings and Parking Areas

         All buildings and structures located in the Airport Overlay shall meet the minimum setback requirements of the underlying zoning district and any other applicable setback requirements set forth elsewhere in this Ordinance. All parking areas in the Airport Overlay shall be located no less than thirty (30) feet from the right-of-way of a major thoroughfare.

      (A)   Purpose and Intent

         The intent of the Watershed Protection Overlay is to ensure the availability of public water supplies at a safe and acceptable level of water quality for present and future residents of the Town and the surrounding region. Watershed protection measures allowed by this section include:

         (1)   Restriction of land uses allowed within water supply basins;

         (2)   Impervious area and density limitations; and

      (B)   Applicability

         (1)   Designated Watersheds

            The Watershed Protection Overlay is an overlay district to be applied to all lands lying within the watershed of a public water supply. The boundaries of the Watershed Protection Overlay shall be shown on the Town of Cary Official Zoning Map. The Watershed Protection Overlay consists of three sub-areas:

            (a)   Swift Creek Watershed;

            (b)   Jordan Lake Watershed; and

            (c)   Jordan Lake Watershed Critical Water Quality Area.

         (2)   Applicability to Development Activity

            (a)   The following types of development activity are exempt from the requirements of this Section 4.4.6:

               1.   Development existing prior to June 30, 1993;

               2.   Development on vacant lots inside of PDs approved prior to June 30, 1993;

               4.   Redevelopment provided there is no increase in the total amount of impervious surface for a lot or development site.

            (b)   The requirements of this Section 4.4.6 shall apply to the following:

               1.   Vacant land that is rezoned from its designation in place on June 30, 1993;

               2.   New lands added to a planned development after June 30, 1993, even if the original planned development was approved prior to June 30, 1993;

               3.   Development in a planned development if the development had to be amended after June 30, 1993, to accommodate the development;

               4.   Any expansions to existing development in place as of June 30, 1993 (provisions are only applied to the addition, not the impervious surface in place on June 30, 1993).

         (3)   Sedimentation and Erosion Control

            Responsible control of erosion and sedimentation is crucial to the protection of stormwater quality and the continued proper function of the measures required in this section. Requirements pertaining to sedimentation and erosion control are addressed in Section 14.4 of this Ordinance.

      (C)   Procedures for Development Approval

         (1)   Development Review

            All development within the Watershed Protection Overlay shall demonstrate compliance with the requirements of this Section 4.4.6 at the time of approval of a development plan. Applicants complying with the standards of this section must also satisfy all other applicable requirements and obtain all other necessary approvals or permits under this Ordinance.

         (2)   Protection Measures Prerequisite to Certificate of Occupancy

            A Certificate of Occupancy shall not be issued for any development in the Watershed Protection Overlay until all of the watershed protection measures required by this section have been approved and are in place on the property.

      (D)   Overview of High Density and Low Density Development Options

         There are two (2) development options in the Watershed Protection Overlay, a Low Density Option and a High Density Option, each with different provisions related to either the Swift Creek Watershed or the Jordan Lake Watershed as well as to sub-areas within either watershed.

         (1)   Impervious Surfaces

            The maximum allowable amount of impervious surface within a proposed development is limited based upon the Low or High Density Option, and differs from Watershed to watershed as depicted in Table 4.4-5.

         (2)   Calculation of Impervious Surfaces

            Calculation of impervious surface area shall include the pavement area of all existing and proposed internal public and private streets, one-half (1/2) of the width of roadways on the perimeter of the project, driveways, rooftops, parking lots, patios, and all other impervious surfaces. For the purpose of calculating the impervious surface of roadways on the perimeter of a project, the ultimate pavement cross section of the roadway based on the Comprehensive Transportation Plan and any sidewalk(s) or greenway(s) along the perimeter roadway will be included in the calculation. For purposes of calculating the percentage of impervious area coverage, the total project area shall be regarded as the actual area of the property plus the area within the rights-of-way of the internal and perimeter streets included in the calculation of impervious area.

         (3)   Residential Density

            In addition to limitations on the amount of impervious surface, the Low and High Density Development Options limit the gross residential densities of projects based upon the watershed where they are proposed, with higher densities allowed under the High Density Option as depicted in Table 4.4-5.

         (4)   Runoff Control

            Engineered stormwater control measures intended to contain the runoff from the first one (1) inch of rainfall are required in any development utilizing the High Density Option in either watershed.

      (E)   Restrictions on Allowed Uses

         The uses allowed within the Watershed Protection Overlay are the same as the uses permitted in the general use zoning district within which the land is located, pursuant to Table 5.1-1. However, the following uses are allowed within the overlay district only if they comply with the performance standards set forth in this Section 4.4.6.

         (1)   Swift Creek Watershed and the Jordan Lake Watershed

            (a)   All industrial service uses;

            (b)   All waste-related uses;

            (c)   Uses producing and/or storing toxic and/or hazardous materials; and

            (d)   Any use discharging sewage, industrial waste and/or non-process industrial waste.

         (2)   Jordan Lake Watershed Critical Water Quality Area

            All uses set forth in paragraph (1) above; and all agricultural uses.

      (F)   Limitations on Impervious Surface Area and Density

         (1)   Low Density Option

            Maximum impervious surface limits for the Low Density Option are set forth in the table below. Separate regulations are provided for the Jordan Lake and Swift Creek areas. The Jordan Lake regulations recognize two sub-areas, the Critical Area and the remainder of the watershed; while the Swift Creek regulations distinguish between three (3) different sub-areas: New Suburban, New Urban, and Existing Urban development. These sub-areas are depicted on the Town's Official Zoning Map.

 

         (2)   High Density Option

            High Density Option development proposals may be approved, provided that the development applications are consistent with the following standards:

 

         (1)   Ownership and Design Requirements

            Stormwater control measures shall be owned by a property owner's association, or, for non-residential or multi-family development, the owner of the property. All stormwater control measures shall be designed by either a North Carolina registered professional engineer or landscape architect, to the extent that the N.C. General Statutes allow. Other stormwater systems shall be designed by a North Carolina registered professional with qualifications appropriate for the type of system required; these registered professionals are defined as professional engineers, landscape architects, to the extent that the N.C. General Statutes allow and land surveyors, to the extent that the design represents incidental drainage within a subdivision, as provided in N.C. General Statutes.

            In addition to the vegetative filters required in Cary’s Standard Engineering Details and Specifications Manual, all land areas outside of the engineered stormwater control measures shall be provided with a ground cover sufficient to restrain erosion within fifteen (15) days after any land disturbance. Upon completion of the stormwater control measure, a permanent ground cover shall be established and maintained as part of the maintenance plan described in Section 4.4.6(G)(8) below.

            A legal description of the area containing the stormwater control measure shall be prepared and filed consistent with Section 4.4.6(G)(8) as a separate deed with the appropriate County’s Register of Deeds along with any easements necessary for general access to the stormwater control measure. The deeded area shall include sufficient area to perform inspections, maintenance, repairs and reconstruction. The deeded area shall include, but is not limited to detention pond, vegetative filters, all pipes and water control structures, berms and dikes.

            Qualifying areas of the stormwater control measure may be considered pervious when computing total built-upon area. However, if the measure is used to compute the percentage built-upon area for one (1) site, it shall not be used to compute the built-upon area for any other site or area.

            Stormwater Control Measures (SCM) including Regional SCM’s designed following the State Design Manual and Cary’s Standard Engineering Details and Specifications Manual, properly constructed, with all required financial assurances and maintenance agreements in place may be regarded as adequate to satisfy the requirements of the entire upstream contributory drainage basin.

            Owners of a privately owned and maintained stormwater control measure shall establish, collect, and retain funds in a segregated account equal to ten (10) percent of the stormwater control measure’s original cost of construction as determined by a licensed Professional Engineer. Such funds shall be used solely for the purposes of maintaining, repairing, replacing, and reconstructing the owner’s stormwater control measures. The required funds shall be collected and retained in the segregated account within five (5) years from the date of the Certificate of Watershed Compliance.

               For all development built under the high-density development option, the owner shall enter into a binding Stormwater Control Structure Access and Easement Agreement (Easement and Maintenance Agreement) with the Town. Said Easement and Maintenance Agreement shall require the owning entity to inspect, maintain, repair and, if necessary, reconstruct the stormwater control measure in accordance with the operation and maintenance plan or manual provided by the owner. The owner of the stormwater control measure shall file the Easement and Maintenance Agreement with the appropriate County’s Register of Deeds.

      (H)   Clustered Development Option

         Clustering of development in the Watershed Protection Overlay may be allowed as an optional configuration in either Low Density or High Density developments on a project-by-project basis. Clustering shall follow the procedures and standards set forth in Section 8.4, and is subject to the following additional criteria:

         (1)   The overall density and/or impervious surface coverage of the project may not exceed the density and/or impervious surface coverage allowed under either the Low Density or the High Density option. At a minimum, lot sizes shall conform to the standards of the TR district (see Chapter 6) for residential cluster development projects; however the total number of lots shall not exceed the number of lots allowed for residential subdivision development under any Chapter 4 zoning district; and

         (2)   Impervious surfaces shall be designed and sited to minimize stormwater runoff impacts on the receiving waters and to minimize the concentration of stormwater flow; and

         (3)   The remaining undeveloped portion of the tract shall remain in an undisturbed vegetated or natural state. Where the development has an established property owner's association, the title to the open space area shall be conveyed to the association. Where a property owner's association has not been established, a maintenance agreement shall be filed with the County's Register of Deeds.

      (I)   Modifications and Variances

         Requests for relief from the requirements of this Section 4.4.6 shall be decided either by the Zoning Board of Adjustment or by the Environmental Management Commission, depending on the watershed and the type of standard from which relief is sought.

            The Environmental Management Commission shall have the sole authority to grant major variances from the provisions of this Section 4.4.6 for properties in the Jordan Lake Watershed and Jordan Lake Watershed Critical Area. For purposes of this section, a major variance is a variance from the minimum statewide watershed protection or Jordan Rules (contained in 15A NCAC Chapter 2B) that results in (a) the relaxation, by factor greater than five percent (5%) of any buffer, density or built upon area requirement under the high density option; (b) any variation in the design, maintenance or operation requirements of a wet detention pond or other approved stormwater management system; or (c) relaxation by a factor greater than ten percent (10%), of any management requirement under the low density option.

            The Zoning Board of Adjustment shall have primary, but not sole, authority to grant modifications from the provisions of this Section 4.4.6 for properties in the Swift Creek Watershed, pursuant to this Sub-section.

            If an application calls for the granting of a modification as listed in paragraph (2b) or paragraph (1) above that requires a decision by the Environmental Management Commission, the Zoning Board of Adjustment shall first reach a recommendation on the modification in accord with the requirements of Section 3.19. If the Zoning Board of Adjustment decides in favor of granting the modification, the Zoning Board of Adjustment shall prepare a preliminary record of the hearing as soon as possible and forward it to the Environmental Management Commission. The preliminary record of the hearing shall include:

               If the Commission approves the variance as proposed or with additional conditions, the Commission shall prepare a decision and send it to the Zoning Board of Adjustment. The Zoning Board of Adjustment shall prepare a final decision in accordance with the Commission's decision.

               If the Commission denies the variance as proposed the Commission will prepare a decision and send it to the Zoning Board of Adjustment. The Zoning Board of Adjustment shall prepare a final decision in accordance with the Commission's decision.

      (J)   Violations; Enforcement

         This Section 4.4.6 shall be enforced by the Town Manager or designee. Any person or association who fails to comply with any provision of this Section 4.4.6, or who fails to submit a report, or who submits a fraudulent or false report, shall be in violation of this Ordinance for each occurrence or non-compliance.

      (A)   Purpose and Intent

         The Historic Preservation Overlay is established with the purpose of implementing additional protections and controls on properties and structures located within locally designated Historic Districts. Local historic districts shall be areas which are deemed to be of special significance in terms of their history, architecture, and/or culture, and to possess integrity of design, setting, materials, feeling, and association.

      (B)   Location of Districts and Applicability

         The provisions of the Historic Preservation Overlay shall apply to the geographic areas designated as local historic districts on the Official Zoning Map. All uses permitted in the zoning district underlying a historic district are permitted in the historic preservation overlay.

(Ord. No. 04-001, 1-8-04; Ord. No. 04-007, 7-15-04; Ord. No. 05-001, 1-13-05; Ord. No. 05-015, 9-08-05; Ord. No. 06-005, adopted 3-23-06; eff. 3-23-06; Ord. No. 06-009, 4-27-06; Ord. No. 2007-04, 3-22-07; Ord. No. 2007-21, 12-13-07; Ord. No. 2008-LDO-01, 9-25-08; Ord. No. 2009-LDO-02, 3-26-09; Ord. No. 2009-LDO-06, 8-13-09; Ord. No. 2010-LDO-01, 1-14-10; Ord. No. 2011-LDO-01, 1-11-11; Ord. No. 2011-LDO-04, 11-17-11; Ord. No. 2012-LDO-08, 10-11-12; Ord. No. 2013-LDO-02, 6-13-13; Ord. No. 2013-LDO-04, 9-26-13; Ord. No. 2014-LDO-02, 6-26-14; Ord. No. 2014-LDO-03, 8-14-14; Ord. No. 2014-LDO-05, 12-11-14; Ord. No. 2015-LDO-001, 4-21-15; Ord. No. 2015-LDO-002, 6-25-15; Ord. No. 2015-LDO-006, 12-10-15; Ord. No. 2016-LDO-01, 7-25-16; Ord. No. 2017-LDO-01, 1-24-17; Ord. No. 2017-ACT-01, 10-26-17; Ord. No. 2019-LDO-01, 9-26-19; Ord. No. 2019-LDO-03, 10-10-19; Ord. No. 2021-LDO-01, 6-24-21; Ord. No. 2022-LDO-02, 4-28-22; Ord. No. 2023-LDO-02, 3-23-23; Ord. No. 2023-LDO-03, 6-22-23; Ord. No. 2023-LDO-04, 11-16-23)

         Flexible Use Zoning Districts are districts in the nature of legislatively approved conditional zoning districts that allow for the establishment of certain uses, or mixes of uses, which because of their nature or scale cannot be properly accommodated within a general use zoning district. Flexible use zoning districts allow opportunity for greater flexibility in design and development of property. Since flexible use zoning is not tied to a corresponding general use zoning district and its associated zoning standards, applicants requesting a flexible use zoning district for property may propose zoning and development standards that are specific to that particular property (or district) that can be more or less restrictive than standards associated with general use districts. Flexible use districts permit multiple, coordinated uses in an integrated concept; require an overall master development plan; and provide suitable open space amenities, resource protection, gathering spaces, recreational opportunities; and architectural cohesion.

         Rezoning to a flexible use district shall require submission and approval of an application for a rezoning in accordance with the general procedures set forth in Section 3.4.1, and any modifications applicable to the particular type of flexible use district requested. A rezoning to a flexible use district may be initiated only by an application signed by all of the owners of the property to be included in the district or by an agent authorized by all of the owners to file such application. If the application is approved, the Town Council shall adopt an ordinance authorizing the requested use with such reasonable conditions as are mutually approved by the applicant and Town Council and determined to be desirable in promoting public health, safety and general welfare.

      This Mixed Use District (MXD) was established on August 13, 2009 and may only be used in areas already zoned Mixed Use Overlay District (MUOD). In support of the MUOD provisions, the Mixed Use District (MXD) is a type of flexible zoning district that allows property owners to rezone land subject to specific requirements set forth in a preliminary development plan.

         Every rezoning to a MXD district must be accompanied by a preliminary development plan (PDP) that illustrates how the proposed district is consistent with and furthers policies identified in the Comprehensive Plan, applicable requirements of the Land Development Ordinance, and other applicable plans, ordinances and manuals identified in Section 1.4. Depending upon the location and the existing nature of development, it is not the intent of a MXD district to require each separate building or every individual development site to include a complete, integrated mix of land uses but rather for the Mixed Use Overlay District as a whole to contain a mix of uses designed to meet the Town's overall planning objectives.

         Approval of a MXD district shall require a rezoning pursuant to the procedure set forth in Section 3.4.5 which shall include submission, review, and approval of a preliminary development plan (PDP) or development plan.

         Unless there is no adjacent or closely located property under the same or closely related ownership that qualifies for MXD zoning a single, small parcel or portion of a parcel should not be rezoned to a MXD district when a larger geographic area of developable or redevelopable land could be included. In keeping with the Town's longstanding preference for comprehensively planned areas, the intent of this district is to encompass as much land area as practicable to successfully implement the Comprehensive Plan. However, depending upon the location, size and scale of the Mixed Use Overlay District, nature of the property proposed to be rezoned, the existing zoning in the vicinity, whether or not the adjoining land is developed or vacant, and ownership patterns, the amount of land included in any MXD rezoning case may vary and cannot be predicted in advance. Following a required presubmittal meeting, the Development Review Committee staff will recommend the extent of property(ies) that should be included in any Mixed Use District rezoning application.

            The extent of appropriate uses and development intensity within Mixed Use Overlay Districts increases from neighborhood to community to regional in scale. Table 5.1-1 found in Chapter 5 of this Ordinance identifies allowed uses within each category.

            There shall be no minimum dimensional standards for developments in a MXD district. Dimensional standards shall be stated on the approved preliminary development plan. The applicant shall demonstrate that the requirements of the proposed MXD district satisfy applicable approval criteria.

            (a)   Development in a MXD district shall be subject to all applicable overlay district regulations in Chapter 4, all applicable use regulations set forth in Chapter 5, and all applicable general regulations set forth in Chapters 6, 7, and 8, unless otherwise waived or modified by the approved preliminary development plan. The application shall include development conditions assuring that the proposed preliminary development will meet or exceed the standard requirements of the aforementioned chapters. The preliminary development plan may modify procedural requirements of this Ordinance. Where the preliminary development plan is silent as to a term or requirements, the requirements/standards of this Ordinance and the approved policies and procedures of the Town shall control.

         In addition to the considerations for a general rezoning contained in Section 3.4.1(E), and without limiting council’s broad discretion, council may, when reviewing a proposed rezoning request to a MXD district, consider whether

      (F)   Changes to the Preliminary Development Plan Component of an Approved MXD District

         Changes to preliminary development plans associated with previously-approved MXD zoning districts shall only be allowed in accordance with the provisions in Section 4.4.2(H) or as otherwise stated in this Ordinance.

      This section sets forth regulations for the two (2) types of planned development district (PDD) zoning districts. All PDD zoning districts shall be established either as initial zoning at the time of annexation, or through a rezoning pursuant to the procedures and criteria for rezoning to PDD set forth in Section 3.4.3. PDDs are base zoning districts under this Ordinance (rather than overlay districts, which they were under the previous Unified Development Ordinance).

         The PDD zoning districts allow projects of innovative design and layout that would not otherwise be permitted under this Ordinance because of the strict application of zoning district or general development standards. The PDD districts encourage innovative land planning and design concepts by:

         In return for greater flexibility in site design requirements, planned developments are expected to deliver exceptional quality community designs that preserve critical environmental resources, provide above-average open space amenities, incorporate creative design in the layout of buildings, open space and circulation; assure compatibility with surrounding land uses and neighborhood character; and provide greater efficiency in the layout and provision of roads, utilities, and other infrastructure. The PDD districts shall not be used as a means of circumventing the Town's adopted land development regulations for routine developments.

            Lands rezoned to the Major PDD district shall be twenty-five (25) acres or more in size.

            Lands rezoned to the Minor PDD district shall be at least ten (10) and less than twenty-five (25) acres in size.

         Designation of either a Major or Minor PDD shall require a rezoning pursuant to the procedure set forth in Section 3.4.3, which shall include submission, review, and approval of a planned development master plan. Simultaneous submission of a development plan is optional for a Major or Minor PDD application.

            A planned development may contain any or all of the uses specified in the approved PDD master plan, provided such uses are consistent with the Comprehensive Plan. A wide range of uses is possible in a PDD district, and the specific uses allowed may be different in each PDD district, so the use tables in Chapter 5 (Table 5.1-1) do not include the PDD districts. All uses that are set out in an approved master plan shall be treated as permitted uses within the planned development, except that uses which are prohibited in this Ordinance shall not be permitted within a PDD. Any use not set out in an approved master plan is a prohibited use, except that accessory uses shall be permitted unless explicitly prohibited. The PDD master plan and/or document shall specify the particular use(s) permitted and their locations within the areas of the PDD. Specific use designations in the PDD shall use the same corresponding terms listed in Chapter 5 of this Ordinance.

               Where the master land use plan and other documents approved as part of the PDD zoning are silent as to a term or requirements, the requirements/standards of this Ordinance and the approved policies and procedures of the Town that are applicable to that aspect of development shall control.

            The planned development's master plan shall demonstrate a safe and adequate on-site transportation system that addresses vehicular, bicycle, transit and pedestrian circulation. The on-site transportation system shall be integrated with the off-site transportation circulation system of the Town.

            The planned development's master plan shall comply with the off-street parking and loading requirements of Section 7.8, except that variations from these standards may be permitted if a comprehensive parking and loading plan for the development is submitted as part of the master plan that is suitable for the development and consistent with the intent and purpose of the off-street parking and loading standards of this Ordinance.

               Landscaping shall comply with the standards of Section 7.2, except that variations from these standards may be permitted where it is demonstrated that the proposed landscaping sufficiently buffers uses from each other, ensures compatibility with land uses on surrounding properties, creates attractive streetscapes and parking areas, and is consistent with the urban design objectives and/or character of the area.

               Variations from the minimum state-mandated stream buffers including any Neuse River Riparian Buffer shall not be allowed without requisite approvals from the appropriate state agency.

               Each residential planned development (or residential portion of a mixed use planned development) shall dedicate recreational open space consistent with the requirements in Chapter 8.

               Each residential planned development (or residential portion of a mixed use planned development) shall provide common open space as a percentage of the entire parcel according to the following table:

 

               Each residential planned development (or residential portion of a mixed use planned development) shall provide adequate private, common open space facilities including both active and passive recreational uses.

               All open space and recreational amenities shall be completed and conveyed before certificates of occupancy may be issued for more than fifty (50) percent of the dwelling units in the planned development or, if the approved master plan divides the development into phases, in that phase of the development of which the amenity is a part.

               Planned developments with seven hundred (700) or more residential units which are required to set aside reserve land for potential purchase by the Town for use as recreation land shall be required to include alternative contingency plans for the reserve land in the event it is not acquired by the Town.

(Ord. No. 2009-LDO-06, 8-13-09; Ord. No. 2013-LDO-02, 6-13-13; Ord. No. 2017-LDO-01, 1-24-17; Ord. No. 2017-ACT-02, 12-14-17; Ord. No. 2019-LDO-03, 10-10-19; Ord. No. 2020-LDO-01, 5-7-20; Ord. No. 2021-LDO-01, 6-24-21; Ord. No. 2023-LDO-03, 6-22-23; Ord. No. 2025-CODE-01, 4-10-25)