(A) Athletic Field, Public
(1) All facilities shall be designed to be compatible with the surrounding landscape, such that the minimum possible grading will be required and the minimum disturbance and removal of existing vegetation will be required.
(2) Any enclosure, such as fences and walls, shall be designed to be compatible with surrounding structures and shall not include the use of barbed or razor wire.
(3) If installed, exterior lighting shall meet the functional needs of the facility without adversely affecting adjacent properties or the neighborhood. Exterior lighting shall not be used before 7:00 am or after 10:00 pm.
(B) Day Care Centers
Day care facilities shall comply with all state and federal laws that pertain to child health, safety, and welfare. In addition, all day care facilities shall comply with the following specific requirements:
(1) The center shall provide a fenced play area as required by the General Statutes. The fence shall be a solid (opaque) fence at least four (4) feet high. This requirement is not applicable for adult day care homes;
(2) Landscaping shall be provided in order to blend the center into the neighborhood, screen its purely functional aspects from the street and neighboring yards, and absorb and/or deflect any excessive noise; and
(3) The structure in which the center is located is similar in appearance to the character of the neighborhood in terms of architectural style, predominant building materials, building mass and height, and setbacks.
(4) If a new center is proposed for property in a residential district, then all the development standards of this Ordinance shall be met, and minor modifications or other reductions to the standards shall not be granted.
(5) If the center is proposed for property in a residential district, then it must be located on property which fronts a thoroughfare or collector street as depicted in the Cary Transportation Plan.
(C) School
(1) Any proposed school, whether public or private, proposed within a residential district on a site or parcel of twenty (20) acres in size or smaller shall be required to meet the following standards:
(a) Such uses shall obtain a Special Use Permit consistent with Section 3.8 of this Ordinance;
(b) Such uses shall be located on parcel or site which fronts a thoroughfare or collector roadway; and
(c) New schools shall meet all the development standards of this Ordinance, and minor modifications or other reductions to the standards shall not be granted; and
(d) Expansions or alterations to existing schools shall be required to meet these requirements to the maximum extent practicable.
(e) Any subsequent principle or accessory use associated with an existing school (which is required to obtain a Special Use Permit) which would increase the intensity of the facility shall also be required to obtain a special use. For the purposes of this Section, increases in intensity shall be measured as increases in vehicular trips generated and/or increases in impervious surface by five (5) percent or more for either aspect.
(2) Temporary structures serving as expansion space for schools are allowed in all districts in which schools are allowed, subject to the following standards:
(a) Such temporary structures shall not be located between the principal building and any abutting right-of-way. An exception to this requirement may be considered where there is no other practical alternative due to topography, presence of utilities or easements, existence of undisturbed open space and buffers, or other site features that are beyond the applicant's control.
(b) At least six hundred (600) square feet of evergreen screening material shall be provided in the immediate vicinity of each temporary structure in order to screen the base of the structures from the view of other properties and public streets.
(3) Any proposed school, whether public or private, required by Section 3.9.2 to submit a Traffic Management Plan shall comply with the terms of the approved Traffic Management Plan.
(D) Neighborhood Recreation Center, Public
(1) Enclosure Required for Swimming Pools, Hot Tubs, and Spas
(a) General Requirement
In order to protect unattended children from the risk of drowning:
1. All below-ground outdoor swimming pools, hot tubs, or spas having a depth of eighteen (18) inches or greater at the deepest point shall be completely surrounded by a fence or wall with a height of no less than four (4) feet. The fence or wall may be made of any suitable and durable material. The fence or wall shall be designed so that a four and one-half (4½) inch diameter sphere cannot pass through any opening. The principal or accessory building may be used as part of such enclosure.
2. All above-ground swimming pools shall maintain gates at access points into the pool.
3. All gates required by this section shall have self-closing and self-latching devices that keep the gate or door closed at all times when not in actual use. However, the door of any dwelling that furnishes part of the enclosure need not be so equipped.
(b) Exemption
A portable spa or hot tub with a safety cover that complies with ASTM ES13 entitled "Emergency Standard Performance Specifications for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas, and Hot Tubs," 1989 edition, is exempt from the requirements of this section.
(2) Separate Approval Required
The approval of the Planning Director shall be required prior to the construction of a swimming pool, hot tub, or spa covered by subsection (a) above. The Director shall approve the swimming pool, hot tub, or spa if it meets all of the above standards.
(E) Religious and Other Assembly Uses
(1) Any religious or other assembly use (i.e., club, lodge, or hall) located upon residentially-zoned property that is twenty (20) acres in size or smaller shall be required to meet the following standards:
(a) Such uses shall obtain a Special Use Permit consistent with Section 3.8 of this Ordinance. This requirement shall also apply to residentially-zoned properties twenty (20) acres in size or smaller located within a Mixed Use Overlay District and/or a residentially-designated portion of a planned development district;
(b) New or proposed religious or other assembly uses shall be located on parcel or site which fronts a thoroughfare or collector roadway; and
(c) Such uses shall meet all the development standards of this Ordinance, and minor modifications or other reductions to the standards shall not be granted. Existing religious or other assembly uses shall meet this requirement to the maximum extent practicable.
(d) Any subsequent principal or accessory use associated with an existing religious or other assembly (which is required to obtain a Special Use Permit) that would increase the intensity of the facility shall also be required to obtain a special use. For the purposes of this Section, increases in intensity shall be measured as increases in vehicular trips generated and/or increases in impervious surface by five (5) percent or more for either aspect.
(e) Uses that have or are intended to have more than one worship ceremony or meeting within any two (2) hour window shall be required to provide overflow parking at one (1) space for every two and one-half (2.5) persons of maximum fire-rated occupancy in addition to the standard parking requirements listed in Section 7.8.
(2) Any religious or other assembly use (i.e., club, lodge, or hall; special event center) required by Section 3.9.2 to submit a Traffic Management Plan shall comply with the terms of the approved Traffic Management Plan.
(3) Special event centers shall be required to meet the following standards: Outdoor space for tables and/or seating to accommodate event guests may be provided, however the size of such area shall not exceed the event space within the building.
PRINCIPLES OF INTERPRETATION |
For the use-specific standards included in Sections 5.2.2(B), (C) and (E), the intent of prohibiting minor modifications or other reductions to development standards is to maximize the compatibility of such proposed uses with surrounding uses when located in residential areas. Reductions or modifications to development standards such as, but not limited to, buffers, landscaping, setbacks, parking, and building height (i.e. standards included in Chapter 6 - Dimensional Standards and Measurements, and Chapter 7 - Development and Design Standards of this Ordinance) would be inconsistent with the intent of creating and operating uses on sites that are compatible, to the extent practical, with their surroundings. |
(F) College
(1) Special Use Permit approval (see Section 3.8) shall be required for colleges within the OI and GC districts if:
(a) The campus includes athletic fields, gymnasiums, auditoriums or residential use including dormitories; or
(b) The property is located within four hundred (400) feet of a residential use or zoning district.
(G) Town Owned and/or Operated Facilities and Services
(1) The development standards for sites and/or uses, including but not limited to setbacks, buffers, landscaping, parking, etc., shall be those specified for the same (or most similar in nature) use listed in Chapter 12 of this Ordinance.
(H) Governmental Offices
To the extent allowed by state and federal law, (see LDO section 1.6), the following use-specific standards apply to governmental offices that are not Town owned or operated:
In any residential, resource/recreational, and/or general commercial districts, government offices may be allowed as either a permitted or a special use in Table 5.1-1, provided that:
(1) For a federal office, the federal building security level is Level 2 or less as defined by the U.S. Department of Justice; and
(2) the site contains no physical perimeter security barriers to the building and/or parking areas through the use of fencing or other obstructions.
These types of governmental offices may also be allowed in all Town Center sub-districts that permit residential dwelling units.
All types of governmental offices may be allowed as either a permitted or a special use in Table 5.1-1 or Table 5.1-2 in all other districts not specifically mentioned above.