(A) Accessory Dwelling Units
An accessory dwelling unit shall be permitted as an accessory use subject to the following standards:
(1) Districts Allowed
Accessory dwelling units, including temporary health care structures as provided in G.S. 160D-915, shall be allowed as accessory uses to principal residential uses as depicted in Table 5.1-1 as well as the following:
(a) In planned developments where such uses are indicated in the Planned Development Master Plan; and
(2) Where Permitted on Lot
A permitted accessory dwelling unit shall comply with all applicable site and building design, access, and other standards for principal dwelling units in the zoning district in which the accessory dwelling unit will be located; except that such structures, not including temporary health care structures, shall only be required to meet the setback requirements for accessory structures. Temporary health care structures shall comply with all setback requirements that apply to the primary structure. Manufactured homes, recreational vehicles, and travel trailers shall not be used as accessory dwelling units.
(3) Size of Accessory Unit
No accessory dwelling unit shall exceed thirty-three (33) percent of the size of the habitable floor area of the principal dwelling unit, or eight hundred (800) square feet, whichever is less, except that a temporary health care structure may have no more than 300 gross square feet. An accessory dwelling unit shall contain private sanitary facilities with hot and cold running water and cooking and food storage facilities.
(4) Limit on Number
There shall be no more than one (1) accessory dwelling unit on a lot in addition to the principal dwelling.
(5) Off-Street Parking
At least one (1) off-street parking space shall be provided for each bedroom located in an accessory dwelling unit.
(6) Home Occupations
Home occupations shall be prohibited within an accessory dwelling unit.
(B) Utility Dwelling Units
A utility dwelling unit shall be permitted within a principal single-unit dwelling, provided the following conditions are met that insure the use is consistent with such a unit:
(1) The utility dwelling unit is within, connected by covered walkway, or situated within five (5) feet of the principal dwelling located on its own lot;
(2) The combination of the utility dwelling unit and the principal structure on the lot continue to meet the minimum setback requirements for a single-unit dwelling;
(3) The utility dwelling unit shall contain no more than thirty-three (33) percent of the gross livable floor area of the total dwelling, or more than eight hundred (800) square feet, whichever is smaller. The separate bathroom facilities must include a toilet and bathing facilities;
(4) Any entrance to the utility dwelling unit from the outside shall not be on the front wall of the principal structure;
(5) Home occupations shall be prohibited within a utility dwelling unit; and
(6) A minimum total of four (4) off-street parking spaces shall be provided for the principal dwelling and the utility dwelling unit. An exception to this requirement may be approved by the Planning Department if written verification is given by the property owner that the occupants of the utility dwelling unit, due to age or physical disability, will not have vehicles on-site. No more than two (2) vehicles owned by the occupants of the utility dwelling unit will be permitted and must be parked off-street.
(C) Home Occupations
A home occupation shall be permitted as accessory to a principal dwelling unit in accordance with the following:
(1) General Requirements
The following standards apply to all home occupation uses:
(a) Employees and Residency
(i) The principal person or persons providing the business or service resides in the dwelling on the premises.
(ii) The home occupation employs no more than one (1) person who does not reside on the premises.
(b) Neighborhood Compatibility
(i) The home occupation causes no change in the external appearance of the existing buildings and structures on the property.
(ii) There shall be no commercial vehicles, and no more than two (2) noncommercial vehicles associated with the home occupation.
(iii) There is sufficient off-street parking for patrons of the home occupation, with the number of off-street parking spaces required for the home occupation to be provided and maintained in addition to the space or spaces required for the dwelling itself pursuant to Section 7.8 of this Ordinance.
(iv) No additional parking areas other than driveways shall be located in the required front setback.
(v) [Reserved]
(vi) The property contains no outdoor display or storage of goods or services that are associated with the home occupation.
(vii) Wholesale or retail sales of goods do not occur on the premises.
(viii) The home occupation does not create traffic or parking congestion, noise, vibration, odor, glare, fumes, or electrical or communications interference which can be detected by the normal senses off the premises, including visual or audible interference with radio or television reception.
(c) Compliance Regulations for Food Preparation
Prior to receiving an Accessory Use Permit for businesses associated with food preparation or catering, the applicant must show proof of compliance with all County environmental and health regulations and NC State Building Code regulations.
(2) Size and Area
(a) Type I Home Occupation
A Type I home occupation involves administrative support for the rendering of a service off-site in exchange for monetary fees or other remuneration, and complies with all of the following:
(i) no customers or clients visit the home;
(ii) no employees living outside the home are physically employed at the residence;
(iii) no delivery of goods or materials to the home is required in connection with the business; and
(iv) no material goods or products are produced, stored, or manufactured at the residence.
A Type I home occupation may occupy up to twenty (20) percent of the heated floor area of the residence, or five hundred (500) square feet, whichever is less.
(b) Type II Home Occupation
A Type II home occupation involves the rendering of service on-site, or administrative or other support for the rendering of a service off-site in exchange for monetary fees or other remuneration in a manner that complies with the general requirements specified in Section 5.3.4(C)(1), but does not qualify as a Type I Home Occupation.
A Type II home occupation may occupy up to ten (10) percent of the heated floor area of the residence, or five hundred (500) square feet, whichever is less.
(3) Applicability of Accessory Use Permit
Approval of an accessory use permit shall be required for all Type II home occupation uses.
(4) Applicability to Small and Large Day Care Homes
(D) Outdoor Display and Sales
Outdoor display and/or sale may be allowed as an accessory use for all uses requiring development plan approval. It is the intent of this Ordinance to allow the display of merchandise for sale by the merchant of the principal use, but not where the display of such items impedes the flow of pedestrian or vehicular traffic, or creates an unsafe condition. This shall not include hazardous and flammable materials, such as gasoline, oil, antifreeze, kerosene, poisons, pesticides and similar items. The display of goods shall meet all of the following requirements:
Outdoor Display and Sales
(1) Procedural Requirements
Outdoor display and/or sale shall require approval of the Planning Director. All new development plans must show the location of such areas in accordance with this section. Existing non-residential uses must submit a sketch showing the location of the outdoor display or sales areas and how the requirements of this section are to be met. Approval may be subject to appropriate conditions by the Planning Director.
(2) Where Permitted
(a) All outdoor display and/or sale of goods shall be located immediately adjacent to the storefront and not in drive aisles, loading zones, fire lanes, or parking lots, except as otherwise allowed or required in this Section 5.3.4(D)(2).
(b) The area in front of a store that may be used for outdoor display and/or sales shall be limited to no more than one-half (1/2) of the length of the front of the building. In the case of a shopping center, the "front of the building" shall include the entire frontage of the shopping center, meaning that the total amount of display for all the in-line tenants combined shall not exceed fifty (50) percent of the aggregate building frontage of the overall shopping center. If the store is located in a building that is one hundred thousand (100,000) square feet or larger in size and meets a minimum setback of three hundred (300) feet from a thoroughfare, then the area on one (1) side of the building may be used for outdoor display and/or sales, as long as the area is limited to no more than three-quarters (3/4) of that side of the building.
(c) The area of outdoor display and/or sales shall not encompass the width of the entrance doors to the facility as projected straight out from the facility. For example, if the width of the entrance doors is ten (10) feet, then there shall be at least a ten (10) foot clearance from the doors as projected straight out and away from the facility.
(d) Where adjacent to and accessible from an on-site parking area, at least five (5) feet along the parking lot side of the display shall be maintained free of obstruction to allow for pedestrian and handicap movement, such that handicapped pedestrians and others do not have to enter the parking lot or drive aisle to walk around the display.
(e) No goods shall be attached to a building's wall surface.
(f) The height of the outdoor display shall not exceed six (6) feet, unless an exception to this provision has been granted by the Planning Director.
(g) Where adjacent to and accessible from an on-site parking area, the outdoor display and/or sales area shall take place on an improved surface such as the sidewalk or pavement. Either the outdoor display and/or sales area, or the required area of pedestrian/handicap movement, must be clearly marked by a contrasting paint color or a unique surface treatment (e.g., use of different materials, scored surface, etc.).
(h) Retail sales or display of goods, products, or services from a motor vehicle, trailer, or shipping container is prohibited, unless explicitly allowed in this Section 5.3.4(D)(2).
(i) Where the principal use is located within a general shopping center (as defined in LDO Chapter 12), or Mixed Use Overlay District, sale of bulk horticultural or agricultural products such as plants, mulch and pinestraw may occur in parking lots from March 15 through June 15 of each year, subject to all of the following:
(i) such display and/or sales may occur from a maximum of two (2) vehicles, trailers, or shipping containers; and
(ii) such display and/or sales may occur outside of drive aisles within a designated area in the parking lot not to exceed two thousand (2,000) square feet provided that: any parking spaces located within the designated area are in addition to the minimum number of parking spaces required for the principal use; such designated area is delineated by barrier at least three (3) feet in height, with a single entrance; such designated area is set back at least five (5) feet from any adjacent drive aisle; and access to such designated area is located so as to minimize the need to cross drive aisles;
(iii) such designated areas, vehicles, trailers or containers will not interfere with the movement of emergency vehicles to such an extent that adequate police, fire, or other emergency services will be impeded and will not likely cause unreasonable or unwarranted disruption to vehicular or pedestrian traffic; and
(iv) such designated areas, vehicles, trailers or containers shall be located in a manner that minimizes visibility from public streets.
(j) Within the area inside the outer perimeter of the Town Center District, including all subdistricts and conditional use districts, outdoor display and sales area may not exceed twenty-five percent (25%) of the floor area of the principal use, subject to the following:
(i) all of or a portion of the allowable outdoor display and/or sales area may be located in the side and/or rear yards if enclosed within a minimum forty- two (42)-inch-high decorative fence attached to the building; and
(ii) up to forty percent (40%) of the allowable outdoor display and/or sales area may be located between the front of the building and the street right-of-way.
(3) Temporary Sales Events Distinguished
(E) Outdoor Storage as an Accessory Use
Outdoor storage may be allowed as an accessory use for all uses requiring development plan approval. The storage area shall meet all of the following requirements:
(1) Each outdoor storage area shall be incorporated into the overall design of the primary structure on the site and shall be located at the rear of the primary structure.
(2) Goods stored in an approved outdoor storage area shall be limited to those sold on the premises as part of an associated, additional primary use.
(3) Each outdoor storage area shall be screened from view from all property lines and adjacent rights-of-way by an opaque fence or wall between six (6) and eight (8) feet in height that incorporates at least one (1) of the predominant materials and one (1) of the predominant colors used in the primary structure. The fence may exceed eight (8) feet in height where the difference in grade between the right-of-way and the outdoor storage area makes a taller fence necessary to effectively screen the area. Materials may not be stored higher than the height of the primary structure. The perimeter of the fence or wall must be landscaped with a seven (7)-foot wide strip containing a minimum of one (1) tree for every one hundred fifty (150) square feet of lot area.
(4) A landscaped earth berm may be used instead of or in combination with a required fence or wall.
(5) If the outdoor storage area is covered, then the covering shall include at least one (1) of the predominant exposed roofing colors on the primary structure.
(6) Flammable liquids or gases in excess of one thousand (1,000) gallons shall be stored underground.
(7) No materials may be stored in areas intended for vehicular or pedestrian circulation.
(8) If installed, exterior lighting shall meet the functional needs of the facility without adversely affecting adjacent properties or the neighborhood.
(F) Satellite Dish Antenna
(1) Purpose
These regulations are adopted in order to:
(a) Comply with applicable state and federal law, including the federal Telecommunications Act of 1996;
(b) Control the location and screening of satellite dish antennae to lessen any impact on surrounding properties; and
(c) Preserve the Town's image and character.
(2) Small Satellite Dish Antennae
Satellite dish antennae of one (1) meter (or thirty-nine (39) inches) or less in diameter are permitted accessory uses in all residential and non-residential zoning districts. Such dishes shall not be located within the public right-of-way.
(3) Large Satellite Dish Antennae
(a) Non-Residential Zoning Districts
Satellite dish antennae measuring one meter (or 39 inches) or more are permitted accessory uses in non-residential zoning districts.
(b) Residential Zoning Districts
Satellite dish antennae measuring one meter or more are permitted accessory uses in the residential zoning districts. Such dishes are subject to the requirements set forth below to the maximum extent feasible, but only where there is no impairment of acceptable signal quality. These regulations are not intended to impose unreasonable delays or impose unreasonable costs on the installation, maintenance, or use of satellite dishes, and shall not be interpreted or enforced in any manner contrary to federal or state law.
1. Location
Satellite dishes shall be located to the rear of the principal building, but not within ten feet of any side or rear property line or in any required buffer.
2. Screening
Satellite dishes shall be screened so that no more than 40 percent of the area of the satellite dish antenna is visible from any public street or private street open to the public. The screen may consist of, but is not limited to, fences, buildings, plantings, or any other opaque vegetation or structure permanently affixed to the real property. Screens of vegetation may be installed to meet this requirement.
(G) Vehicular Gate
(1) Purpose and Intent
The regulations of this section are intended to clarify existing Town prohibitions on vehicular gates in residential districts and to specify the conditions under which vehicular gates used for security purposes may be installed in other districts.
(2) Public Streets
No vehicular gate shall be allowed on any public street, nor on private streets in residential districts, nor in any residential development.
(3) Public Vehicular Areas
Vehicular gates may be allowed on public vehicular areas only as set forth in this section. "Public vehicular areas" include areas for driving, parking, and loading or unloading of vehicles.
(a) Residential Districts
No vehicular gate shall be allowed in any residential district.
(b) Non-Residential Districts
1. Vehicular gates may be permitted in non-residential districts, provided they are not in residential use, at entrances and exits of:
a. Parking lots to regulate or control parking where the parking lot is a principal use of the property;
b. Mini-storage areas, to control access to the mini-storage containers only; and
c. Outdoor equipment storage areas, provided in all cases it is only the equipment storage area that is enclosed by the vehicular gate, and no building access is affected by the vehicular gate.
2. Vehicular gates may be permitted in non-residential districts at the entrances and exists of other uses not listed above provided the following standards are met:
a. The primary purpose of the gate is to provide safety and security for the area located beyond the gate by regulating access of motor vehicles to that area; and
b. The vehicular security gate shall be staffed 24 hours a day so that police and all emergency vehicles will be allowed immediate access without delay, unless all emergency service providers find that such staffing is not necessary; and
c. The vehicular security gate is maintained in good operating condition.
(H) Recycling Drop-Off Stations
Recycling drop-off stations shall be permitted as accessory uses in conjunction with any use which does not receive refuse collection from the Town of Cary. Section 10-37 of the Code of Ordinances states that the Town will not provide refuse collection services for any building with more than six (6) units in a residential, office, business or industrial zone or permitted use in an overlay zone, nor will the Town provide refuse collection services for any use or building which exceeds the maximum stated volume of refuse (four 32 gallon containers picked up twice a week). Recycling drop-off stations shall comply with the following standards:
(1) All drop-off containers and storage bins, with the exception of roll-out carts located in townhouse and multi-family developments and recycling containers located on school sites, shall be screened from view to at least fifty (50) percent of the height of the containers and bins in the station. The screen may be fencing or plantings. If plantings are used, the plants must reach the height indicated in the previous sentence within three (3) years of planting. Roll-out carts shall be a neutral or earth tone color, not be visible from a public street, and be located within the interior of the development;
(2) The station shall be kept free of litter, debris, and residue;
(3) Each station shall be allowed one ground identification sign no more than sixty (60) inches high and seventeen (17) square feet in area, apportioned between all the sides of the sign. The sign shall include the name and telephone number of a party responsible for management and maintenance of the station shall be clearly posted at the station;
(4) Drop-off containers and storage bins shall be located no closer than fifty (50) feet to a lot occupied by a dwelling;
(5) Excluding screening, drop-off containers and storage bins shall occupy no more than five hundred (500) square feet in total;
(6) The station shall not occupy or block access to parking spaces or aisles which Chapter 12 of this Ordinance requires for the principal use;
(7) The station shall not involve the unattended parking of a trailer;
(8) All drop-off containers and storage bins shall be durable, waterproof, rustproof, covered, and secure from unauthorized entry, and shall be clearly marked to indicate the type of material to be deposited therein;
(I) Swimming Pools, Hot Tubs and Spas
(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 (4) and one-half (1/2) 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) Such uses shall be required to meet the setback provisions for accessory structures indicated in Table 6.3-1.
(J) Animal Husbandry
For the purpose of this section the definitions of "chicken," "domestic fowl" and "livestock" from Chapter 6 of the Town of Cary Code of Ordinances shall apply.
(1) Residential-80 and Residential-40 Zoning Districts
The keeping of livestock and domestic fowl shall be allowed as an accessory use in the R-40 and R-80 zoning districts with no permit required, provided all of the following conditions are met:
(a) Such animals may not be kept for the express purpose of commercial sale;
(b) Cows, bulls, horses, mules, ponies, burros, llamas or other hoofed mammals are limited in quantity per acre in accordance with North Carolina Department of Agriculture guidelines;
(c) Stables for the keeping of hoofed mammals may not be erected closer than three hundred (300) feet to any residence on an adjacent property;
(d) The keeping of swine is prohibited; and
(e) The keeping of roosters is prohibited on lots smaller than five (5.0) acres.
(2) Other Zoning Districts
The keeping of chickens shall be permitted as an accessory use in conjunction with detached, single-unit residential uses in the R-20, R-12, R-8, TR, TC-MDR, TC-LDR, TC-LDR-12, PDD and MXD districts where the minimum lot size is six thousand (6,000) square feet. Such use shall only occur in accordance with the following:
(a) Accessory Use Permit Required
An accessory use permit must be secured in accordance with Section 3.5. The permit application must include a plot plan that shows the location and dimensions of the chicken coop and chicken pen, and their distance from the property lines.
(b) Number and Type of Chickens Allowed
The maximum number of female chickens (hens) allowed is five (5) per lot. No roosters are permitted.
(c) Personal Use Only
Eggs, chicks, adult chickens, and processed chickens shall not be sold. Chicken manure and compost using chicken manure shall not be sold or otherwise distributed.
(d) Chickens Enclosed
A chicken coop and pen shall be provided, and such coops and enclosures may not include residential structures or garages. Chickens shall be secured in the chicken coop during non-daylight hours. During daylight hours, chickens may be located in the chicken pen.
(e) Location of Coops, Pens and Tractors
Chicken coops, pens, and tractors (whether stationary or moveable) shall only be located in rear yards (behind the line formed by the back wall of the residence), shall comply with a minimum setback of fifteen (15) feet from side and rear property lines, shall be located closer to the owner's primary structure than any neighbor's primary structure, and shall be outside of regulated urban transition buffers. The cumulative area limitations for accessory structures contained in Section 5.3.2(E) are not applicable unless a building permit is required for such an accessory structure.
(f) Coop and Pen Construction and Design
The chicken coop, tractor, and/or pen shall be properly designed and constructed to provide adequate security from rodents, wild birds, and predators; sufficient ventilation; and suitable shelter for the hens.
(g) Chicken Coop and Pen Management
(i) Maintenance.
The permittee shall ensure that chickens shall have adequate access to feed, clean water, and bedding at all times. The chicken coop, chicken pen, and surrounding area shall be cleaned of hen droppings, uneaten feed, feathers and other waste, and shall be kept in a neat and sanitary condition at all times to preclude odors and aesthetic nuisances. Chicken feed shall be stored in a secure container.
(ii) Manure and Compost.
Chicken manure shall be bagged and disposed of with household waste or composted on-site. All stored manure shall be completely contained in a waterproof container. Any compost using chicken manure shall be produced in an enclosed backyard composter and such activity shall comply with the Town Code of Ordinances.
(iii) Slaughter or Disposal of Dead Chickens.
On-site slaughter shall be prohibited in accordance with the Town Code of Ordinances.
Dead chickens. If a chicken dies from causes other than slaughter, it shall be promptly placed into a plastic bag, which shall be closed securely and disposed of with household waste.
(K) Yard Parking on Single-Unit and Duplex Residential Lots
(1) Vehicular parking area shall not exceed either of the following:
(a) Forty (40) percent of any streetyard; or
(b) Three hundred and thirty (330) square feet plus:
i) an area equal to the linear depth of the front yard multiplied by fifteen (15) feet; or
ii) a circular or semi-circular driveway, not to exceed a width of fifteen (15) feet, with no more than two (2) access points on the street; or
iii) a combination of i) and ii) above.
(2) Vehicular parking area shall be located in clearly delineated space(s) on an improved surface such as concrete, asphalt, gravel or other non-eroding material, with the following exception:
(a) Up to two (2) vehicles may be parked on an unimproved surface on lots recorded and developed prior to January 14, 2010, provided that said parking is parallel to the driveway.
PRINCIPLES OF INTERPRETATION |
Section 5.3.4(K) is not intended to apply to parking for a short duration, such as for deliveries, visitors, and infrequent social events. |
(L) Day Care Homes, Large
(1) A large day care home is intended for the care of seven (7) to twelve (12) children at any given time. Large day care home uses may be permitted as a special use in any single-unit residential dwelling on a lot which is twelve thousand (12,000) square feet or greater in size provided that all the following provisions are met:
(a) Appropriate licensing by the North Carolina Department of Health and Human Services, Division of Child Development is maintained;
(b) The home shall be reviewed and approved as a special use in accordance with the procedures and standards set forth in Section 3.8 of this Ordinance;
(c) No building modifications may be made to the structure to accommodate the use except those required by the Building Code;
(d) The home shall comply with or exceed the parking standards in Table 7.8-1 and the number and location of parking spaces shall be adequate to provide for child drop-off and pick-up in a safe manner;
(e) If construction of additional parking area or driveway width is needed in order to meet minimum parking requirements, then such areas shall be clearly delineated, and shall be screened to a minimum height of three (3) feet from the view of adjacent residential properties. Such screening may be provided by evergreen plantings that will attain a minimum height of three (3) feet within three (3) years of planting, or by the use of a fence made of wood (or a comparable composite material) that is at least three (3) feet in height and is designed to screen at least three-quarters (3/4) of the view through the fence from adjacent properties. Screening shall not be required for parking areas located in the portion of a one (1)- or two (2)-car wide driveway between the street and the front of the residence or located adjacent to non-residential property.
(f) A sketch of the site shall be provided showing the residence, driveway and parking areas, outdoor play area, fencing, residences located on adjoining lots;
(g) The principal person or persons operating the day care home must reside on the premises;
(h) The day care home shall employ no more than one (1) person who does not reside on the premises; and
(i) The operator obtains all required permits and licenses from the Town of Cary.
(2) Day care homes that are licensed by the State of North Carolina and authorized by the Town of Cary to care for up to eight (8) children as of January 28, 2010 shall be deemed conforming and may continue to operate as approved without a Special Use Permit as long as a valid license from the North Carolina Department of Health and Human Services, Division of Child Development is maintained and the use does not cease operation for more than one hundred eighty (180) consecutive days.
(M) Day Care Homes, Small
(1) A small day care home is intended for the care of up to six (6) children not related to the care provider by birth, marriage, or adoption at any given time. Adult care is limited to three (3) adults eighteen (18) years old or older. Small day care home uses shall be permitted as an accessory use in a residential dwelling unit provided that all the following provisions are met:
(a) Appropriate licensing by the North Carolina Department of Health and Human Services, Division of Child Development is maintained;
(b) The home shall comply with the parking standards in Table 7.8-1. No less than three (3) on-site parking spaces shall be provided, and the number and location of parking spaces shall be adequate to provide for child drop-off and pick-up in a safe manner;
(c) If construction of additional parking area or driveway width is needed in order to meet minimum parking requirements, then such parking areas shall be clearly delineated, and shall be screened to a minimum height of three (3) feet from the view of adjacent residential properties. Such screening may be provided by evergreen plantings that will attain a minimum height of three (3) feet within three (3) years of planting, or by the use of a fence made of wood (or a comparable composite material) that is at least three (3) feet in height and is designed to screen at least three-quarters (3/4) of the view through the fence from adjacent properties. Screening shall not be required for parking areas located in the portion of a one (1)- or two (2)-car wide driveway between the street and the front of the residence or located adjacent to non-residential property.
(d) The principal person or persons operating the day care home must reside on the premises;
(e) The day care home shall employ no more than one (1) person who does not reside on the premises; and
(f) The operator obtains all required permits from the Town of Cary.
(N) Caretaker's Residence
A caretaker's residence may be allowed as a permitted accessory use provided the following standards are met:
(1) The residence shall be occupied by a bona fide caretaker or watchman employed by the principal on the property and shall be accessory to the principal use;
(2) The principal use of the property shall be a kennel, animal hospital, mini-storage facility, light or heavy manufacturing establishment, warehousing and distribution establishment, wholesale establishment, research laboratory, or prototype processing and production plant;
(3) There shall be no more than one (1) caretaker's residence on the property; and
(4) The living quarters shall be limited to one (1) floor and constructed so that the exterior of the premises provides a development style uniform with the main structure.
(O) Beekeeping
(1) General Requirements
(a) The maximum number of hives allowed shall be five hives on a single parcel.
(b) No hive shall be established or kept within ten (10) feet of a property line.
(c) Hives shall be placed at ground level or securely attached to an anchor or stand.
(d) A constant and adequate on-site source of fresh water shall be provided, and shall be located closer to the hive than any water source on adjacent property.
(e) An accessory use permit must be secured in accordance with Section 3.5. The permit application must include a plot plan that indicates the number of beehives, shows the location of each beehive and water source(s), and their respective distances from property lines.
(f) In the event that a nuisance is not abated in accordance with Town Code Section 6-71a (Nuisance Bees) and no final appeal is made, then the Planning Director may revoke the owner's Accessory Use Permit, and the owner shall be unable to reapply for another Accessory Use Permit for Beekeeping for a period of twelve (12) months. The owner may appeal revocation of the Accessory Use Permit to the Zoning Board of Adjustment pursuant to Section 3.21 of the Land Development Ordinance.
(2) Additional Requirements for Community Gardens
Beekeeping shall also be permitted as an accessory use in conjunction with a community garden. Such use shall only occur in accordance with the requirements identified in Section 5.3.4(O)(1) and the following additional requirements:
(a) The property owner(s) signs the accessory use permit application granting permission for beekeeping to occur on the property.
(b) A beekeeper(s) that is a registered member of a local or state beekeeping association and has documented training in beekeeping, also signs the application and certifies that he/she will be responsible for the ongoing maintenance and overall care of the hive(s).
(P) Food Trucks
The purpose of these regulations is to promote the general health, safety and welfare of the citizens of the town by establishing reasonable regulations and review procedures to allow for the retail sale of food and food products via mobile food vending vehicles, commonly called "food trucks." The intent of these provisions is to establish rules related to the location and operation of food trucks on private and public property within the town, while considering their potential effects on public streets, public properties, nearby residential properties, and other food service establishments. These provisions are not intended to apply to peddlers and solicitors who are otherwise regulated under Chapter 20, Licenses and Business Regulations, of the Cary Town Code.
(1) Developed Sites in Non-Residential Zoning Districts, Mixed Use Overlay Districts and Non-Residential Portions of Planned Development Districts, and HMXD, MXD, COM, OFC/INS and OFC/IND Sub-districts of the Town Center District
(a) Permits Required
1. An accessory use permit per Section 3.5 shall be obtained by the property owner for any lot proposed to accommodate one (1) or more food truck businesses. A copy of the accessory use permit shall be kept in the food truck.
2. The accessory use permit application shall include a list of potential food truck businesses expected to operate on the lot, and a copy of the following for each business:
a. NC Sales and Use Certificate for collecting and paying the proper sales taxes and prepared meals taxes; and
b. Wake County Environmental Services Vending Permit and a means for the disposal of grease within an approved grease disposal facility.
Said certificate and permit shall be clearly displayed on the food truck.
3. The accessory use permit shall be valid for up to one (1) calendar year and may be amended during the period of validity to remove or add specific food truck business(es) authorized to operate on the lot.
4. The Accessory Use Permit shall designate the specific locations on a given site where a food truck may operate.
(b) Locational Standards
Food trucks shall be located on developed lots in accordance with the following standards:
1. Food trucks must be located in an area that is not actively used by an existing, approved principal use on a developed lot.
2. Food trucks may not encroach upon open space, landscaping, fire lanes, vehicular access ways or pedestrian walkways, and shall not obstruct or disturb existing buffers or required setbacks from buffers or streetscapes,
3. Food trucks shall be located a minimum of one hundred (100) feet from the main entrance of any eating establishment or similar food service business, any outdoor dining area, and any other food truck location, as measured in a straight line. This one hundred (100) foot separation requirement shall not apply to a food truck located on the same lot as an eating establishment or similar food service business, outdoor dining area, or other food truck, so long as all other requirements of this Ordinance are met. No more than three (3) food trucks may be located on single lot.
4. Food trucks may not be located within one hundred fifty (150) feet of a lot with a dwelling unit as measured in a straight line from the location of the food truck to the nearest property boundary.
5. In the event that one (1) or more permanent restaurant or other food service establishments or residences locate within the minimum separation requirement after an accessory use permit for a food truck location has been issued, the food truck may continue to operate under the terms of its Accessory Use Permit until said permit expires.
6. Food trucks shall be located a minimum of five (5) feet from any fire hydrant, sidewalk, utility box, handicap ramp and building entrance.
7. Food trucks may not occupy parking spaces required to fulfill the minimum requirements of the principal use, unless the hours of operation of the principal use do not coincide with those of the food truck.
(c) General Operational Standards
1. Food trucks may only operate between the hours of 6:00 a.m. to midnight.
2. Food trucks must be removed from all permitted locations during the hours when they are not permitted to be in operation, and may not be stored, parked, or left overnight on any public street or sidewalk.
3. One sandwich board sign shall be allowed.
4. Amplified music is not permitted.
5. Outdoor seating areas for dining associated with a food truck, including but not limited to tables, chairs, booths, bar stools, benches, and standup counters, are not permitted.
(d) Health and Sanitation Standards
1. All food preparation, storage, and sales or distribution by a food truck operator shall be in compliance with all applicable County, State and Federal Health Department sanitary regulations. In accordance with such laws, the food truck shall return daily to a commissary for proper servicing.
2. The operator shall keep all areas within five (5) feet of the food truck and any associated customer or dining area clean of grease, trash, paper, cups or cans associated with the food truck.
3. Each food truck operator is responsible for the proper disposal of solid waste associated with the operation of the food truck and any outdoor dining areas. Public trash receptacles are not to be used for this purpose.
4. Operators shall remove all waste and trash prior to leaving their approved location or as needed to maintain the health and safety of the public.
5. No waste or grease may be disposed in storm drains, the sanitary sewer system or onto the sidewalks, streets, or other public spaces.
6. If at any time evidence of the improper disposal of liquid waste or grease is discovered, the food truck operator shall be required to cease operation immediately. The owner of the food truck business shall be liable for the violation.
(2) Other Zoning Districts
(3) Public Property
Food trucks may not be operated on public property such as parks or plazas, parking lots, public street rights-of-way, or public sidewalks except as specifically authorized by the Town and as part of an official public event sponsored or co-sponsored by the Town of Cary.
(4) Component of Temporary Event
In accordance with Sec. 5.4, Temporary Uses and Structures, food trucks may be placed on private property in conjunction with a public or private event. If food trucks are included as part of the event, the temporary use permit for the event itself, if required in Table 5.4-1, shall also identify the inclusion of food trucks and shall serve as the accessory use permit for the site for the duration of the event. Such food trucks shall only be operated during the hours of the event, which time does not include the time before and after the event where the operator is preparing to set up or remove the food truck.
(5) Construction Sites
In all zoning districts, food trucks may be allowed on construction sites in accordance with the following:
(a) The site is undergoing construction in accordance with an approved and valid development plan and building permit.
(b) Such trucks may vend to person(s) lawfully authorized to be on the construction site, and not to the general public.
(c) Food trucks shall be parked in an appropriate location based on the location of active construction activity, as authorized by the general contractor consistent with safe construction site management practices.
(d) A copy of the following shall be clearly displayed on each food truck:
1. NC Sales and Use Certificate for collecting and paying the proper sales taxes and prepared meals taxes; and
2. Wake County Environmental Services Vending Permit and a means for the disposal of grease within an approved grease disposal facility.
(Q) Cluster Box Unit - Mailbox
(1) The local post manager will work with builders and developers to determine the best mode for mail delivery for the area, prior to extending or establishing delivery service. If central mail delivery service is the option chosen by the postal manager in the form of Cluster Box Units (CBU), then the arrangement and location of the CBU(s) shall be in accordance with the Town's Standard Specifications and Details Manual
.
(3) Evergreen shrubs shall be provided in the vicinity of each CBU to promote high quality appearance and good design. The number, location and height of such landscape material shall be appropriate to the specific location, based on available planting area, topography, and safety considerations, as determined by the Planning Director or designee. The maximum height of any such shrubs located in the public right-of-way or within a sight triangle shall not exceed thirty (30) inches.
(R) Electronic Gaming Machines
Four (4) or fewer electronic gaming machines shall be permitted as an accessory use to any legal conforming principal use other than an Electronic Gaming Operation.
(S) Photovoltaic Systems
(1) Photovoltaic systems are permitted accessory uses in all residential and non-residential zoning districts.
(2) Photovoltaic systems will not be included in the measurement of building height.
(3) Components of a photovoltaic system that are not mounted on the roof shall be located to the rear of the principal building. No component of a photovoltaic system shall be located within five (5) feet of any property line or in any required buffer.
(Ord. No. 04-001, 1-8-04; Ord. No. 04-003, 4-15-04; Ord. No. 04-007, 7-15-04; Ord. No. 06-009, 4-27-06; Ord. No. 2008-LDO-01, 9-25-08; Ord. No. 2010-LDO-01, 1-14-10; Ord. No. 2010-LDO-02, 1-28-10; Ord. No. 2011-LDO-01, 1-11-11; Ord. No. 2011-LDO-02, 4-14-11; Ord. No. 2011-LDO-04, 11-17-11; Ord. No. 12-LDO-01, 2-23-12; Ord. No. 2012-LDO-04, 5-24-12; Ord. No. 2012-LDO-06, 8-9-12; Ord. No. 2012-LDO-07, 8-23-12; Ord. No. 2012-LDO-08, 10-11-12; Ord. No. 2013-LDO-04, 9-26-13; Ord. No. 2014-LDO-03, 8-14-14; Ord. No. 2015-LDO-001, 4-21-15; Ord. No. 2015-LDO-003, 7-23-15; Ord. No. 2015-LDO-006, 12-10-15; Ord. No. 2016-LDO-02, 12-8-16; Ord. No. 2017-LDO-01, 1-24-17; Ord. No. 2017-LDO-02, 3-30-17; Ord. No. 2020-LDO-01, 5-7-20; Ord. No. 2021-LDO-01, 6-24-21; Ord. No. 2022-LDO-01, 1-13-22; Ord. No. 2022-LDO-02, 4-28-22)