(A) Boarding House
(1) A minimum of four (4) off-street parking spaces shall be provided for the principal dwelling. The Planning Department may approve an exception to this requirement if the property owner provides written verification that the occupants of the sleeping room(s), due to age or disability, will not have vehicles on-site.
(2) No more than two (2) vehicles owned by the boarder(s) of each room shall be permitted, and all vehicles on-site shall be parked off-street.
(3) All parking provided for a boarding house shall meet the requirements of this Ordinance unless otherwise permitted.
(4) Each rental room shall house no more than two (2) persons.
(B) Bed and Breakfast
(1) The operator of the bed and breakfast must reside on the premises on a full-time basis;
(2) The property owner shall maintain a current guest register;
(3) The structure(s) shall be located on a lot which complies with the required minimum lot area and dimensional standards for existing uses in its respective zoning district;
(4) The structure(s) shall not be altered in a way that changes its general residential appearance;
(5) No meals other than breakfast may be served to registered guests;
(6) No meals shall be served to the general public;
(7) No cooking or kitchen facilities, apart from microwaves or mini-refrigerators, shall be allowed in the guest rooms;
(8) A maximum of eight (8) bedrooms may be rented to registered guests;
(9) A particular guest stay shall not exceed fourteen (14) consecutive days;
(10) One (1) off-street parking space shall be required for each guest bedroom in addition to parking required for the residential dwelling;
(11) In the R-40 and R-80 zoning districts, guest parking located less than fifty (50) feet from side and rear property lines shall be screened with landscaping meeting the performance standard of a Type A opaque buffer. Guest parking shall not be located within twenty (20) feet of a side or rear property line or within the applicable front setback. This section 5.2.1(B)(10) shall not apply to Bed and Breakfast use in the Town Center; and
(12) The resident owner shall comply with all laws and regulations of the Town of Cary, the applicable county, and the State of North Carolina.
(C) Dormitory
(1) The dormitory shall be accessory to a training facility located on the same property; and
(2) The dormitory shall house only persons who are students at or employees of the facility.
(D) Group Home; Family Care Home
(1) Group Home
(a) Group homes shall be limited to a maximum of ten (10) residents.
(b) Group homes with four (4) or more residents shall be spaced at least one-quarter mile (1,320 feet) from any other group or family care home with four (4) or more residents.
(d) Where four (4) or more parking spaces are required, 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 except where such areas are being expanded to meet parking requirements.
(e) Group homes must comply with any applicable federal, state and local licensing requirements and health regulations.
(f) The property owner may request a reasonable accommodation to the requirements of Section 5.2.1(D)(1)(a) through (d), or any other standards of this ordinance as needed to ensure compliance with the Federal Fair Housing Act.
(2) Family Care Home
(a) Family care homes shall be limited to a maximum of six (6) residents.
(b) Family care homes with four (4) or more residents shall be spaced one-quarter mile (1,320 feet) from any other family care or group home with four (4) or more residents.
(c) Family Care homes must comply with all applicable federal, state and local licensing requirements and health regulations.
(d) The property owner may request a reasonable accommodation to the requirements of Section 5.2.1(D)(2)(a) and (b), or any other standards of this ordinance as needed to ensure compliance with the Federal Fair Housing Act.
(E) Life Care Community
(1) The life care community shall be for the sole residency of persons sixty-two (62) years old or older, and shall not exceed the density set forth in the following table, not including the number of persons occupying hospital or clinic beds:
District | Density (units/acre) |
TR | 7 |
RMF | 8 |
OI ORD | 12* |
TC Mixed Use Overlay | no density limit |
* For the purpose of calculating residential density in the OI and ORD districts, dwelling units or rooming units in a structure housing three or more such units shall be equivalent to ½ dwelling unit. | |
(2) The number of persons who may be housed in non-independent rooms or apartments (not including hospital or clinic beds) shall not exceed the number of persons housed in independent dwelling units by a ratio of greater than three to one (3:1);
(3) The number of hospital or clinic beds shall not be more than fifty (50) percent of the total number of permitted dwelling units;
(4) All retail stores and personal service establishments located within the life care community shall be part of an existing building and may not exceed twenty (20) percent of the floor area of the building; and
(5) The life care community shall provide open space and/or recreational facilities in the same amount and ratios as required in Section 8.3.1 of this Ordinance.
(F) Multi-Family Dwelling, and Multi-Family Dwelling, Mid-Rise
(1) Individual storage space containing at least twenty-four (24) square feet of enclosed floor area with a minimum height of seven (7) feet, shall be provided for each dwelling unit in a multi-family development. Such storage space shall be located either in the same building as the dwelling unit it serves or in an accessory building that may also house parking, recreational, laundry, or other facilities that serve the occupants of the development.
(2) The development shall include sufficient open space and recreational facilities to meet the needs of its residents in accordance with the provisions of Section 8.3.1 of this Ordinance.
(3) The development shall provide adequate and appropriate facilities for waste disposal, and such facilities shall be screened from view in a manner consistent with the requirements of this Ordinance.
(4) The maximum density for multi-family dwelling developments shall be as follows:
(a) In the RMF district, the total density shall be in accordance with Table 6.1-1, Table of Density and Dimensional Standards Residential Districts (Not including TC District);
(b) within the TC district, total density shall be in accordance with Table 6.1-3, Table of Density and Dimensional Standards Town Center District;
(c) for multi-family dwellings approved through the mixed use district (MXD) zoning process, Section 3.4.5, the maximum density shall be that shown on the approved preliminary development plan (PDP);
(d) for multi-family dwellings approved through the Planned Development District (PDD) zoning process, Section 3.4.3, the maximum density shall be that shown on the approved master plan.
(5) Mid-rise multi-family dwellings shall comply with the following additional standards:
(a) In districts where a mixing of residential and non-residential uses is allowed, such uses may include ground-level retail stores and personal service establishments as incidental uses, to provide goods and services to residents of the building. Greater amounts of retail and/or personal service establishments may be permitted within a Mixed Use Overlay District, subject to the provisions of 4.4.2 and Table 5.1-1 of this Ordinance.
(6) Multi-family dwelling units shall be allowed in the Redevelopment Area and first three hundred (300) feet of Infill Area portions of the Corridor Transition District for the Walnut Street Corridor provided the following conditions are met:
(a) The principal use of the building is for offices or personal services; and
(b) Such uses combined shall not have more than one (1) entrance for units separate from that of the principal use.
(G) Nursing Home
(1) The nursing home shall not exceed the density set forth in the following table:
(2) All retail stores and personal service establishments located within the nursing home shall be part of an existing building and shall not exceed twenty (20) percent of the floor area of such building; and
(3) The nursing home shall provide open space and/or recreational facilities in the same amount and ratios as required in Section 8.3.1 of this Ordinance.
(H) Patio Dwelling
(1) In the RMF district, the density of patio dwelling units shall not exceed twelve (12) dwelling units per acre.
(2) In the TR district, the density of patio dwelling units shall not exceed six (6) dwelling units per acre.
(3) There are no density limits for patio homes within a Mixed Use Overlay District.
(4) Density limits for patio homes within the TC district shall be in accordance with Table 6.1-3.
(I) Residential Use in Non-Residential Building
In the OI and ORD districts, residential uses may be permitted in non-residential buildings without a rezoning provided the following standards are met:
(1) A development plan (see Section 3.9) shall be required prior to occupation of any residential uses;
(2) At least fifty (50) percent of the building's total floor space (in square feet) must be reserved for office uses;
(3) Up to fifty (50) percent of the building's total floor space (in square feet) may be utilized for residential uses;
(4) No more than twenty (20) percent of the building's total floor space (in square feet) may be utilized for retail or personal services uses;
(5) The development shall include sufficient open space and recreational facilities to meet the needs of its residents; and
(6) All residential and non-residential uses must be integrated into the same structure, and stand-alone residential structures are prohibited.
(J) Residential Use in Mixed-Use Building
In the HMXD district of the Town Center, at least twenty (20) percent of the total
floor area
must be dedicated to a non-residential use.
(K) Manufactured Home
Each manufactured home shall be located on an individual lot meeting the requirements of the applicable base zoning district and shall meet the following requirements:
(1) All electrical and telephone lines connected directly to the home shall be installed underground.
(2) There shall be a masonry foundation around the exterior perimeter of all dwellings. The foundation shall have a minimum depth of twelve (12) inches below grade.
(3) The pitch of the main roof shall not be less than one (1) foot of rise for each four (4) feet of horizontal run. The roofing materials shall be similar in color, texture, and materials to other dwellings in the same zoning district in which the home is to be located.
(L) Semi-Detached/Attached Dwelling and Townhouse
(2) All developments shall include sufficient open space and recreational facilities to meet the needs of its residents in accordance with the provisions of Section 8.3.1 of this Ordinance.
(3) In the Infill Sub-district of the Corridor Transition (CT) District, townhouses are a permitted use up to five (5) units per acre.
(4) Dwellings in the TR, RMF and MUOD zoning districts that have driveways on alleys shall be limited to a maximum of eight (8) units per building. All other dwellings in the TR, RMF and MUOD zoning districts shall be limited to a maximum of five (5) units per building. For such dwellings that are part of a development plan submitted prior to May 7, 2020 and subsequently approved in accordance with G.S. 143-755, more than eight (8) or five (5) units respectively may be attached.
(M) Detached Dwelling
(1) Detached dwellings constructed in the Infill Area portion of the Corridor Transition District for the Walnut Street Corridor shall be limited to a maximum allowable density of five (5) units per acre on parcels or portions of parcels located three hundred (300) or more feet away from the ultimate right-of-way boundary for Walnut Street.
(2) Detached dwellings may be allowed in a Neighborhood Center provided the entrance to the subdivision or Planned Development District (PDD) housing the detached dwellings fronts a thoroughfare or collector roadway.
(3) Detached dwellings may be allowed in a Community Center provided the entrance to the subdivision or Planned Development District (PDD) housing the detached dwellings fronts a thoroughfare or collector roadway.
(4) Detached dwellings may be allowed in a Destination Center provided the following standards are met:
(a) There is an approved mixed use sketch plan that specifies a reasonable mix of housing types and densities consistent with the vision of the Comprehensive Plan, including higher-density housing types such as multi-family dwellings, semidetached/ attached dwellings, or townhouses; and
(b) The detached dwellings constitute a reasonable portion of the total housing stock planned for the Destination Center, and do not dominate the overall Destination Center housing stock.
(5) Detached dwellings may be allowed in the HMXD sub-district of the Town Center provided the following standards are met:
(b) The property is located within the Downtown Historic District.
(c) Evidence of issuance of a Certificate of Appropriateness from the Wake County Historic Preservation Commission for any building or property designated as a Cary/Wake County Landmark shall be provided.
(N) Tandem Dwelling Unit
[Reserved]
(O) Manufactured Home Parks
The following provisions shall apply to manufactured home parks established prior to July 1, 2003:
(1) Manufactured homes lawfully permitted within a manufactured home park established prior to July 1, 2003 may be removed or replaced with another manufactured home or relocated to an alternative manufactured home space within the boundaries of the manufactured home park. A manufactured home shall not be replaced with a modular home or site-built home.
(2) After January 11, 2011, manufactured home park owners shall not permit the replacement or relocation of a manufactured home, or permit the addition, relocation or modification of an accessory structure or building to the manufactured home within the manufactured home park unless all of the following are met:
(a) An application for a building permit shall be submitted for the replacement or relocation of a manufactured home, or the addition, relocation or modification of an accessory structure or building to a manufactured home.
(b) The building permit application shall include a sketch that includes the location of manufactured homes and other improvements on the manufactured home lot and all adjoining manufactured home lots, sufficient to demonstrate compliance with the following:
1. A minimum separation of ten (10) feet between a manufactured home on a manufactured home space, and a manufactured home on an adjoining manufactured home space;
2. A minimum separation of ten (10) feet between an accessory building or structure located on a manufactured home space, and a manufactured home, accessory building or accessory structure located on an adjoining manufactured home space; and
3. The combined floor area of all detached accessory structures shall occupy no more than thirty-three percent (33%) of the total heated floor area of the manufactured home, unless otherwise allowed in this Ordinance. The accessory structure shall be deemed attached if it is located closer than five (5) feet to the manufactured home.
(3) Manufactured homes, and accessory structures and buildings existing on January 11, 2011, that do not meet the requirements of 5.2.1(O)(2),shall be deemed conforming with regard to those requirements provided that:
(a) The manufactured home is in compliance with the HUD-administered National Manufactured Housing Construction and Safety Standards Act of 1974, as amended; and
(b) Accessory structures or buildings on the site comply with requirements of the North Carolina State Building Code.
(P) Detached Multi-family Dwellings
(1) Detached multi-family dwellings may be allowed in the HMXD sub-district of the Town Center provided the following standards are met:
(b) The property is located within the Downtown Historic District.
(c) Evidence of issuance of a Certificate of Appropriateness from the Historic Preservation Commission for any building or property designated as a Landmark shall be provided.