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1.5  Zoning Map

1.5.1  Incorporation Into This Ordinance

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

1.5.2  Interpretation of District Boundaries

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

(A)      Where the Zoning Map shows a zoning district boundary line located within or following a street or alley right-of-way, railroad or utility line right-of-way, easement, or waterway, the district boundary shall be considered to be in the center of the right-of-way, easement, or waterway.  If the actual location of such right-of-way, easement, or waterway, as indicated in a recorded legal description of such, varies slightly from the location shown on the Zoning Map, then the actual location shall control.

(B)      Where the Zoning Map shows a boundary line as being located a specific distance from a street line or other physical feature, this distance shall control.

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

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

(E)      Where the Zoning Map shows a district boundary dividing a lot, each part of the lot shall be used in conformity with the standards established by this Ordinance for the zoning district in which that part is located.

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

1.5.3  Transition to New Zoning Districts

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

1.5.4  Transition to Conditional Zoning

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

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

Cary, NC Land Development Ordinance On-line VIC Version - This site last updated 3/4/2008

Note: This is not the official version of the Cary Land Development Ordinance