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4.1.2  Relationship to Conditional Use Districts and Overlay Districts

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

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

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

(C)     One 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.

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