4.1.3 Annexed Lands and Lands Added to the Town's Extraterritorial
Jurisdiction
(A) Zoning Designation
(1) The Town Council
shall determine the zoning designation and land use plan designation
(if applicable) of properties added
to the Town's jurisdiction
through extraterritorial boundary changes or annexation at the time such properties are
added. Such determination shall be based on, but not be limited to,
the following factors: the property’s
designation on the Land
Use Plan, the property’s
current land use, the existence of a previously-approved site or
subdivision
plan, the character of adjacent properties,
current zoning designations, property owner
requests or other factors considered relevant at the time of the
annexation.
(2) Any property owner
within the land to be added to the Town’s
jurisdiction may submit a petition requesting a specific zoning
designation. If such a petition is received prior to the time the
land is added to the Town’s
jurisdiction, then the public hearing for zoning may be held concurrently
with any public hearing required for addition of the property. If
no such petition is received prior to the time of addition of the property,
then Section 3.4 of
this Ordinance shall govern any subsequent rezoning of the property.
(B) Effect of Zoning Designation on Nonconforming
Lot Status
Where a legal, conforming lot existing
in a residential
zoning district at the time the lot was
added to the Town's extraterritorial
jurisdiction does not contain sufficient land to permit conformance
with the lot size
or lot width
of this Ordinance, such lot may
be used as a building site for
a single-family residence
notwithstanding the limitations set forth in Chapter
10 of this Ordinance. However, all development on
such lot shall
comply with the setback requirements
of Chapter
6 of this Ordinance.
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
