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(A) Required Setbacks
(1) A building, structure, or lot shall not be developed, used, or occupied unless it meets the minimum setback requirements set forth in Section 6.1 for the zoning district in which it is located, except as otherwise established in this Ordinance for particular uses or unless a variance has been granted.
(2) A setback, court, or other open space required by this Ordinance shall not be included as part of a setback or other open space required by this Ordinance for another building or structure or lot.
(B) Setbacks from Thoroughfares
In all zoning districts the roadway setback from a thoroughfare shall be a minimum of 30 feet.
Non-residential buildings generally must be setback from roadways a minimum of 30 feet; however, if parking is located between the building and the street, then the building must be set back at least 50 feet from the street.
(D) Features Allowed within Required Setbacks or Yards
(1) A building, structure, or lot shall not be developed, used, or occupied unless it meets the minimum lot size, setback, and yard requirements set forth for the zoning district in which it is located, except as otherwise established in this Ordinance.
(2) A yard, court, or other open space required by this Ordinance shall not be included as part of a yard or other open space required for another building or structure.
(3) Trees, shrubs, flowers, fences, walls, hedges, other landscape features, driveways, and uncovered parking pads may be located within any required setback and/or yard.
(4) The buildings or structures on a lot shall not be located in whole or in part within a required setback or yard, except in certain cases. The following table lists features that may be located within any required setbacks, subject to the specific limitations noted:
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TABLE 6.3-1: ENCROACHMENTS PERMITTED INTO REQUIRED SETBACKS
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Feature That May Encroach Into Setback |
Limitation |
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Sill, cornice, or ornamental feature |
May project up to 18 inches into any required setback or building restriction line. |
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Bay windows, covered porches, balconies, decks, chimneys, uncovered porches and similar features projecting from the principal building |
May encroach up to three feet into any required yard or building restriction line shown on the subdivision plat for the property, but no closer than five feet to the property line or buffer.
However, for residential dwellings that had a valid building permit for the dwelling prior to August 13, 1998, decks and uncovered porches are not subject to the three-foot limitation, but instead must remain a minimum of five feet from the property line or buffer.
No variance shall be granted to the standards in this Ordinance for decks, covered porches and uncovered porches, except that a modification may be considered for the purpose of correcting a construction error. |
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Patios, terraces, and similar features |
If constructed at grade level, may encroach into a required yard or building restriction line shown on the subdivision plat for the property, but no closer than five feet to the property line or buffer. |
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Accessory buildings and/or structures |
May encroach no closer than five feet to the rear lot line and no closer than five feet to the side lot lines. No encroachment is allowed into the required roadway setbacks. |
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