Accessory Use Permit Application

TOWN OF CARY                                          
Planning Department                                                                                 

Submit to the Inspections and Permits Department
P.O. Box 8005, Cary, NC 27512

Fee Effective July 1, 2008:  $25.00
                                                                                                                                                                                 
For office use only:                                                            
Method of Payment:  CASH ____ CHECK ____ CREDIT CARD ____   Amount:  $________ P&Z HTE# ______________

ACCESSORY USE PERMIT APPLICATION
Home Occupation

 

(Please print)

Applicant name: ______________________________________________ ______________________
 

Property Address: ______________________________________________________ Zip __________

 

Contact Numbers: Home ______________ Work ________________   Mobile ______________

E-mail address: ________________________________________________________________

 

Residence Type:                         Single-family detached home              Multi-family Townhouse

 Manufactured home                Single-family attached (duplex)            Multi-family Apartment

                                   

Total square feet of the residence:  ________________ square feet

 

Total square feet of the area that will be used for business:   _______________square feet

(not to exceed 20% of the combined floor area of the structure or 500 square feet, whichever is less.)

 

Name of Business:  ______________________________________________________

 

Describe the type and nature of your business that will take place on the premises: _________________

_____________________________________________________________________________________

 

1.       Total number of persons employed at the residence or are employed in the activity (including owner): _________

2.       Total number of persons in question #1 who are NOT full-time residents in the dwelling: _________

 

3.       Number of available parking spaces for residence:  ______________
(Do NOT include on-street parking and/or adjacent lots)

4.       Estimated number of customers that will come to the residence per day:
    -- how often? _______   how many at one time? ______   at what time of day?  ________

 

5.       Will there be any deliveries to the residence?  _____ Yes      _____ No

            -- If yes, what time of day will they occur?  ______________________ and by what method? (mail,
             package delivery, etc.) ________________________________

 

6.       Will the activity:       

- be visible from any adjacent street or property line of the address specified above?                                Yes         No

- use any form of on-site advertising on your vehicle?                                                                         Yes         No

- use any form of on-site advertising on the premises?                                                                      Yes         No

- generate noise, odor, fumes, smoke, or other abnormal characteristics?                                   Yes         No

- use more than two vehicles and/or trailers that will be parked/stored on the property?            Yes         No

- involve the sale of products or delivery of services at the address specified above?                 Yes         No

- include on-site assembly or manufacturing of products?                                                                                Yes         No

- involve distribution or reception of materials or products?                                                                               Yes         No

- involve storage of materials/products in a detached accessory building?                                   Yes         No

7. Please explain or describe any activity that was answered yes in item #6:
_________________________________________________________________________


__________________________________________________________________________

__________________________________________________________________________

 

Requirements: 

*         There shall be no devices on the property, or other signs of the home occupation, which are visible from outside the residence. 

*         All vehicles used in connection with a home occupation shall be of a size, and located on the premises in such a manner so as to not disrupt the quiet nature and visual quality of the neighborhood, and there are no more than two vehicles per home occupation.

*         A privilege license is required (Contact Finance Department, 919- 460-4952).

*         Compliance with attached Section 5.3.4(C), Home Occupation, from the Town of Cary Land Development Ordinance.

 

I hereby certify that I am making application for myself and that the statements given are true to the best of my knowledge.

 

________________________________________              _________________________        
Signature of applicant                                                     Date

 

________________________________________              __________________________
Signature of property owner, if different from above            Date

 


Please read the above application carefully and ensure all sections are completed.  Incomplete applications will be returned within 3 days from receipt.  Non-response from applicant after 15 days will cause the application to be considered denied and a new application fee shall be required for future re-submittals.

 

To be completed by the Planning Department

Approved __________ Denied __________ Withdrawn ___________

Comments:                                         _______                                                                                 
_                                                                      _______                                              ____________

Planning Department:                                                                         Date                           

 

This permit is valid only as long as the use meets the provisions for home occupations specified in the Zoning Ordinance and may be revoked any time the use does not meet the provisions of the Zoning Ordinance or other applicable ordinances. The permit is not transferable.

 

Attachments:  Excerpts from Land Development Ordinance, Chapter 5

                        - 5.3.2 General Standards and Limitations

                        - 5.3.4(C) Home Occupations

                        - 5.3.3. Accessory Uses Prohibited

                       
5.3.2 General Standards and Limitations

(A)     Compliance with Ordinance Requirements

All accessory uses and accessory structures shall conform to the applicable requirements of this Ordinance, including the use regulations of Chapter 5 and the dimensional standards of Chapter 6.  The provisions of this section establish additional requirements and restrictions for particular accessory uses and structures. 

(B)     Approval of Accessory Uses and Structures

Unless otherwise specified in this Section, any accessory use or accessory structure shall be treated as a permitted use in the zoning district in which it is located.  An accessory use or structure may be approved in conjunction with approval of the principal use or structure.

(C)     Accessory Use Permit

Some accessory uses in this Section require the issuance of an Accessory Use Permit consistent with the requirements set forth in Section 3.5 of this Ordinance.

 (4)     Storage or parking of all boats, recreational vehicles, and utility or travel trailers allowed by this Section shall be located within side or rear yards.

5.3.4(C) Home Occupations

A home occupation shall be permitted as accessory to any principal dwelling unit, provided that:

(1)      Accessory Use Permit Required - Prior to establishing the home occupation, the operator shall obtain an Accessory Use Permit pursuant to the procedures set forth in Section 3.5, upon a finding that the proposed use meets all of the standards set forth below.

(2)      Size/Area - The business or service is located within the dwelling or an associated accessory building, and does not exceed 20 percent of the combined floor area of the structures or 500 square feet, whichever is less.

(3)      Employees and Residency - The principal person or persons providing the business or service resides in the dwelling on the premises and employs no more than one person who does not reside on the premises.

(4)      Neighborhood Compatibility

(a)      The home occupation causes no change in the external appearance of the existing buildings and structures on the property.

(b)      All vehicles used in connection with the home occupation are of a size, and located on the premises in such a manner, so as to not disrupt the quiet nature and visual quality of the neighborhood, and there are no more than two vehicles per home occupation.

(c)      There is sufficient off-street parking for patrons of the home occupation, with the number of off-street parking spaces required for the home occupation to be provided and maintained in addition to the space or spaces required for the dwelling itself pursuant to Section 7.8 of this Ordinance.

(d)      No additional parking areas other than driveways shall be located in the required front setback.

(e)      There are no advertising devices on the property, or other signs of the home occupation, which are visible from outside the dwelling or accessory building.  However, home occupation signs are allowed in the Town Center.

(f)       The property contains no outdoor display or storage of goods or services that are associated with the home occupation.

(g)      Wholesale or retail sales of goods do not occur on the premises.

h)       The home occupation does not create traffic or parking congestion, noise, vibration, odor, glare, fumes, or electrical or communications interference which can be detected by the normal senses off the premises, including visual or audible interference with radio or television reception.

 

5.3.3 Accessory Uses Prohibited

(A)     Prohibited in All Zoning Districts

The following activities shall not be regarded as accessory to a principal use on any site and are prohibited in all zoning districts:

           (2)      Use of Motor Vehicle or Trailer for Sales, Service, Storage, or Other Business

The use of any motor vehicle, or trailer or shipping container, as a structure in which, out of which, or from which any goods are sold or stored, any services performed, or other businesses conducted.  However, this subsection shall not prohibit the following:

          (a)      The retail sale of agricultural products, as allowed by Section 5.4.6(D) of this Ordinance; or

          (b)      Use of a motor vehicle, trailer, or shipping container in connection with an approved recycling operation; or

          (c)      Use of a trailer or shipping container in conjunction with construction authorized by a valid building permit; or

          (d)      Use of a trailer or shipping container for the temporary loading and unloading of goods not intended for retail sale, provided that no individual trailer or container is in place longer than 48 hours.

(B)     Prohibited in Residential Zoning Districts

The following activities shall not be regarded as accessory to a residential principal use and are prohibited in residential districts:

(1)      Automotive Repair

Automotive repair, including engine, body, or other repair or repainting of more than one vehicle at any one time; as well as automotive repair of any vehicle not owned by a person residing at that address, regardless of whether compensation was paid for the service.

(2)      Parking of Business Vehicles

The storage or parking of a vehicle or trailer, for a period of one or more nights, if the vehicle or trailer is licensed or regularly used for business purposes, and is either:

(a)      A vehicle for which a commercial driver's license is required by state law; or

(b)      A vehicle or trailer having in excess of two axles; or

(c)      Any trailer bearing commercial signage, logo, or carrying commercial or industrial equipment or materials; or

(d)      A vehicle or trailer having a height in excess of 90 inches, which is stored or parked in any yard.



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