Staff Directory Maps, Forms & Documents Laws & Guidelines Transportation Comprehensive Plan Projects & Initiatives Planning Department Homepage
Planning Banner


Rezoning

The Town Council considers rezoning requests after holding a public hearing and referring the request to the Planning and Zoning Board for a recommendation. The Planning Department reviews requests for compliance with land use, utility, transportation, parks and other plans.

What Issues are Addressed during Rezoning

Certain issues are appropriate to address at rezoning through conditions that the applicant attaches to the request. Most rezoning cases are this conditional use type. Issues resolved at the time of rezoning include:

• Land uses & their location
• Density & lot size
• Square footage limitations on nonresidential uses
• Buffers, additional tree save areas & open space
• Building height
• Greenways
• Traffic issues related to a required transportation impact study

Certain other issues are better handled later during site or subdivision plan review. This is because more detailed development plans have been prepared. Issues resolved at site or subdivision plan review include:

• Building design
• Road design, access & street connectivity
• Storm water & erosion control
• Utilities & their location
• Traffic calming
• Construction traffic
• Noise
• Types of plantings within buffers & streetscapes

Adjacent residents are notified after a site or subdivision plan is submitted so they may share issues or concerns with Town staff.

Rezoning Cases

Current Year

Prior Years (See below)

Schedules

2008 Schedule for Rezoning/Mixed Use Sketch Plan/Comprehensive Plan Amendment Submittals (Not requiring a CPA)

2008 Schedule for Rezoning/Mixed Use Sketch Plan/Comprehensive Plan Amendment Submittals (Requiring a CPA)

Types of Rezoning Requests

• Rezoning to a General Use District
Rezoning without conditions – Allows any land use that the Land Development Ordinance includes as a permitted or special use in that zone

• Rezoning to a Conditional Use District
Applicant voluntarily attaches conditions because rezoning to a general use district may not be compatible with existing land uses.

• Rezoning to a Planned Development District (PDD)
Rezoning to a district allowing development as an integral unit according to a master land use plan, detailed engineering and design plans, and flexible development standards. Aspects addressed land uses, circulation, utilities, parking, setbacks, housing densities, land coverage, landscaping and buffers, open space, etc. The minimum is 10 acres.

Procedures

Filing an Application
Rezoning may be initiated by any review or decision-making body, by the land owner, or by any resident within 500 feet of the land for which the rezoning is requested.

Rezoning/CPA/Mixed Use Sketch Plan Application [ PDF] [HTML]

Pre-Application Conference
A pre-application conference is required before an application is filed. Call (919) 469-4082 to schedule a meeting.

Public Hearings
At least one public hearing is required. The Town Council holds this hearing. If further changes occur to the application, the Planning and Zoning Board holds a second hearing.

Town Council Decision
After reviewing Planning staff and Planning Board reports and recommendations, the Town Council makes a decision. A simple majority of the council decides the rezoning unless a valid protest petition has been filed. Then approval requires three-fourths of the council.

Who May File Rezoning Requests

Rezoning requests may be initiated by the Town Council, Planning and Zoning Board, Zoning Board of Adjustment, any owner of a legal or equitable interest in land within Cary or its extra-territorial jurisdiction, or any resident of the town or extra-territorial jurisdiction.

Rezoning Archives

2007 Rezoning Cases
2006 Rezoning Cases
2005 Rezoning Cases
2004 Rezoning Cases
2003 Rezoning Cases
2002 Rezoning Cases
2001 Rezoning Cases
2000 Rezoning Cases
1999 Rezoning Cases





Town Homepage