Cary's Land Development Ordinance has historically tied accessory dwelling and accessory apartment use to the principal residence on the same lot, with owner-occupancy expectations consistent with typical NC accessory-use practice. North Carolina has no statewide ADU statute preempting local owner-occupancy rules. HOA covenants frequently impose their own owner-occupancy requirements that operate independently of town zoning.
Cary regulates accessory dwelling units and accessory apartments through the Land Development Ordinance (LDO) Chapters 4 and 7. Like many North Carolina jurisdictions, the LDO treats an ADU as an accessory use clearly subordinate to the principal residential use on the same lot. Owner-occupancy expectations are commonly applied to accessory apartments to maintain the single-family character of the district, although the precise LDO language should be confirmed with Cary Planning at time of application. Unlike California (SB 9, AB 1033), Florida, or Washington, North Carolina has no statewide ADU statute that preempts local owner-occupancy rules - the 2020 consolidation of planning and zoning law into NCGS 160D did not impose ADU-specific occupancy preemption. Cary does not maintain a general rental registry; NCGS 160D-1207 (formerly 160A-424.2) restricts mandatory rental registration programs and limits proactive rental inspection to properties with documented substantial code violations. HOA covenants in Cary's many deed-restricted subdivisions (Preston, MacGregor Downs, Lochmere, Amberly, etc.) often impose additional owner-occupancy and rental restrictions that operate as private contract terms enforceable in Wake County Superior Court.
Town enforcement (where owner-occupancy is required) proceeds through Code Enforcement and may include daily civil penalties and revocation of the ADU's certificate of occupancy. HOA enforcement of private owner-occupancy covenants is a civil matter between owner and association.
Cary, NC
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Cary, NC
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