How Cary Handles Accessory Structures: A Practical Guide

Cary maintains 49 local ordinances across all categories, and 8 of those deal specifically with accessory structures. Here is a breakdown of what the city actually requires, what is prohibited, and where Cary falls on the strict-to-permissive spectrum compared to other cities.

Carport Rules

Cary regulates carports as accessory structures under Land Development Ordinance Section 5.3.4 and Table 6.3-1. Detached carports must sit at least 5 feet from rear and side lot lines and outside required roadway (front) setbacks. Carports that are roofed and open on three or more sides are exempt from accessory-structure floor area limits when located outside the principal-structure setback.

Key details: Code: Cary LDO 5.3.4 / Table 6.3-1. Rear Setback (Detached): 5 feet. Side Setback (Detached): 5 feet. Front (Roadway) Setback: No projection allowed. Open-Sided Floor Area Limit: Exempt if 3+ sides open.

Carports built closer than 5 feet to side or rear lot lines, encroaching on the roadway setback, or constructed without a Cary building permit can trigger Town code enforcement, stop-work orders, and removal or relocation of the structure. Violations of vegetated buffer setbacks under Section 6.3.2 are also enforceable. HOA-level fines for covenant violations are separate from Town enforcement.

ADU Rental Restrictions

Cary allows long-term ADU rentals without a town license. Short-term rentals (under 30 days) operate under Cary's general use regulations because the town has no STR-specific permit program. The NC Court of Appeals decision in Schroeder v. City of Wilmington (2019) bars local governments from outright banning short-term rentals. Wake County collects a 6% room occupancy tax; NC sales taxes also apply to short stays.

Key details: Long-Term Rental: No town license. STR Program: None as of 2025. State Preemption: Schroeder v. Wilmington (2019). Wake Occupancy Tax: 6%. Total STR Tax: ~13% including sales tax.

Operating an STR without paying occupancy tax is a tax violation with interest and penalties from Wake County and NC DOR. Cary Code Enforcement may cite zoning use violations under the LDO with civil penalties. HOA covenants are enforceable through civil action in Wake County Superior Court.

ADU Permits

Cary's Land Development Ordinance (LDO) Chapter 4 regulates accessory dwelling units as a permitted accessory use in most residential zoning districts, subject to size and setback standards. Permits are issued by the Cary Inspections and Permits Department. Under NC General Statute 160D-1110, building, electrical, plumbing, and mechanical permits are issued separately. Cary also requires zoning compliance review.

Key details: Authority: Cary LDO Ch. 4 + 7. Permitting: Cary Inspections and Permits. Trade Permits: Separate per NCGS 160D-1110. State Code: 2018 NC Residential Code. Zoning Districts: Most residential by right.

Unpermitted ADU construction triggers Stop Work Orders under NCGS 160D-1116, doubled permit fees, and required removal or after-the-fact permitting. Cary Code Enforcement civil penalties accrue daily for continued violations. A missing Certificate of Occupancy prevents legal occupancy and complicates resale.

ADU Impact Fees

Cary does not charge a general residential impact fee on ADUs. North Carolina law (NCGS Ch. 162A) authorizes water and sewer system development fees (SDFs). NCGS 162A-205 exempts ADUs under 1,500 sq ft from sewer SDF when sharing a connection with the principal dwelling. Costs are limited to building, electrical, plumbing, and mechanical permit fees plus any new utility tap and capacity fees.

Key details: General Impact Fee: None. Permit Fees: By construction valuation. Sewer SDF Exemption: ADU <1,500 sq ft (NCGS 162A-205). School Impact Fee: None in Wake County. Authority: NCGS Ch. 162A.

Failure to pay required permit and SDF charges prevents permit issuance and utility connection. No specific 'impact fee violation' exists since Cary does not levy a general ADU impact fee. Unpaid fees can become liens against the property.

If you are coming from a city with tighter rules, you will find Cary gives residents more flexibility on adu impact fees.

ADU Owner Occupancy

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.

Key details: City Code: LDO Ch. 4 + 7 (verify current text). State ADU Statute: None in North Carolina. Rental Registry: None; NCGS 160D-1207 limits. HOA Covenants: Often impose owner-occupancy. Enforcement: Cary Code Enforcement + HOA.

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.

Shed Rules

Cary allows sheds and accessory structures. Small sheds under certain size thresholds may not require building permits but must comply with zoning setbacks and lot coverage limits.

Key details: Permit Exempt: Small sheds under ~120 sq ft. Setbacks: Typically 5 feet from property lines. Front Yard: Not permitted. HOA Rules: Often regulate sheds.

Sheds in violation of setbacks or exceeding size limits without permits may be required to be moved or removed.

If you are coming from a city with tighter rules, you will find Cary gives residents more flexibility on shed rules.

Garage Conversions

Garage conversions in Cary require building permits and must meet habitable space standards. The conversion must comply with parking requirements for the property unless converting to an ADU.

Key details: Building Permit: Required. Parking: May need replacement spaces. Standards: Must meet habitable space code. ADU Option: May qualify as ADU conversion.

Unpermitted conversions are subject to code enforcement. The space may need to be restored or properly permitted.

ADU Rules

Cary has adopted ADU regulations as part of its Housing Plan. ADUs are permitted as accessory dwelling units on residential lots subject to size, setback, and design standards in the LDO.

Key details: Allowed: Yes — one per single-family lot. Types: Detached, attached, or conversion. Design: Must match primary dwelling character. Building Permit: Required.

Unpermitted ADUs are subject to code enforcement, fines, and may be required to be vacated or demolished if they cannot be brought into compliance.

The Bottom Line

Compared to many U.S. cities, Cary gives residents more room on accessory structures. 2 of the 8 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

This guide is based on Cary's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.