ADU Owner Occupancy: Cary vs Raleigh
How do adu owner occupancy rules compare between Cary, NC and Raleigh, NC?
Cary and Raleigh have similar restriction levels.
Cary, NC
Wake County
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.
View full Cary rules →Raleigh, NC
Wake County
Raleigh removed its prior owner-occupancy requirement for accessory dwelling units in the 2020 UDO update. UDO Section 6.7 currently does not impose an owner-occupancy mandate on ADUs.
View full Raleigh rules →Key Facts Comparison
| Fact | Cary | Raleigh |
|---|---|---|
| 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 | - |
| Owner-Occupancy Required | - | No (removed 2020) |
| Code Section | - | UDO 6.7 |
| State Preemption | - | None (NC) |
| Separate Parcel | - | Not allowed |
| STR Rules | - | UDO 6.7.A.5 applies |
Highlighted rows indicate differences between cities.
Cary FAQ
Does Cary require me to live on the property to rent my ADU?
Cary's LDO treats ADUs as accessory uses subordinate to the principal residence; owner-occupancy is commonly required for accessory apartments. Confirm the current LDO language with Cary Planning at application time, since the rules can be updated.
Can my HOA require owner-occupancy even if Cary does not?
Yes. HOA covenants in Cary's deed-restricted subdivisions frequently impose owner-occupancy and rental restrictions independently of town zoning. Review your recorded declaration before purchasing or building an ADU.
Raleigh FAQ
Does Raleigh require me to live on-site to rent my ADU?
No. The owner-occupancy requirement was removed from Raleigh UDO Section 6.7 during the Missing Middle Housing updates beginning in 2020.
Does North Carolina preempt Raleigh ADU rules?
No. NC Gen. Stat. 160D has no ADU section. Raleigh retains full local discretion under its UDO and can amend ADU rules through City Council ordinance.
Can I sell my Raleigh ADU separately from my house?
No. UDO Section 6.7 limits a lot to one primary dwelling. An ADU cannot be platted as a separate fee-simple parcel without going through subdivision approval under UDO Section 10.2.
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