• Accessory Dwelling Units

Cary is proposing an ordinance amendment to broaden the locations where ADUs can be constructed. To engage the community, staff hosted a virtual meeting on January 17, 2024 for residents to provide input. This initiative aligns with the 2021 Cary Housing Plan, aiming to enhance housing options and meet diverse resident needs.

Please send comments and questions about the proposed amendment to 311@carync.gov

Next steps: Cary staff will review and incorporate public input into draft language for an ordinance amendment. The public input period will continue as the next steps will include presenting the draft findings to Cary’s Town Council for a public hearing (to be scheduling within the coming months).

What is an Accessory Dwelling Unit (ADU)?

ADUs are smaller, residential units located on the same lot as a detached dwelling. They are also known as granny flats, backyard bungalows, mother-in-law suites, casitas, and carriage houses. ADUs can be additions to the main house, detached backyard cottages or above a garage.

ADUs must have individual cooking, sleeping and bathing facilities as well as a separate outside entrance.

What are the size limitations on ADUs?

The ADU cannot exceed 33% of the heated square footage of the main dwelling or 800 square feet, whichever is smaller.

Additionally, the combined floor area of all detached buildings on the lot cannot exceed 33% of the heated square footage of the main dwelling. The square footage of a detached garage, shed, etc. will be included in this calculation.

Is my property zoned to allow for an ADU?

Detached ADUs are allowed in the following zoning districts:

  • Residential 80 (R-80)
  • Residential 40 (R-40)
  • Residential 20 (R-20)
  • Mixed Use Overlay District with an approved plan
  • Town Center Medium Density Residential (TC-MDR)
  • Town Center Low Density Residential (TC-LDR)
  • Town Center Low Density Residential (TC-LDR12)
  • Cottage Business & Residential (CB&R)

ADUs within or attached to the primary dwelling (called “Utility Dwelling Units” or UDUs in Cary’s Land Development Ordinance) are allowed in all residential zoning districts except Residential Multi-Family (RMF).

How do I find my zoning?

Locate your site’s zoning by using the Property Research Map.

  • Enter the address of the proposed ADU (upper left corner of the map)
  • Click on the “i” (upper right corner of the map)
  • Click on the parcel on the map
  • Information about your property will populate on the right side of the map. Locate your zoning district.
What are the setbacks for an ADU?

ADUs must meet setback, buffer and easement requirements which vary from lot to lot. A survey or plot plan is required when applying for your building permit and an “as built survey” may be required after construction to confirm you are following your building setbacks.

There may be limitations of the lot that prohibit the construction of the ADU in a preferred location.

How many ADUs may I have on my property?

One (1) ADU is allowed on a lot as an accessory use to a single detached dwelling.  If you have additional accessory structures the square footage of those structures are included in the overall allowable square footage.

Can my ADU be on wheels?

No.  ADUs must be on a code compliant foundation such as a concrete pad per the North Carolina Building Code.    

Can I sell my ADU?

The ADU is included as part of the principal parcel and cannot be sold apart from the primary dwelling.  

Do I need a separate address for the ADU?

The process for assigning an address to an ADU is initiated when the building permit application has been submitted for review.  An applicant may request a separate address.   

Can the detached ADU have separate water and utility meters?

You may request a separate water and electric meter, but you will need to pay for the development of those costs. 

Are owners required to live on the property?

Cary does not regulate owner occupancy of the principal dwelling or the ADU. 

Can pre-manufactured, modular or mobile homes be uses as an ADU?

No. Manufactured homes, recreational vehicles, and travel trailers cannot be used as an ADUs.   

What if I have a septic system?

If the property is served by a septic system (an onsite wastewater system), an ADU may alter the wastewater design flow of the septic system.  Additional wastewater permits may be needed. Contact Wake County Environmental Services to discuss the requirements.

Wake County Environmental Services
Wastewater:  919-856-7434 or wastewater@wakegov.com

Will inspections be required? How do I schedule an inspection?

Yes, ADUs will be part of a building permit and inspections will be required.

You may schedule your inspection online or by calling 311 within Cary or (919) 469-4000 outside of Cary weekdays from 7 a.m. to 7 p.m.

Is there a permit fee?

Fees are calculated after the review has been completed and approved.  There is a $50 processing fee for the Accessory Use Permit in addition to the building permit fee.   

What if my Homeowner Association (HOA) prohibits ADUs?

Homeowner Associations (HOAs) have private authority to regulate the structures and uses permitted within a neighborhood.  If your HOA prohibits ADUs, you are not allowed to have an ADU.

Contact your HOA before applying to determine HOA regulations and design requirements.

Is additional parking required?

Yes, for detached ADUs, at least one (1) off-street parking space shall be provided for each bedroom located in the ADU. For internal ADUs (UDUs) four (4) off-street parking spaces are required for the principal dwelling and the ADU combined.  

No more than two (2) vehicles owned by the occupants of the utility dwelling unit will be permitted and must be parked off-street.   

What type of “use” is allowed in an ADU?

Only residential uses are allowed in an ADU.   

How do I apply for a permit & what documents are required?

Application Process

Permits are processed through Cary’s electronic plan review portal. 

Create user account in the electronic plan review portal.

  • Click the “Register” button located in the upper right-hand corner of the home page
  • Confirm your email address by clicking the link in your email after you create the account

Complete the application online and upload documents

  • Select “Submit a Project for Review” (yellow button located mid-page)
  • For Application Category select “Accessory Use Permits”
  • Application Type “Accessory Use – Dwelling Unit”
  • Project Title: Enter your address and the permit type ADU or UDU

Upload Documents Required documents

All required documents shall be uploaded as individual PDFs and named accordingly (i.e. site layout, property owner approval, etc.)

Required documents for an ADU permit application

  • Property Information (Heated square footage of residence and proposed square footage for the ADU.)
  • Property Owner Authorization (If applicant is not the property owner on the county record, include a signed authorization for the work by the property owner.)
  • Floor plan of ADU (Highlight the area of the ADU and include the square footage for the ADU.)
When do I need to apply for an Accessory Dwelling Unit?

If you determine you are building an ADU include the ADU/UDU Application with your building permit application.

If you apply for a building permit and the scope of work meets the definition of an ADU or if all elements of an ADU are included, the reviewer will ask for clarification and additional documentation.  This will require another review cycle.

How long does it take to get my permit once I have applied?

Complete applications may take approximately 10 to 14 business days to review.  If your permit is declined, you will need to respond to the comments and provide updated plans and documentation.

Once plans have been approved, staff will email instructions on how to pay your fees online. After the fees are paid you will be able to print your stamped approved plans.  Stamped approved plans need to be onsite for the inspector.

Additional Questions

If you have additional questions, email 311@carync.gov include your address, the scope of work you are proposing, and the additional information needed.  Allow staff 3 to 5 business days to respond.