Issue link: http://townofcary.uberflip.com/i/791946
RELATIONSHIP OF PLAN TO TOWN'S LAND DEVELOPMENT ORDINANCE 13 The Cary Community Plan is a long-range policy document that provides guidance to the Town's current and future decision- makers regarding land development, capital improvements, and public programs. In contrast, the Town's Land Development Ordinance is the set of Town laws that govern land development. The regula ons in the Land Development Ordinance set out the specific uses permi ed on individual proper es, the density and intensity of development that can occur, and how developments are designed. These regula ons also provide property owners in Cary with certain rights to development. The Town of Cary's Land Development Ordinance consists of a zoning map and a wri en ordinance that divides the Town into zoning districts, including various mixed use, residen al, commercial, and industrial districts. The land development regula ons describe what type of land use and specific ac vi es are permi ed in each district, and also regulate how buildings, signs, parking, and other construc on may be placed on a lot. These regula ons also provide procedures for re-zonings and other planning ac vi es. While the 2040 Cary Community Plan and in par cular, the Future Growth Framework Map found in Chapter 6, provides guidance to decision-makers regarding the future development or use of property, capital investments, or community programs; the Land Development Ordinance defines the actual laws that apply to each property in the Town's planning jurisdic on. Implementa on of this plan may in some instances require amendments to the Land Development Ordinance. Any proposed amendment to the Land Development Ordinance will require a separate public hearing and review process, with a final decision made by Town Council. Relationship of Plan to Town's Land Development Ordinance Cary's ability to adopt and implement a comprehensive plan is drawn from its state-authorized general police power to "define, regulate, prohibit, or abate acts, omissions, or condi ons detrimental to the health, safety, or welfare of its ci zens" per North Carolina General Statute § 160A-174. In North Carolina, municipal zoning enabling statutes have long required that zoning regula ons be made "in accordance with a comprehensive plan." However, neither the North Carolina statutes nor case law mandate prepara on of comprehensive plans, define their elements, or set a mandatory procedure for their adop on. Local governments can choose to develop or not to develop a plan. In 2005, the state zoning statutes were amended to strengthen the role of adopted plans where they do exist. This law requires that boards reviewing proposed zoning amendments include a wri en recommenda on that addresses the consistency of the proposed amendment with the comprehensive plan and any other relevant plans (such as a small area plan, a corridor plan, or a transporta on plan) that have been adopted by Town Council. The Town Council is also required to adopt a statement on plan consistency when adop ng or rejec ng any zoning amendment. While this statement is required, it does not limit the Town Council's discre onary power to adopt or not adopt zoning amendments. Town's Authority to Adopt a Comprehensive Plan Provided by Other Jurisdictions Services and Facilities Provided by Cary • Libraries • Public schools • Social services • Streets not owned and managed by Cary • Community facilities and greenways • Emergency management service (EMS) • Maintenance of town-owned streets • Parks, recreation, and cultural resources • Police and fire protection • Regulating development • Solid waste and recycling • Water and wastewater services