Cary could allow more and bigger backyard cottages. What it means for homeowners, renters

More Cary homeowners could be able to build a backyard cottage on their property if the town changes its rules.

Accessory dwelling units, or ADUs, can provide housing for family members or give property owners another stream of income.

A change in current zoning regulations would expand where the units, sometimes called mother-in-law suites or granny flats, could be built in the town.

Wake County encourages municipalities to allow ADUs, but homeowners across the county have expressed mixed feelings. Supporters say the units give renters more options. Opponents cite concerns about parking and privacy.

Town leaders held a virtual meeting Wednesday to hear from Cary residents. The meeting was one of four public meetings before the Cary Town Council votes on the amendment later this year.

What are accessory dwelling units?

ADUs are smaller, residential units located on the same property as a home. They can be an addition to the main house, a detached backyard cottage, or rooms above a garage.

In Cary, homeowners can have one ADU on their property that meets the town’s requirements. They also need at least one off-street parking space for each bedroom in the unit. Parking cannot exceed four spaces.

The town has about 25 ADUs and began issuing permits three years ago, said Heather Whelehan, Cary’s director for Housing and Community Services.

What does the town’s ordinance say now?

The ordinance covers the construction of accessory dwelling units, which are detached, and utility dwelling units, or UDUs, which are attached to the main house. Currently, most lots require ADUs to be at least five feet from the side or rear of the main home’s property line.

Whelehan said UDUs can be constructed nearly everywhere in Cary. ADUs are only allowed in certain neighborhoods including mixed-use overlay districts with an approved plan, and residential 80, 40 and 20 zones.

“Part of what we would be doing with this ordinance is making both attached and detached (units) possible everywhere,” she said. “Some communities have kept the distinction. ...The rules are a little different but what we want to do is simplify the rules so that it makes it easier to permit them and makes them easier to use.”

The ordinance requires ADUs to have separate bathrooms, hot and cold running water, kitchens and separate entrances. Home businesses cannot operate in them.

They cannot be bigger than the main house or exceed 800 square feet, whichever is smaller.

What could the amendment change?

In addition to increasing where ADUs would be allowed, the amendment could allow larger units and reduce minimum parking requirements.

The ordinance would also allow ADUs to be the same height as the primary dwelling. The ordinance currently does not have a distinction.

The maximum size would remain 800 square feet, but the ordinance, which limits the size to 33% of the primary house, would be increased to 50%.

“If you have a smaller primary house like a 1,600 square foot house, you could only currently have a small ADU. We want people to have a little more flexibility,” Whelehan said.

Katie Drye, Cary’s assistant planning director, said the change would remove restrictions for the lot sizes so that ADUs would be open to more zoning districts as long as they meet other requirements like setbacks, building height and being outside of easements.

The minor change to parking requires one parking space per ADU and no longer ties it to the number of bedrooms in the unit.

What are residents saying?

More than two dozen residents attended the virtual meeting.

Orah Raia, the president and co-founder of HOPE NC, said the nonprofit was in favor of expanding housing units for people with disabilities. The organization was founded in 2018 to help families with adult children with a disability find freedom in choosing their own homes with needed support.

“Most people don’t know this; people with intellectual and developmental disabilities, 72% of them live at home with their families,” Rais said. “If we can provide some options for them to live, possibly, in an ADU behind their family’s home, it enables them to have some semblance of independence. It will greatly benefit any additional housing units that are so needed in the state of North Carolina.”

Cary resident Kimberly Matsune asked if there would be a limit to how many ADUs would be allowed in a certain space of a neighborhood. She lives alongside four other houses in a cul-de-sac.

“If people decide to start parking on the street, even though they have an allotted number of parking spots in their driveway or garage, it’s going to be a problem for emergency vehicles, trash, things like that,” she said.

Drye said there would not be a limit to the number of ADUs but not every lot would be eligible for an ADU due to a number of factors including easements and access points.

Another attendee, Hazel Slocumb, asked if Cary regulated the operation of Airbnbs. This has been a concern from ADU critics.

The short and long-term homestay experience is allowed in Cary, but the town doesn’t regulate them. The ADU proposal does not cover Airbnbs, Drye said. If the town decides to regulate them, it would require an additional amendment.

Faith-based and nonprofit organizations could also be allowed to build an ADU on their property, but it depends on the zoning, Drye said.

Can Homeowners Associations outlaw ADUs?

If a homeowners association prohibits ADUs, then that is final. HOAs in Cary have private authority to regulate the dwellings and their uses within a neighborhood.

Whelehan said her office has gotten inquiries from homeowners about whether changing the ordinance could affect an HOA.

“Something would have to change at the state level,” she said. “I would envision potentially doing what a lot of communities have down, which is working with HOAs that want to change their bylaws to allow more ADUs. We can’t make them but we could certainty say here are some suggested revisions.”

Later phases of the ordinance change includes workings with HOAs, Whelehan said.

How could ADUs help meet Cary’s needs?

Cary’s Housing Plan, approved in 2021, outlines the town’s housing needs and includes strategies to meet them over the next 10 years.

The plan called for expanding the potential for ADUs to help meet the preferences of millennials, people with disabilities and caregivers seniors and lower-income Cary residents.

“For middle-income households making between $50,000 and $75,000, 25% are spending over a third of their income on housing costs,” the document reads. Many of those households are teachers, nurses, firefighters and food and retail service workers.

Cary residents can apply to build an ADU through a permitting process. Applications are processed within two weeks and, if approved, onsite inspections follow.