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Annexing New Non-Residential Properties and Existing Residentially Used Properties

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POLICY STATEMENT #126

ANNEXING NON-RESIDENTIAL PROPERTIES AND EXISTING RESIDENTIALLY USED PROPERTIES

Prepared by: Ricky W. Barker, AICP, Development Review Director

Supersedes: 4/27/00

Adopted by Council: 6/22/00

Effective: 6/22/00

Purpose:

Purposes of this policy are:

1.      To encourage the annexation of non-residentially zoned property and non-residentially used property that may be zoned residential (non-conforming uses, churches, etc.);

2.      To encourage the annexation of existing residentially-used properties;

3.      To encourage the annexation of residentially zoned property that is shown in the Land Use Plan for non-residential uses; and     

4.      To encourage the annexation of property being rezoned to a non-residential zoning district.

The intent is to encourage owners of non-residentially zoned property to annex property in advance of plans for development.  This policy sets forth a limited time period for submitting new non-residential annexations.  No new non-residential properties could be annexed after this period for five (5) years.   In addition, non-residentially used property that may be zoned residential will also be under this same policy.  This would address those properties that are within our ETJ that are zoned residential but have non-residential uses.  Property that is residentially zoned and is shown in the Land Use Plan for non-residential uses would also be under this policy.

This policy encourages owners of existing residentially used properties to submit annexation petitions prior to their possible need to be annexed due to failures of well and septic systems.  This policy also encourages the annexation of property being rezoned to non-residential.  The property owners are encouraged to annex the property with the rezoning.

Procedure

New Non-Residential Annexations:

Owners of non-residentially zoned property, residentially zoned property shown in our Land Use Plan for non-residential use and existing commercially used properties within our Extraterritorial Zoning Jurisdictions failing to submit a voluntary annexation petition within six (6) months from the date of notification letter from the Town of Cary will not be permitted to do so for the next five (5) years.   Notices to each property owner based on the most recent Wake County Tax Assessor’s Record will be sent by the Department of Development Services stating the deadline for submitting annexation petitions and the consequence for not submitting.

Annexation of Existing Residentially Used Properties:

Owners of Existing Residentially Used Properties five (5) acres or less in size within our Extraterritorial Zoning Jurisdictions failing to submit a voluntary annexation petition within six (6) months from the date of notification letter from the Town of Cary may not be permitted to do so in the future. Notices to each property owner based on the most recent Wake County Tax Assessor’s Record will be sent by the Department of Development Services stating the deadline for submitting annexation petitions and the consequence for not submitting.  Existing or future owners of those Existing Residentially Used Properties that are annexed under this policy, may be allowed to extend water and sewer service to address problems with well and/or septic systems.  These properties will not be required to connect to Town utilities upon annexation. Those properties that failed to be annexed under this policy will not be allowed to extend water and sewer service to address problems with well and/or septic systems.  However, where the ownership of properties that failed to be annexed under this policy has changed, the new owner(s) may submit an annexation petition within six (6) months from the date of ownership. 

Annexation of Property Being Rezoned to Non-Residential:

Owners of property being rezoned to a non-residential zoning district failing to submit a voluntary annexation petition with an associated rezoning will not be permitted to do so for the next five (5) years. Notices to each property owner based on the most recent Wake County Tax Assessor’s Record will be sent by the Department of Development Services stating the deadline for submitting annexation petitions and the consequence for not submitting.

Waivers from this Policy:

Town Council may waive any aspect of this policy in an individual case, for good cause shown, by the affirmative vote of three-fourths (3/4) of the members of the Town Council.