AN ACT RELATING TO ZONING PROVISIONS FOR TEMPORARY HEALTH CARE STRUCTURES. Enacted August 1, 2014. Effective October 1, 2014.
ZONING/HEALTH CARE STRUCTURE.
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View NCGA Bill Details(link is external) | 2013-2014 Session |
A BILL TO BE ENTITLED AN ACT RELATING TO ZONING PROVISIONS FOR TEMPORARY HEALTH CARE STRUCTURES.Intro. by Moffitt, Howard, Setzer.
Bill History:
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Tue, 9 Apr 2013 House: Filed(link is external)
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Wed, 10 Apr 2013 House: Passed 1st Reading(link is external)
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Wed, 10 Apr 2013 House: Ref To Com On Government(link is external)
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Thu, 25 Apr 2013 House: Reptd Fav(link is external)
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Thu, 25 Apr 2013 House: Re-ref Com On Finance(link is external)
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Thu, 9 May 2013 House: Reptd Fav(link is external)
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Thu, 9 May 2013 House: Cal Pursuant Rule 36(b)(link is external)
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Thu, 9 May 2013 House: Placed On Cal For 05/13/2013(link is external)
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Mon, 13 May 2013 House: Passed 2nd Reading(link is external)
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Mon, 13 May 2013 House: Passed 3rd Reading(link is external)
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Tue, 14 May 2013 Senate: Rec From House(link is external)
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Tue, 14 May 2013 Senate: Passed 1st Reading(link is external)
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Tue, 16 Jul 2013 Senate: Reptd Fav(link is external)
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Tue, 16 Jul 2013 Senate: Re-ref Com On Finance(link is external)
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Tue, 22 Jul 2014 Senate: Reptd Fav Com Substitute(link is external)
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Tue, 22 Jul 2014 Senate: Com Substitute Adopted(link is external)
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Wed, 23 Jul 2014 Senate: Passed 2nd Reading(link is external)
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Wed, 23 Jul 2014 Senate: Passed 3rd Reading(link is external)
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Wed, 23 Jul 2014 Senate: Special Message Sent To House(link is external)
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Wed, 23 Jul 2014 House: Cal Pursuant 36(b)(link is external)
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Wed, 23 Jul 2014 House: Placed On Cal For 07/24/2014(link is external)
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Thu, 24 Jul 2014 House: Concurred In S/Com Sub(link is external)
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Thu, 24 Jul 2014 House: Ordered Enrolled(link is external)
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Fri, 25 Jul 2014 Ratified(link is external)
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Mon, 28 Jul 2014 Pres. To Gov. 7/28/2014(link is external)
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Fri, 1 Aug 2014 Signed by Gov. 8/1/2014(link is external)
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Fri, 1 Aug 2014 Ch. SL 2014-94(link is external)
Bill Summaries:
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Bill H 625 (2013-2014)Summary date: Aug 1 2014 - View Summary
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Bill H 625 (2013-2014)Summary date: Jul 22 2014 - View Summary
Senate committee substitute makes the following changes to the 1st edition.
Makes a correction to a statutory reference, amending GS 130A-250, adding temporary family health care structuresunder GS 153A-341.3 (was, GS 153A-341.1) or GS 160A-383.5 tothe exemptions section of GS Chapter 130A, Article 8, Part 6, Regulation of Food and Lodging Facilities.
Makes this act effective October 1, 2014 (was, July 1, 2013).
Provides that no county or city may impose a fee as authorized by Section 1 and Section 2 (was, Section 1) of this act on any temporary family health care structure existing on the effective date of this act.
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Bill H 625 (2013-2014)Summary date: Apr 9 2013 - View Summary
Amends GS Chapter 160A by creating a new section GS 160A-383.5 (Zoning of temporary health care structures), providing terms and definitions that apply in this section, including activities of daily living, caregiver, first or second degree relative, mentally or physically impaired person, and temporary family health care structure. Establishes that a city will consider a temporary family health care structure used by a caregiver in providing care for a mentally or physically impaired person at the caregiver's residence as a permitted accessory use in any single-family residential zoning district and also provides that a city will consider a temporary family health care structure, used by an individual who is the named legal guardian of the mentally or physically impaired person, a permitted accessory use in any single-family residential zoning district if the structure is placed on the property of the residence of the individual and used to provide care.
Provides the procedures, requirements, and limitations for the permitting and approval of temporary family health care structures, including requiring the removal of a temporary family health care structure within 60 days of ceasing to provide assistance. Provides that temporary family health care structures will be treated as tangible personal property for all tax purposes.
Amends GS 153A-341.3 (Zoning of temporary health care structures), providing that a county exercising powers in regards to this section must comply with those of GS 160A-383.5.
Amends GS 130A-250, adding temporary family health care structures under GS 153A-341.1 or GS 160A-383.5 to the exemptions section of GS Chaper 130A, Article 8, Part 6, Regulation of Food and Lodging Facilities.
Amends GS 131D-2.1(10), providing that temporary family health care structures, as defined in GS 160A-383.5, are exempt from the regulatory requirements of multiunit assisted housing with services programs.
Amends GS 160A-442(2), providing that temporary family health care structures, as defined in GS 160A-383.5, will be considered dwellings for the purposes of this Part of GS 160A and that any ordinance requiring minimum square footage will not apply to such structures.
Includes a severability clause.
Effective July 1, 2013, applying to temporary family health care structures existing on or after that date. Also, no county or city may impose a fee as authorized by Section 1 of this act on any temporary family health care structure existing on that date.
SOG faculty member David Owens posted a summary of this new law on Coates' Canons:
http://canons.sog.unc.edu/?p=7846