House committee substitute makes the following changes to 1st edition. Deletes GS 153A-341.1, which was proposed in the previous edition, and instead enacts new GS 153A-341.3 to direct counties exercising zoning powers under Article 18 of GS Chapter 153A to comply with new GS 160A-383.5 (Zoning of temporary health care structures). Rewrites proposed GS 160A-383.5(a) to include a new defined term, first or second degree relative, and to clarify other defined terms. Creates new subsections to proposed GS 160A-383.5 to provide that a city must 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 on lots zoned for single-family detached dwellings in accordance with the statute if the temporary family health care structure is placed on the property of the residence of the individual and is used to provide care for the mentally or physically impaired person. Authorizes a city to charge a permit fee up to $100 and an annual renewal fee up to $50. Provides that temporary family health structures are to be treated as tangible personal property for purposes of taxation. Increases the time allowed for the removal of any temporary family health care structure from 30 days to 60 days after the physically or mentally impaired person is no longer receiving, or is no longer in need of, assistance. Makes other technical, clarifying, and organizational changes to proposed GS 160A-383.5.
Rewrites GS 130A-250 to exempt temporary family health care structures from the regulation of food and lodging facilities. Rewrites GS 131D-2.1(10) to provide that temporary health care structures are exempt from regulatory requirements for multiunit assisted housing with service programs. Rewrites GS 160A-442(2) to provide that temporary family health care structures are considered dwellings provided that any ordinance provision requiring minimum square footage does not apply to temporary family health care structures.
Includes severability clause. Clarifies that no county or city may impose a fee on any temporary family health care structure existing on July 1, 2011.
Bill Summaries: H 887 ZONING/TEMP. FAMILY HEALTH CARE STRUCTURES.
Bill H 887 (2011-2012)Summary date: Jun 3 2011 - View Summary
Bill H 887 (2011-2012)Summary date: May 3 2011 - View Summary
Enacts new GS 153-341.1 which requires a county zoning ordinance to consider a temporary family health care structure (1) used by a caregiver in providing care for a mentally or physically impaired person and (2) located on property owned or occupied by the caregiver as that individual’s residence, as a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings. Specifies a special use permit is not required. Specifies that such structures must comply with all setback requirements which apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure. Specifies only one family health care structure is allowed on a lot or parcel of land.
Further provides that a permit from the county is needed before any person installs a temporary family health care structure. Provides the county may charge up to $100 for such permit; however, directs that the county may not withhold a permit if the applicant provides sufficient proof of compliance with the statute. Directs that such permit may be revoked if the permit holder violates any provision of the statute. Provides that a temporary family health care structure may be required to connect to any water, sewer, and electric utilities that are serving the primary residence on the property. Forbids signage advertising or otherwise promoting the existence of the structure on the property. Requires any temporary family health care structure installed be removed within 30 days, if the mentally or physically impaired person is no longer receiving or is no longer in need of assistance. Provides definitions for (1) activities of daily living, (2) caregiver, (3) Mentally or physically impaired person, and (4) temporary family health care structure. Makes corresponding changes to GS 160A, enacting new GS 160A-383.5 (zoning of temporary health care structures). Effective July 1, 2011, and applies to temporary family health care structures existing on or after that date.