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7 <br />GENERAL ASSEMBLY OF NORTH CAROLINA <br />SESSION 2013 <br />SESSION LAW 2014 -94 <br />HOUSE BILL 625 <br />AN ACT RELATING TO ZONING PROVISIONS FOR TEMPORARY HEALTH CARE <br />STRUCTURES. <br />The General Assembly of North Carolina enacts: <br />SECTION 1. Part 3 of Article 18 of Chapter 153A of the General Statutes is <br />amended by adding a new section to read: <br />110 1 Ir 1 A 7 A 1 ') -IV <br />4.._.... L. ,.,.141. .. �-.... ,.4.. �..... <br />A county exercising powers under this Article shall comply with G.S. 160A- 383.5." <br />SECTION 2. Part 3 of Article 19 of Chapter 160A of the General Statutes is <br />amended by adding a new section to read: <br />"& 160A- 383.5. Zoning of temporary health care structures. <br />O The following definitions apply in this section: <br />0 Activities of daily living. — Bathing, dressing, personal hygiene, ambulation <br />or locomotion, transferring, toileting, and eating. <br />M <br />a meniany of pi <br />..,,i„ +; _ „P a,,, <br />marvrauar is caring. <br />First or second degree relative. — A spouse, lineal ascendant, lineal <br />descendant, sibling, uncle, aunt, nephew, or niece and includes half, step, <br />and in -law relationships. <br />Mentally of r ph sy ically impaired person. — A person who is a resident of this <br />State and who requires assistance with two or more activities of daily living <br />as certified in writing by a physician licensed to practice in this State. <br />Temporary family health care structure. — A transportable residential <br />structure, providing an enviromnent facilitating a caregiver's provision of <br />care for a mentally or physically impaired person, that (i) is primarily <br />assembled at a location other than its site of installation, (ii) is limited to one <br />occupant who shall be the mentally � r physically impaired person, (iii) has <br />no more than 300 rog ss square feet, and (iv) complies with applicable <br />provisions of the State Building Code and G.S. 143- 139.1(b). Placing the <br />temporary ly health care structure on a permanent foundation shall not <br />be required or permitted. <br />A city shall consider a temporary ly health care structure used by a caregiver _ in <br />providing care for a mentally or physically impaired person on property owned or occupied by <br />the caregiver as the caregiver's residence as a permitted accessory use in any single- family <br />residential zoning district on lots zoned for single- family detached dwellings. <br />O A city shall consider a temporary family health care structure used by an individual <br />who is the named legal guardian of the mentally or physically impaired person a permitted <br />accessory use in any single- family residential zoning district on lots zoned for single - family <br />detached dwellings in accordance with this section if the temporary family health care structure <br />is placed on the property of the residence of the individual and is used to provide care for the <br />mentally or physically impaired person. <br />dj Only one temporary family health care structure shall be allowed on a lot or parcel <br />of land. The temporary family health care structures under subsections (b ) and (c) of this <br />section shall not require a special use permit or be subjected to any other local zoning <br />reauirements bevond those imposed upon other authorized accessory use structures, except as <br />* H 6 2 5- V- 4* <br />