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34 <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 /> "§ 153A-341.3. Zoning of temporary health care structures. <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 /> (a) The following definitions apply in this section: <br /> (1) Activities of daily living. —Bathing, dressing, personal hygiene, ambulation <br /> or locomotion,transferring, toileting, and eating. <br /> (2) Caregiver. —An individual 18 years of age or older who (i)provides care for <br /> a mentally or physically impaired person and (ii) is a first or second degree <br /> relative of the mentally or physically impaired person for whom the <br /> individual is caring. <br /> (3) 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 /> (4) Mentally or physically 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 /> • (5) Temporary family health care structure. — A transportable residential <br /> • <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 or physically impaired person, (iii) has <br /> no more than 300 gross 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 family health care structure on a permanent foundation shall not <br /> be required or permitted. <br /> (b) A city shall consider a temporary family health care structure used by a caregiver in <br /> providing care for a mentall 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 /> (c) 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 /> (d) 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 /> requirements beyond those imposed upon other authorized accessory use structures, except as <br /> 101111111 1111 0 <br /> * H 6 2 5 - V - 4 * <br />