Orange County NC Website
Browse       Search
11 <br /> 1 ANALYSIS <br /> 2 <br /> 3 The UDO (in Article 10) defers definition of a Family Care Facility to State statutes where it is <br /> 4 defined as (NCGS 160D-907): <br /> 5 <br /> 6 A home with support and supervisory personnel that provides room and board, personal <br /> 7 care, and habilitation services in a family environment for not more than six resident <br /> 8 persons with disabilities. <br /> 9 <br /> 10 The statute further defines a "person with disabilities" as: <br /> 11 <br /> 12 A person with a temporary or permanent physical, emotional, or mental disability, <br /> 13 including, but not limited to, an intellectual or other developmental disability, cerebral <br /> 14 palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances, and <br /> 15 orthopedic impairments but not including persons with a mental illness who are dangerous <br /> 16 to others as defined in G.S. 122C-3(11)b. <br /> 17 <br /> 18 Additionally, the statute stipulates: <br /> 19 <br /> 20 A family care home is deemed a residential use of property for zoning purposes and is a <br /> 21 permissible use in all residential districts. No local government shall require that a family <br /> 22 care home, its owner, or operator obtain, because of the use, a special use permit or <br /> 23 variance from any such zoning regulation; however, a local government may prohibit a <br /> 24 family care home from being located within a one-half mile radius of an existing family <br /> 25 care home. <br /> 26 <br /> 27 In accordance with the State law, the County's Table of Permitted Uses allows Family Care <br /> 28 Homes (use #44 in Section 5.2 of the UDO) in all residential zoning districts. The use is also <br /> 29 allowable in the zoning districts. This use is currently permitted by-right (consistent with State <br /> 30 statutes that address the use) in the County's 16 conventional zoning districts and Residential <br /> 31 - Conditional District and Non-Residential - Conditional District. <br /> 32 <br /> 33 As stated in Article 3 of the LIDO, the purpose of the MPD-CD district includes the potential <br /> 34 for residential uses (emphasis by staff): <br /> 35 <br /> 36 ...to provide for unified large scale subdivisions, non-residential, and mixed-use <br /> 37 developments that promote economical and efficient land use, improved level of <br /> 38 amenities, appropriate and harmonious variety, creative design, and a better environment <br /> 39 through the approval of a general concept Master Plan the permits defined flexibility to <br /> 40 accommodate land use adjustments in response to evolving market trends. <br /> 41 <br /> 42 As such, MPD-CD districts currently allow for residential uses but not "family care homes", <br /> 43 inconsistent with the statutory requirements. Furthermore, as included in the Application <br /> 44 narrative, Orange County has adopted plans supporting diversified housing options for a <br /> 45 variety of populations. <br /> 46 <br /> 47 Link to Countywide Strategic Plan: <br /> 48 https://www.orangecountync.gov/DocumentCenter/View/26972/Orange-County-Strategic- <br /> 49 Plan?bidld= <br /> 50 <br />