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