15.2-2292.1 - Zoning provisions for temporary family health care structures.
§ 15.2-2292.1. Zoning provisions for temporary family health care structures.
A. Zoning ordinances for all purposes shall consider temporary family healthcare structures (i) for use by a caregiver in providing care for a mentallyor physically impaired person and (ii) on property owned or occupied by thecaregiver as his residence as a permitted accessory use in any single-familyresidential zoning district on lots zoned for single-family detacheddwellings. Such structures shall not require a special use permit or besubjected to any other local requirements beyond those imposed upon otherauthorized accessory structures, except as otherwise provided in thissection. Such structures shall comply with all setback requirements thatapply to the primary structure and with any maximum floor area ratiolimitations that may apply to the primary structure. Only one family healthcare structure shall be allowed on a lot or parcel of land.
B. For purposes of this section:
"Caregiver" means an adult who provides care for a mentally or physicallyimpaired person within the Commonwealth. A caregiver shall be either relatedby blood, marriage, or adoption to or the legally appointed guardian of thementally or physically impaired person for whom he is caring.
"Mentally or physically impaired person" means a person who is a residentof Virginia and who requires assistance with two or more activities of dailyliving, as defined in § 63.2-2200, as certified in a writing provided by aphysician licensed by the Commonwealth.
"Temporary family health care structure" means a transportable residentialstructure, providing an environment facilitating a caregiver's provision ofcare for a mentally or physically impaired person, that (i) is primarilyassembled at a location other than its site of installation, (ii) is limitedto one occupant who shall be the mentally or physically impaired person,(iii) has no more than 300 gross square feet, and (iv) complies withapplicable provisions of the Industrialized Building Safety Law (§ 36-70 etseq.) and the Uniform Statewide Building Code (§ 36-97 et seq.). Placing thetemporary family health care structure on a permanent foundation shall not berequired or permitted.
C. Any person proposing to install a temporary family health care structureshall first obtain a permit from the local governing body, for which thelocality may charge a fee of up to $100. The locality may not withhold suchpermit if the applicant provides sufficient proof of compliance with thissection. The locality may require that the applicant provide evidence ofcompliance with this section on an annual basis as long as the temporaryfamily health care structure remains on the property. Such evidence mayinvolve the inspection by the locality of the temporary family health carestructure at reasonable times convenient to the caregiver, not limited to anyannual compliance confirmation.
D. Any temporary family health care structure installed pursuant to thissection may be required to connect to any water, sewer, and electricutilities that are serving the primary residence on the property and shallcomply with all applicable requirements of the Virginia Department of Health.
E. No signage advertising or otherwise promoting the existence of thestructure shall be permitted either on the exterior of the temporary familyhealth care structure or elsewhere on the property.
F. Any temporary family health care structure installed pursuant to thissection shall be removed within 30 days in which the mentally or physicallyimpaired person is no longer receiving or is no longer in need of theassistance provided for in this section.
G. The local governing body, or the zoning administrator on its behalf, mayrevoke the permit granted pursuant to subsection C if the permit holderviolates any provision of this section. Additionally, the local governingbody may seek injunctive relief or other appropriate actions or proceedingsin the circuit court of that locality to ensure compliance with this section.The zoning administrator is vested with all necessary authority on behalf ofthe governing body of the locality to ensure compliance with this section.
(2010, c. 296.)