23-1
Temporary family health care structures.

23-2
For purposes of this Article:

(1)

"Caregiver" means an adult who provides care for a mentally or physically impaired person. A caregiver shall be either related by blood, marriage, or adoption to or the legally appointed guardian of the mentally or physically impaired person for whom he/she is caring.

(2)

"Mentally or physically impaired person" means a person who is a resident of Virginia and who requires assistance with two (2) or more activities of daily living, as defined in Code of Virginia § 63.2-2200, as certified in a writing provided by a physician licensed by the Commonwealth.

(3)

"Temporary family health care structure" means a transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that (i) is primarily assembled at a location other than its site of installation, (ii) is limited to one occupant who shall be the mentally or physically impaired person, (iii) has no more than three hundred (300) gross square feet, and (iv) complies with applicable provisions of the Industrialized Building Safety Law (Code of Virginia §§ 36-70 through 36-85.1) and the Uniform Statewide Building Code (Code of Virginia §§ 36-97 through 36-119.1).

23-3
Temporary family health care structures shall be allowed in the Conservation, C-1; Agricultural, A-1; Residential, R-1; Residential, R-2; and Residential Planned Community, RPC Zoning Districts as permitted accessory uses to single-family dwellings. Temporary family health care structures shall be only (i) for use by a caregiver in providing care for a mentally or physically impaired person and (ii) on property owned by or occupied by the caregiver as his or her residence.

23-4
Such structures shall comply with all setback requirements that apply to the primary structure. Only one (1) family health care structure shall be allowed on a lot or parcel of land. Placement of temporary family health care structures on a permanent foundation shall not be permitted.

23-5
A Zoning Permit to install a temporary family health care structure shall be obtained from the Department of Planning and Zoning. A Building Permit is also required and shall be obtained from the Department of Building Inspections. The applicant shall provide sufficient proof of compliance with this section, initially and annually thereafter, for as long as the temporary health care structure remains on the property. Such evidence may involve the inspection by the County of the temporary family health care structure at reasonable times convenient to the caregiver, not limited to any annual compliance confirmation.

23-6
Any temporary family health care structure installed pursuant to this section shall connect to any water, sewer, and electric utilities that are serving the primary residence on the property and shall comply with all applicable requirements of the Virginia Department of Health.

23-7
No signage advertising or otherwise promoting the existence of the structure shall be permitted either on the exterior of the temporary family health care structure or elsewhere on the property.

23-8
Any temporary family health care structure installed pursuant to this section shall be removed no later than thirty (30) days after the mentally or physically impaired person is no longer receiving or in need of the assistance provided in this section.

23-9
The Director of Planning and Zoning, on behalf of the County, may revoke the permit granted pursuant to this section if the permit holder violates any provision of this section. The Planning and Zoning Director is vested with all necessary authority on behalf of the Board of Supervisors to ensure compliance with this section.

(Ord. No. O2012-02, 3-13-12)