{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2292.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2292.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2292.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2292.1.html"}],"law_id":55400,"edition_id":1,"section_id":55400,"structure_id":12775,"section_number":"15.2-2292.1","catch_line":"Zoning provisions for temporary family health care structures","history":"2010, c. 296; 2013, c. 178.","full_text":"A\n\nZoning ordinances for all purposes shall consider temporary family health care structures (i) for use by a caregiver in providing care for a mentally or physically impaired person and (ii) on property owned or occupied by the caregiver as his residence as a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings. Such structures shall not require a special use permit or be subjected to any other local requirements beyond those imposed upon other authorized accessory structures, except as otherwise provided in this section. Such structures shall comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure. Only one family health care structure shall be allowed on a lot or parcel of land.B\n\nFor purposes of this section:\n\t\t\t“Caregiver” means an adult who provides care for a mentally or physically impaired person within the Commonwealth. 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 is caring.\n\t\t\t“Mentally or physically impaired person” means a person who is a resident of Virginia and who requires assistance with two or more activities of daily living, as defined in § 63.2-2200, as certified in a writing provided by a physician licensed by the Commonwealth.\n\t\t\t“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 or, in the case of a married couple, two occupants, one of whom is a mentally or physically impaired person, and the other requires assistance with one or more activities of daily living as defined in § 63.2-2200, as certified in writing by a physician licensed in the Commonwealth; (iii) has no more than 300 gross square feet; and (iv) complies with applicable provisions of the Industrialized Building Safety Law (§ 36-70 et seq.) and the Uniform Statewide Building Code (§ 36-97 et seq.). Placing the temporary family health care structure on a permanent foundation shall not be required or permitted.C\n\nAny person proposing to install a temporary family health care structure shall first obtain a permit from the local governing body, for which the locality may charge a fee of up to $100. The locality may not withhold such permit if the applicant provides sufficient proof of compliance with this section. The locality may require that the applicant provide evidence of compliance with this section on an annual basis as long as the temporary family health care structure remains on the property. Such evidence may involve the inspection by the locality of the temporary family health care structure at reasonable times convenient to the caregiver, not limited to any annual compliance confirmation.D\n\nAny temporary family health care structure installed pursuant to this section may be required to 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.E\n\nNo 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.F\n\nAny temporary family health care structure installed pursuant to this section shall be removed within 60 days of the date on which the temporary family health care structure was last occupied by a mentally or physically impaired person receiving services or in need of the assistance provided for in this section.G\n\nThe local governing body, or the zoning administrator on its behalf, may revoke the permit granted pursuant to subsection C if the permit holder violates any provision of this section. Additionally, the local governing body may seek injunctive relief or other appropriate actions or proceedings in the circuit court of that locality to ensure compliance with this section. The zoning administrator is vested with all necessary authority on behalf of the governing body of the locality to ensure compliance with this section.","order_by":null,"text":{"0":{"id":203112,"text":"Zoning ordinances for all purposes shall consider temporary family health care structures (i) for use by a caregiver in providing care for a mentally or physically impaired person and (ii) on property owned or occupied by the caregiver as his residence as a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings. Such structures shall not require a special use permit or be subjected to any other local requirements beyond those imposed upon other authorized accessory structures, except as otherwise provided in this section. Such structures shall comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure. Only one family health care structure shall be allowed on a lot or parcel of land.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":203113,"text":"For purposes of this section:\n\t\t\t“Caregiver” means an adult who provides care for a mentally or physically impaired person within the Commonwealth. 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 is caring.\n\t\t\t“Mentally or physically impaired person” means a person who is a resident of Virginia and who requires assistance with two or more activities of daily living, as defined in § 63.2-2200, as certified in a writing provided by a physician licensed by the Commonwealth.\n\t\t\t“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 or, in the case of a married couple, two occupants, one of whom is a mentally or physically impaired person, and the other requires assistance with one or more activities of daily living as defined in § 63.2-2200, as certified in writing by a physician licensed in the Commonwealth; (iii) has no more than 300 gross square feet; and (iv) complies with applicable provisions of the Industrialized Building Safety Law (§ 36-70 et seq.) and the Uniform Statewide Building Code (§ 36-97 et seq.). Placing the temporary family health care structure on a permanent foundation shall not be required or permitted.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":203114,"text":"Any person proposing to install a temporary family health care structure shall first obtain a permit from the local governing body, for which the locality may charge a fee of up to $100. The locality may not withhold such permit if the applicant provides sufficient proof of compliance with this section. The locality may require that the applicant provide evidence of compliance with this section on an annual basis as long as the temporary family health care structure remains on the property. Such evidence may involve the inspection by the locality of the temporary family health care structure at reasonable times convenient to the caregiver, not limited to any annual compliance confirmation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":203115,"text":"Any temporary family health care structure installed pursuant to this section may be required to 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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":203116,"text":"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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":203117,"text":"Any temporary family health care structure installed pursuant to this section shall be removed within 60 days of the date on which the temporary family health care structure was last occupied by a mentally or physically impaired person receiving services or in need of the assistance provided for in this section.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":203118,"text":"The local governing body, or the zoning administrator on its behalf, may revoke the permit granted pursuant to subsection C if the permit holder violates any provision of this section. Additionally, the local governing body may seek injunctive relief or other appropriate actions or proceedings in the circuit court of that locality to ensure compliance with this section. The zoning administrator is vested with all necessary authority on behalf of the governing body of the locality to ensure compliance with this section.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":12775,"edition_id":1,"name":"Zoning","identifier":"7","label":"article","depth":4,"order_by":1,"parent_id":12774,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":155213,"object_type":"structure","relational_id":12775,"identifier":"7","token":"15.2\/II\/22\/7","url":"\/15.2\/II\/22\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12774,"edition_id":1,"name":"Planning, Subdivision of Land and Zoning","identifier":"22","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":154795,"object_type":"structure","relational_id":12774,"identifier":"22","token":"15.2\/II\/22","url":"\/15.2\/II\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56618,"structure_id":12775,"section_number":"15.2-2280","catch_line":"Zoning ordinances generally","url":"\/15.2-2280\/","token":"15.2\/II\/22\/7\/15.2-2280","metadata":false},{"id":56632,"structure_id":12775,"section_number":"15.2-2281","catch_line":"Jurisdiction of localities","url":"\/15.2-2281\/","token":"15.2\/II\/22\/7\/15.2-2281","metadata":false},{"id":72266,"structure_id":12775,"section_number":"15.2-2282","catch_line":"Regulations to be uniform","url":"\/15.2-2282\/","token":"15.2\/II\/22\/7\/15.2-2282","metadata":false},{"id":73825,"structure_id":12775,"section_number":"15.2-2283","catch_line":"Purpose of zoning ordinances","url":"\/15.2-2283\/","token":"15.2\/II\/22\/7\/15.2-2283","metadata":false},{"id":70348,"structure_id":12775,"section_number":"15.2-2283.1","catch_line":"Prohibition of sexual offender treatment office in residentially zoned subdivision","url":"\/15.2-2283.1\/","token":"15.2\/II\/22\/7\/15.2-2283.1","metadata":false},{"id":55641,"structure_id":12775,"section_number":"15.2-2284","catch_line":"Matters to be considered in drawing and applying zoning ordinances and districts","url":"\/15.2-2284\/","token":"15.2\/II\/22\/7\/15.2-2284","metadata":false},{"id":62867,"structure_id":12775,"section_number":"15.2-2285","catch_line":"Preparation and adoption of zoning ordinance and map and amendments thereto; 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child day programs","url":"\/15.2-2292.2\/","token":"15.2\/II\/22\/7\/15.2-2292.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2292.1\/","history_text":"

This law was first created in 2010. The record of its establishment is cataloged in chapter 296<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2013, chapter 178<\/a>.<\/p>","references":false,"refers_to":[{"id":82255,"section_number":"36-70","catch_line":"Short title","order_by":null,"url":"\/36-70\/"},{"id":78167,"section_number":"36-97","catch_line":"Definitions","order_by":null,"url":"\/36-97\/"},{"id":63467,"section_number":"63.2-2200","catch_line":"Definitions","order_by":null,"url":"\/63.2-2200\/"}],"permalink":{"id":155323,"object_type":"law","relational_id":55400,"identifier":"15.2-2292.1","token":"15.2\/II\/22\/7\/15.2-2292.1","url":"\/15.2-2292.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2292.1\/","token":"15.2\/II\/22\/7\/15.2-2292.1","dublin_core":{"Title":"Zoning provisions for temporary family health care structures","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2292.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Zoning<\/span> ordinances<\/span> for all purposes shall consider temporary family health care structures<\/span> (i) for use by a caregiver<\/span> in providing care for a mentally or physically impaired person<\/span> and (ii) on property owned or occupied by the caregiver<\/span> as his residence as a permitted accessory<\/span> use in any single-family residential zoning<\/span> district on lots zoned for single-family detached dwellings. Such structures shall not require a special use permit or be subjected to any other local requirements beyond those imposed upon other authorized accessory<\/span> structures, except as otherwise provided in this section. Such structures shall comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure. Only one family health care structure shall be allowed on a lot or parcel of land. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For purposes of this section:\n\t\t\t“Caregiver<\/span>” means an adult who provides care for a mentally or physically impaired person<\/span> within the Commonwealth. A caregiver<\/span> shall be either related by blood, marriage, or adoption to or the legally appointed guardian of the mentally or physically impaired person<\/span> for whom he is caring.\n\t\t\t“Mentally or physically impaired person<\/span>” means a person who is a resident of Virginia and who requires assistance with two or more activities of daily living, as defined in § 63.2-2200<\/a>, as certified in a writing provided by a physician licensed by the Commonwealth.\n\t\t\t“Temporary family health care structure<\/span>” means a transportable residential structure, providing an environment facilitating a caregiver<\/span>’s provision of care for a mentally or physically impaired person<\/span>, 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<\/span> or, in the case of a married couple, two occupants, one of whom is a mentally or physically impaired person<\/span>, and the other requires assistance with one or more activities of daily living as defined in § 63.2-2200<\/a>, as certified in writing by a physician licensed in the Commonwealth; (iii) has no more than 300 gross square feet; and (iv) complies with applicable provisions of the Industrialized Building Safety Law<\/span> (§ 36-70<\/a> et seq.) and the Uniform Statewide Building Code (§ 36-97<\/a> et seq.). Placing the temporary family health care structure<\/span> on a permanent foundation shall not be required or permitted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person proposing to install a temporary family health care structure<\/span> shall first obtain a permit from the local governing body<\/span>, for which the locality<\/span> may charge a fee of up to $100. The locality<\/span> may not withhold such permit if the applicant provides sufficient proof of compliance with this section. The locality<\/span> may require that the applicant provide evidence<\/span> of compliance with this section on an annual basis as long as the temporary family health care structure<\/span> remains on the property. Such evidence<\/span> may involve the inspection by the locality<\/span> of the temporary family health care structure<\/span> at reasonable times convenient to the caregiver<\/span>, not limited to any annual compliance confirmation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any temporary family health care structure<\/span> installed pursuant to this section may be required to 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> 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<\/span> or elsewhere on the property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any temporary family health care structure<\/span> installed pursuant to this section shall be removed within 60 days of the date on which the temporary family health care structure<\/span> was last occupied by a mentally or physically impaired person<\/span> receiving services or in need of the assistance provided for in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The local governing body<\/span>, or the zoning<\/span> administrator on its behalf, may revoke the permit granted pursuant to subsection C if the permit holder violates any provision of this section. Additionally, the local governing body<\/span> may seek injunctive relief or other appropriate actions or proceedings in the circuit<\/span> court<\/span> of that locality<\/span> to ensure compliance with this section. The zoning<\/span> administrator is vested with all necessary authority on behalf of the governing body<\/span> of the locality<\/span> to ensure compliance with this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nZONING PROVISIONS FOR TEMPORARY FAMILY HEALTH CARE STRUCTURES (\u00a7 15.2-2292.1)\n\nA. Zoning ordinances for all purposes shall consider temporary family health\ncare structures (i) for use by a caregiver in providing care for a mentally or\nphysically impaired person and (ii) on property owned or occupied by the\ncaregiver as his residence as a permitted accessory use in any single-family\nresidential zoning district on lots zoned for single-family detached dwellings.\nSuch structures shall not require a special use permit or be subjected to any\nother local requirements beyond those imposed upon other authorized accessory\nstructures, except as otherwise provided in this section. Such structures shall\ncomply with all setback requirements that apply to the primary structure and\nwith any maximum floor area ratio limitations that may apply to the primary\nstructure. Only one family health care structure shall be allowed on a lot or\nparcel of land.\n\nB. For purposes of this section:\n\t\t\t“Caregiver” means an adult who provides care for a mentally or\nphysically impaired person within the Commonwealth. A caregiver shall be either\nrelated by blood, marriage, or adoption to or the legally appointed guardian of\nthe mentally or physically impaired person for whom he is caring.\n\t\t\t“Mentally or physically impaired person” means a person who is a\nresident of Virginia and who requires assistance with two or more activities of\ndaily living, as defined in § 63.2-2200, as certified in a writing provided\nby a physician licensed by the Commonwealth.\n\t\t\t“Temporary family health care structure” means a transportable\nresidential structure, providing an environment facilitating a caregiver’s\nprovision of care for a mentally or physically impaired person, that (i) is\nprimarily assembled at a location other than its site of installation; (ii) is\nlimited to one occupant who shall be the mentally or physically impaired person\nor, in the case of a married couple, two occupants, one of whom is a mentally or\nphysically impaired person, and the other requires assistance with one or more\nactivities of daily living as defined in § 63.2-2200, as certified in\nwriting by a physician licensed in the Commonwealth; (iii) has no more than 300\ngross square feet; and (iv) complies with applicable provisions of the\nIndustrialized Building Safety Law (§ 36-70 et seq.) and the Uniform\nStatewide Building Code (§ 36-97 et seq.). Placing the temporary family\nhealth care structure on a permanent foundation shall not be required or\npermitted.\n\nC. Any person proposing to install a temporary family health care structure\nshall first obtain a permit from the local governing body, for which the\nlocality may charge a fee of up to $100. The locality may not withhold such\npermit if the applicant provides sufficient proof of compliance with this\nsection. The locality may require that the applicant provide evidence of\ncompliance with this section on an annual basis as long as the temporary family\nhealth care structure remains on the property. Such evidence may involve the\ninspection by the locality of the temporary family health care structure at\nreasonable times convenient to the caregiver, not limited to any annual\ncompliance confirmation.\n\nD. Any temporary family health care structure installed pursuant to this section\nmay be required to connect to any water, sewer, and electric utilities that are\nserving the primary residence on the property and shall comply with all\napplicable requirements of the Virginia Department of Health.\n\nE. No signage advertising or otherwise promoting the existence of the structure\nshall be permitted either on the exterior of the temporary family health care\nstructure or elsewhere on the property.\n\nF. Any temporary family health care structure installed pursuant to this section\nshall be removed within 60 days of the date on which the temporary family health\ncare structure was last occupied by a mentally or physically impaired person\nreceiving services or in need of the assistance provided for in this section.\n\nG. The local governing body, or the zoning administrator on its behalf, may\nrevoke the permit granted pursuant to subsection C if the permit holder violates\nany provision of this section. Additionally, the local governing body may seek\ninjunctive relief or other appropriate actions or proceedings in the circuit\ncourt of that locality to ensure compliance with this section. The zoning\nadministrator is vested with all necessary authority on behalf of the governing\nbody of the locality to ensure compliance with this section.\n\nHISTORY: 2010, c. 296; 2013, c. 178.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}