                                 CODE OF VIRGINIA

ZONING PROVISIONS FOR TEMPORARY FAMILY HEALTH CARE STRUCTURES (§ 15.2-2292.1)

A. 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.

B. For purposes of this section:
			&#8220;Caregiver&#8221; 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.
			&#8220;Mentally or physically impaired person&#8221; means a person who is a
resident of Virginia and who requires assistance with two or more activities of
daily living, as defined in &#xA7; 63.2-2200, as certified in a writing provided
by a physician licensed by the Commonwealth.
			&#8220;Temporary family health care structure&#8221; means a transportable
residential structure, providing an environment facilitating a caregiver&#8217;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 &#xA7; 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 (&#xA7; 36-70 et seq.) and the Uniform
Statewide Building Code (&#xA7; 36-97 et seq.). Placing the temporary family
health care structure on a permanent foundation shall not be required or
permitted.

C. 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.

D. 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.

E. 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.

F. 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.

G. 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.

HISTORY: 2010, c. 296; 2013, c. 178.