GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION

CHAPTER 619
SENATE BILL 872

AN ACT TO PROVIDE THAT FAMILY CARE HOMES SHALL BE TREATED AS RESIDENCES FOR PURPOSES IN ADDITION TO ZONING.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 168-22 reads as rewritten:
"§ 168-22. Family care home; zoning and other purposes.
(a)	A family care home shall be deemed a residential use of property for zoning purposes and shall be a permissible use in all residential districts of all political subdivisions. No political subdivision may require that a family care home, its owner, or operator obtain, because of the use, a conditional use permit, special use permit, special exception or variance from any such zoning ordinance or plan; provided, however, that a political subdivision may prohibit a family care home from being located within a one-half mile radius of an existing family care home.
(b)	A family care home shall be deemed a residential use of property for the purposes of determining charges or assessments imposed by political subdivisions or businesses for water, sewer, power, telephone service, cable television, garbage and trash collection, repairs or improvements to roads, streets, and sidewalks, and other services, utilities, and improvements, and for purposes of classification for insurance."
Sec. 2.  This act becomes effective October 1, 1994, and applies to charges or assessments imposed on or after that date.
In the General Assembly read three times and ratified this the 1st day of July, 1994.

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Dennis A. Wicker
President of the Senate

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Daniel Blue, Jr.
Speaker of the House of Representatives