A BILL TO BE ENTITLED
AN ACT relating to zoning provisions for temporary health care structures.
The General Assembly of North Carolina enacts:
SECTION 1.  Part 3 of Article 18 of Chapter 153A of the General Statutes is amended by adding a new section to read:
"§ 153A‑341.1. Zoning of temporary health care structures.
(a)	The following definitions apply in this section:
(1)	Activities of daily living. –  Personal functions essential for one's health and well‑being.
(2)	Caregiver. – An individual 18 years of age or older who (i) provides care for a mentally or physically impaired person and (ii) is related by blood, marriage, or adoption to, or is the legally appointed guardian of, the mentally or physically impaired person for whom the individual is caring.
(3)	Mentally or physically impaired person. – A person who is a resident of this State and who requires assistance with two or more activities of daily living. 
(4)	Temporary family health care structure. – 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 300 gross square feet, and (iv) complies with applicable provisions of the State Building Code. Placing the temporary family health care structure on a permanent foundation shall not be required or permitted.
(b)	A county zoning ordinance for all purposes shall consider a temporary family health care structure (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 that individual's residence as a permitted accessory use in any single‑family residential zoning district on lots zoned for single‑family detached dwellings. These 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.
(c)	Any person proposing to install a temporary family health care structure shall first obtain a permit from the county. The county may charge a fee of up to one hundred dollars ($100.00). The county may not withhold a permit if the applicant provides sufficient proof of compliance with this section. The county 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. The 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.
(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.
(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 30 days in which the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section.
(g)	The county may revoke the permit granted pursuant to subsection (c) of this section if the permit holder violates any provision of this section. Additionally, the county may seek injunctive relief or other appropriate actions or proceedings to ensure compliance with this section."
SECTION 2.  Part 3 of Article 19 of Chapter 160A of the General Statutes is amended by adding a new section to read:
"§ 160A‑383.5. Zoning of temporary health care structures.
(a)	The following definitions apply in this section:
(1)	Activities of daily living. – Personal functions essential for one's health and well‑being.
(2)	Caregiver. – An individual 18 years of age or older who (i) provides care for a mentally or physically impaired person and (ii) is related by blood, marriage, or adoption to, or is the legally appointed guardian of, the mentally or physically impaired person for whom the individual is caring.
(3)	Mentally or physically impaired person. – A person who is a resident of this State and who requires assistance with two or more activities of daily living. 
(4)	Temporary family health care structure. – 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 300 gross square feet, and (iv) complies with applicable provisions of the State Building Code. Placing the temporary family health care structure on a permanent foundation shall not be required or permitted.
(b)	A city zoning ordinance for all purposes shall consider a temporary family health care structure (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 that individual's residence as a permitted accessory use in any single‑family residential zoning district on lots zoned for single‑family detached dwellings. These 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.
(c)	Any person proposing to install a temporary family health care structure shall first obtain a permit from the city. The city may charge a fee of up to one hundred dollars ($100.00). The city may not withhold a permit if the applicant provides sufficient proof of compliance with this section. The city 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. The evidence may involve the inspection by the city 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.
(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 30 days in which the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section.
(g)	The city may revoke the permit granted pursuant to subsection (c) of this section if the permit holder violates any provision of this section. Additionally, the city may seek injunctive relief or other appropriate actions or proceedings to ensure compliance with this section."SECTION 3.  This act becomes effective July 1, 2011, and applies as to temporary family health care structures existing on or after that date.