HomeMy WebLinkAbout2010-10ORDINANCE 2010-10
Ordinance Authorizing "Temporary Family Medical Health Structures" as an
Accessory Use in Residential Areas
WHI~REAS, the General Assembly of Virginia mandated the inclusion of structures
known as "temporary family medical health care structures", also popularly known as
"me~1-cottages", as an accessory use in residential districts where single-family
detached homes are permitted; and,
WHhREAS, the Town Council of the Town of Pulaski, Virginia has considered it in the
best interests of the public, and determined that it is consistent with the general welfare
of trey citizens to formally amend the zoning regulations to incorporate the mandated
prop isions for this accessory use into the Town's zoning regulations; and,
WHI~REAS, the Planning Commission and the Town Council of the Town of Pulaski,
Virginia conducted duly noticed public hearings on September 13, 2010, and October 5,
201 i) respectively, wherein the comments of the public were heard and considered;
NO1~'1/, THERFORE be it ORDAINED, by the Town Council of the Town of Pulaski,
Virginia sitting in regular session this 2"d day of November 2010 that the Zoning
Regulations of the Town of Pulaski are amended to include the mandated provisions for
"temporary family health care structures" in the accessory uses section of the following
zoning districts under the following section numbers as shown in the table below:
_ District Amendment Section Number
_ RR Rural Residential District 401.4-8
_ R-1 Residential District 402.4-8
_ R-2 Residential District 403.4-9
_ R-3 Residential District 404.4-8
R-4 Residential District 405.4-8
R-5 Planned Unit Develo ment District 406.4-5
RO Residential Office District 408.4-10
FUF;'.THER that the text of the amendment for each district shall read as follows:
(Section No.) Temporary family health care structures as set forth in Code of
Virginia 15.2-2292.1 as follows:
(a) 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
a,y
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:
"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.
"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.
"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 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) Any person proposing to install a temporary family health care structure
shall first obtain a permit from the Town Manager or his designee and for
which there shall be a fee charged of $100.
(d) Any temporary family health care structure installed pursuant to this
section shall 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.
Z
(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 Zoning Administrator is vested with all necessary authority on behalf
of the governing body of the locality to ensure compliance with this
section.
BE I T FURTHER ORDAINED THAT the definitions of the terms "caregiver", "mentally
or pf~ysically impaired person" and "temporary family health care structure", as set forth
in subsection (b) shall be included into Section 1100 (Definitions) of the Zoning
Regi.ilations.
This ordinance is effective upon adoption and is hereby adopted this 2"d day of
NovEymber 2010 by the duly recorded vote of the Town Council of the Town of Pulaski,
Virginia as follows:
Morgan P. Welker -Aye
H.M. Kidd -Aye
David L. Clark -Aye
Joel B. Burchett, Jr. -Aye
Robert A. Bopp -Aye
Joseph K. Goodman -Aye
THE TOWN OF PULASKI, VIRGINIA
ATTI:.ST:
,~~
Patri;~ia Cruise, Clerk of Council
~ ~
BY:
e orrell,JMayor
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