Standards when permitted by administrative permit:
(1) Family health care structures are allowed only on lots zoned for and developed with single-family detached dwellings, subject to approval of a permit issued by the Zoning Administrator, and the following provisions.
(2) Occupancy of the structure is limited to one mentally or physically impaired person, who is a Virginia resident and requires assistance with two or more activities of daily living as defined in Va. Code Sect. 63.2-2200, or, in the case of a married couple, two occupants, one of whom is mentally or physically impaired and the other requires assistance with one or more daily living activities.
(3) The property must be owned or occupied by an adult caregiver who provides care for a mentally or physically impaired person and the property must be used as the caregiver’s primary residence. The adult caregiver must be related by blood, marriage, or adoption to or the legally appointed guardian of the physically or mentally impaired person(s) occupying the family health care structure.
(4) Only one family health care structure is permitted on a lot.
(5) Family health care structures are limited to a maximum of 300 square feet of gross floor area and must meet the minimum yard requirements for single-family detached dwellings of the zoning district in which it is located. When located in a Planned Development district, the family health care structure is subject to any proffered yards and/or yards depicted on an approved development plan. If there are no proffered yards or yards depicted on an approved development plan in a Planned Development district, the family health care structure will be deemed an alteration to a single-family dwelling unit and subject to subsection 8100.2.E(3)(f).
(6) Family health care structures may not be installed on a permanent foundation.
(7) Family health care structures are subject to the Industrialized Building Safety Law and the USBC.
(8) Family health care structures may be required to connect to any water, sewer, and electric utilities that are serving the principal residence on the property, and must comply with all applicable Health Department requirements.
(9) Evidence of compliance with these provisions must be provided to the Zoning Administrator on an annual basis.
(10) Family health care structures must be removed from the property within 60 days from the date on which the structure was last occupied by a mentally or physically impaired person receiving services or in need of the assistance provided for by the caregiver.
(11) The following materials must be submitted with an application to the Zoning Administrator:
(a) The name and contact information of the proposed caregiver, and the relationship of the caregiver to the physically or mentally impaired proposed occupant.
(b) Address of the property.
(c) Written certification of physical or mental impairment of the proposed occupant, including verification that the person requires assistance with two or more activities of daily living as defined in Va. Code Sect. 63.2-2200, by a physician licensed in the State.
(d) Three copies of a plat drawn to a designated scale of not less than 1” = 50’, which may be prepared by the applicant, that contains the following information:
1. The dimensions of the lot, the boundary lines of the lot, and the land area;
2. The dimensions, height, and distance to all lot lines of any existing structure on the lot and of the proposed temporary family health care structure; and
3. The signature and certification number, if applicable, of the person preparing the plat.
(1) The County may inspect the property during reasonable hours and in accordance with subsection 8106.2.D.
(2) The Zoning Administrator may revoke an administrative permit at any time if the owner or operator of the use fails to comply with all requirements of the law with respect to maintenance and conduct of the use and all conditions imposed by the Zoning Administrator in connection with the permit.
(3) The Zoning Administrator will issue a notice of revocation to the owner or operator, hand-delivered or mailed, return receipt requested, setting forth the grounds upon which the permit was revoked, the date and time the revocation took effect, and describing the appeals procedure. Upon receipt of the notice, operation of the activity must cease.
(4) These provisions do not preclude the use of any other remedy prescribed by law or by this Ordinance with respect to violations of this Ordinance.