061-13Action:
BOARD OF SUPERVISORS: June 12, 2013 �j APPROVED ❑ DENIED
RESOLUTION
DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING
REGARDING CHAPTER 165, ZONING
ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL
USE PERMITS
PART 101 GENERAL PROVISIONS
165- 101.02 DEFINITIONS & WORD USAGE
ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS,
AND REGULATIONS FOR SPECIFIC USES
PART 204 ADDITIONAL REGULATIONS FOR SPECIFIC USES
165- 204.27 TEMPORARY FAMILY HEALTH CARE STRUCTURES
ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS
PART 401 RA RURAL AREAS DISTRICT
165 - 401.92 PERMITTED USES
WHEREAS, the Frederick County Planning Department has been directed to prepare
changes to Chapter 165 Zoning, to revise Zoning Ordinance to include temporary family
health care structures (MedCottages) as a permitted use.
WHEREAS, The Development Review and Regulations Committee (DRRQ
recommended this item be forwarded to the Planning Commission and Board of
Supervisors; and
WHEREAS, the Planning Commission discussed the proposed changes at their regularly
scheduled meeting on May 15, 2413; and
WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly
scheduled meeting on June 12, 2013; and
WHEREAS, the Frederick County Board of Supervisors finds that in the public
necessity, convenience, general welfare, and good zoning practice, directs the Frederick
County Planning Commission hold a public hearing regarding an amendment to Chapter
165 to revise Zoning Ordinance to include temporary family health care structures
(MedCottages) as a permitted use.
NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of
Supervisors that the Frederick County Planning Commission shall hold a public hearing
to consider changes to revise Zoning Ordinance to include temporary family health care
structures (MedCottages) as a permitted use.
Passed this 12th day of June, 2013 by the following recorded vote:
This resolution was approved by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton Aye
Robert A. Hess
Aye
Charles S. DeHaven, Jr.
Aye
Gene E. Fisher
Aye
Christopher E. Collins
Aye
Opequon Magisterial District is vacant.
A XerickCounty T
F Ad ministrator
BaS Res. #061 -13
COUNTY of FREDERICK
Department of Planning and Development
5401665 -5651
MEMORANDUM FAX: 5401665 -6395
To: Frederick County Board of Supervisors , p
From: Candice E. Perkins, AICP, Senior Planner
Subject: Discussion — Temporary Family Health Care Structures
Date: June 3, 2013
Staff has prepared a revision to the Zoning Ordinance to include temporary family health care
structures (MedCottages) as a permitted use in the following Zoning Districts:
• RA (Rural Areas)
• RP (Residential Performance)
• R5 (Residential Recreational)
• R4 (Residential Planned Community)
The Code of Virginia requires localities to allow temporary family health care structures as a
permitted accessory use in all residential zoning districts where single family detached dwelling
units are permitted. Staff has added this use as a permitted use in the above districts and has
drafted a number of supplementary use regulations that regulate the use. The supplemental
regulations are consistent with the State Code.
This item was discussed by the DRRC at their meeting on April 25, 2013. The DRRC was
supportive of the proposed amendment being forwarded to the Planning Commission for
discussion with minor changes to the definition of caregiver (to clarify that outside agencies can
provide care for a person residing in a temporary family health care structure). The Planning
Commission discussed this item at their meeting on May 15, 2013; the Commission was
supportive of the amendment as presented.
The attached document shows the existing ordinance with the proposed changes (with bold italic
for text added). Staff is seeking direction from the Board of Supervisors on this Zoning
Ordinance text amendment; attached is a resolution directing the item to public hearing should
the Board deem it appropriate.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
2. Code of Virginia pertaining to temporary family health care structures.
3. Resolution.
CEP /pd
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
Attachment 1
ARTICLE I
GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS
Part 101 — General Provisions
§ 165- 101.02 Definitions & word usage.
CAREGIVER =An adult who provides care fora_ mentally or physically impaired person within the
Commonwealth. For ,purposes of the Placement of a temporary family health care structure, a
caregiver shall be either related by blood, marriage, or adoption to yr the ieeally appointed guardian
of the mental! y or phKELallyimpaired person for whom they are providing care for.
MENTALLY OR PHYSICALLY IMPAIRED PERSON : A person who is a resident, of Virginia and who
re uires assistance with two or more activities of dailK 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 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 shag be the mentally or physically impoired person (iii) has no more than 300 gross
square feeL and ji complies with applicable provisions of the Industrialized Building Safety Law (,
36 -70 et sea.) and the Uni _arm Statewide Building Code (§ 36 -97 et seg.). Placina the temporary family
health care structure on a Permanent foundation shall not be required or permitted.
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES
Part 204 —Additional Regulations for Specific Uses
¢ 165- 204.27. Temporaryfamily health care structures.
Where allowed, temporary family health care structure, shall meet the following requirements:
A. A temporary amity health care structure shall be permitted for use by a caregiver in providing care
for a mentally or physically impaired person on property owned or occupied by the caregiver as his
residence as a permitted accessory use. Outside agencies or persons not residing on the propertt
may provide care for the mentally or physically impaired person residing in the structure
B. No temporary family health care structure shall be installed without first obtaining a permit The
permit holder shall provide the County with evidence of compliance on an annual basis as long as
the temporary _family health care structure remains on the property:
C. OnIV-one temporary family health care structure shall be placed on a lot or parcel of land. 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
Attachment 1
P . Any tern ma anvil health care structure shall connect to the water sewer and electric utilities
serving the primary residence on the property and shall comply with all applicable requirements of
the Virainia Department of Health;
E. No signaae advertising or otherwise promoting the existence of the temporary family health care
— structure shall be permitted either on the exterior_of the structure or elsewhere on the property;
f. Any temporary family health care structure shall be removed within 30 days in which the mentally
or phyAnally impaired person is no longer receiving or is no longer in need of the assistance
provided by the structure
G The Zoning Administrator may revoke the - perming ranted pursuant to subsection A above if the
permit holder violates any provision of this section or the Code of Virginia. Additionally, the local
governing body may seek injunctive relief or other appropriate octions or proceedings in the circuit
court of that locality to ensure compliance with this section. The Zoning Administrator is vested
with all necessary autharitV on behaiff of the governing body of the locality to ensure compliance
with this section.
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
§ 165- 401.02 Permitted uses.
Part 401 — RA Rural Areas District
Structures and land shall be used for one of the following uses:
DD. Temporaryfamily healthcare structure.
Part 402 — RP Residential Performance District
§ 165- 402.02 Permitted uses.
A. All uses shall be developed in accordance with an approved master development plan unless
otherwise waived under Article VIII of this chapter.
B. Structures and land shall be used for one of the following uses:
(15) Temporary family health care structure.
*By adding temporary family health care structure as a permitted use in the RP District it is also
automatically a permitted use in the R4 and R5 Districts