(A) Where permitted. All Residential Districts as a use with conditions.
(B) General requirements. Shall meet the requirement of § 154.233 as applicable to the district in which the use is located.
(C) Specific development requirements.
(1) Defined.
(a) FAMILY CARE HOME. A home with support and supervisory personnel that provides room and board, personal care, and habilitation services in a family environment for not more than six resident persons with disabilities. For similar state law provisions, refer to G.S. § 160D-907.
(b) PERSON WITH DISABILITIES. A person with a temporary or permanent physical, emotional, or mental disability, including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances, and orthopedic impairments but not including mentally ill persons who are dangerous to others as defined in G.S. § 122C-3(11)b. For similar state law provisions, refer to G.S. § 160D-907.
(2) 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. For similar state law provisions, refer to G.S. § 160D-907(b).
(3) Separation of uses. No group care facility may be located closer to another such facility than one-half mile measured by a straight line, and not street distances, in order to prevent the creation of a de facto social service district and to avoid affecting the surround neighborhood. “Affecting” means the point at which the number of group care facilities or residents therein might become so large that it may alter the character of a neighborhood. This division is also intended to protect existing group care facilities from the possibility that an over-concentration of such facilities might inadvertently create an institutional setting and hinder or negate the purposes of such facilities. For similar state law provisions, refer to G.S. § 160D-907(c).
(4) Charges and assessments. A family care home shall be deemed a residential use of property for the purposes of determining charges or assessments imposed by the Town for water, sewer, garbage and trash collection, repairs or improvements to roads, streets, and sidewalks, and other services, utilities, and improvements. For similar state law provisions, refer to G.S. § 160D-907(d).
(Ord. 23-241, passed 7-18-2023)