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Ashley Moncado said yes, noting one must meet zoning requirements, as well as any
environmental health issues regarding water and septic.
Commissioner Dorosin asked if he could have clarification regarding the reference to the
building code.
Ashley Moncado said North Carolina State building code states only up to five unrelated
persons can live within a residential structure. She said when there are six or more unrelated
people, the structure is then considered a boarding or rooming house and this has different
building code standards.
Commissioner Dorosin said this could lead to some interesting dilemmas but he will
leave it for the State to work out. He asked if the County could increase the number to greater
than five in a residential setting.
Ashley Moncado said it would be named a rooming house in UDO and this is a use that
is already allowed for. She said the number cannot go above five unrelated persons but she
understands potential complications, such as a family with 15 related members.
Commissioner Dorosin said the question of how much a septic system can
accommodate is not really being considered but rather whether or not people are related.
Commissioner Rich said after 180 days the structure needs to come down or a different
impaired person needs to assume occupancy. She asked if there is any provision to prevent a
person from turning this temporary structure into a business.
Ashley Moncado said she reached out to the Department of Aging and there is no such
provision. She thought there may be a State law but there is not.
Commissioner Rich said one could set up a business offering this new accommodation
forever.
Ashley Moncado said the Planning Board discussed possible language that would
restrict the exchange of money.
Craig Benedict, Orange County Planning Director, said someone could rent a room out
within their home for this type of care. He said the question of ADA access comes into play
when the building moves to boarding house status and it is not easy to convert a house.
Commissioner Rich asked if the intention of the State is known.
Craig Benedict said the goal was to have a temporary freestanding structure that a
house may not be able to accommodate due to needed ramps or wide doorways. He said it
was an option for temporary independent units as opposed to the conversion of a house.
Commissioner Price clarified that the caregiver is the person that permanently resides in
main house.
Ashley Moncado said yes.
Commissioner Price asked if the homeowner was the one in need of the temporary
structure, could a caregiver live there as well.
Ashley Moncado yes, a temporary caregiver could live in both the permanent dwelling,
or in the temporary structure, alongside the person needing care.
A motion was made by Commissioner Jacobs, seconded by Commissioner Pelissier to
close the public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner Burroughs, seconded by Commissioner Dorosin
to adopt the proposed amendments by approving the Statement of Consistency and the
Ordinance.
VOTE: UNANIMOUS