2006 Code of Virginia § 15.2-2291 - Group homes of eight or fewer single-family residence

15.2-2291. Group homes of eight or fewer single-family residence.

A. Zoning ordinances for all purposes shall consider a residential facilityin which no more than eight mentally ill, mentally retarded, ordevelopmentally disabled persons reside, with one or more resident counselorsor other staff persons, as residential occupancy by a single family. For thepurposes of this subsection, mental illness and developmental disabilityshall not include current illegal use of or addiction to a controlledsubstance as defined in 54.1-3401. No conditions more restrictive thanthose imposed on residences occupied by persons related by blood, marriage,or adoption shall be imposed on such facility. For purposes of thissubsection, "residential facility" means any group home or otherresidential facility for which the Department of Mental Health, MentalRetardation and Substance Abuse Services is the licensing authority pursuantto this Code.

B. Zoning ordinances in counties having adopted the county manager plan ofgovernment and any county with a population between 55,800 and 57,000 for allpurposes shall consider a residential facility in which no more than eightaged, infirm or disabled persons reside, with one or more resident counselorsor other staff persons, as residential occupancy by a single family. Noconditions more restrictive than those imposed on residences occupied bypersons related by blood, marriage, or adoption shall be imposed on suchfacility. For purposes of this subsection, "residential facility" means anygroup home or residential facility in which aged, infirm or disabled personsreside with one or more resident counselors or other staff persons and forwhich the Department of Social Services is the licensing authority pursuantto this Code.

C. Zoning ordinances in any city with a population between 60,000 and 70,000for all purposes shall consider a residential facility in which no more thanfour aged, infirm or disabled persons reside, with one or more residentcounselors or other staff persons, as residential occupancy by a singlefamily. No conditions more restrictive than those imposed on residencesoccupied by persons related by blood, marriage or adoption shall be imposedon such facility. For purposes of this subsection, "residential facility"means any group home or residential facility in which aged, infirm ordisabled persons reside with one or more resident counselors or other staffpersons and for which the Department of Social Services is the licensingauthority pursuant to this Code.

(1990, c. 814, 15.1-486.3; 1993, c. 373; 1997, c. 587; 1998, c. 585.)