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2010 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 15.2-2291 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-2291. Assisted living facilities and group homes of eight or fewer single-family residence.
A. Zoning ordinances for all purposes shall consider a residential facility in which no more than eight individuals with mental illness, mental retardation, or developmental disabilities reside, with one or more resident counselors or other staff persons, as residential occupancy by a single family. For the purposes of this subsection, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in § 54.1-3401. No conditions more restrictive than those imposed on residences occupied by persons related by blood, marriage, or adoption shall be imposed on such facility. For purposes of this subsection, "residential facility" means any group home or other residential facility for which the Department of Behavioral Health and Developmental Services is the licensing authority pursuant to this Code.
B. Zoning ordinances in the Counties of Arlington and York
for all purposes shall consider a residential facility in which no more than
eight aged, infirm or disabled persons reside, with one or more resident
counselors or other staff persons, as residential occupancy by a single family.
No conditions more restrictive than those imposed on residences occupied by
persons related by blood, marriage, or adoption shall be imposed on such
facility. For purposes of this subsection, "residential facility"
means any group home assisted living facility or residential
facility in which aged, infirm or disabled persons reside with one or more
resident counselors or other staff persons and for which the Department of
Social Services is the licensing authority pursuant to this Code.
C. Zoning ordinances in the Cities of Lynchburg and Suffolk
for all purposes shall consider a residential facility in which no more than
four aged, infirm or disabled persons reside, with one or more resident
counselors or other staff persons, as residential occupancy by a single family.
No conditions more restrictive than those imposed on residences occupied by
persons related by blood, marriage or adoption shall be imposed on such
facility. For purposes of this subsection, "residential facility"
means any group home or residential facility in which aged, infirm or disabled
persons reside with one or more resident counselors or other staff persons and
for which the Department of Social Services is the licensing authority pursuant
to this Code.