CHAPTER 390

FORMERLY

SENATE BILL NO. 329

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 9 AND TITLE 22 OF THE DELAWARE CODE RELATING TO ZONING REQUIREMENTS FOR FACILITIES FOR DEVELOPMENTALLY DISABLED PERSONS.

WHEREAS, it is the policy of this state that developmentally disabled persons are entitled to live in normal residential surroundings, and should not be excluded therefrom because of their disability; and

WHEREAS, in order to implement the policy of this state, it is necessary to establish a statewide policy that the use of property for the care and housing of ten or fewer developmentally disabled persons is a residential use of such property for the purposes of zoning.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Title 9, Chapter 26 by adding thereto a new section to read as follows:

"§2612. Zoning Regulations Relating to Residential Facilities For

Developmentally Disabled Persons.

(a) For purposes of all county zoning ordinances a residential facility licensed or approved by a state agency serving ten or fewer developmentally disabled persons on a 24 hour-per-day basis shall be construed to be a permitted single family residential use of such property.

(b) For purposes of this Section a developmentally disabled person is a person with a disability resulting in substantial functional limitations in a person's major life activities attributable to mental retardation, cerebral palsy, epilepsy, or autism, attributable to any other condition found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of mentally retared persons or requires treatment and services similar to those required for such persons, or attributable to a physical impairment.

(a) No residential facility serving ten or fewer developmentally disabled persons shall be established within a 5,000-foot radius of an existing, similar community residential facility in a residential area."

Section 2. Amend title 9, Chapter 49 by adding thereto a new section to read as follows:

"§4923. Zoning Regulations Relating to Residential Facilities For

Developmentally Disabled Persons.

(a) For purposes of all county zoning ordinances a residential facility licensed or approved by a state agency serving ten or fewer developmentally disabled persons on a 24 hour-per-day basis shall be construed to be a permitted single family residential use of such property.

(b) For purposes of this Section a developmentally disabled person is a person with a disability resulting in substantial functional limitations in a person's major life activities attributable to mental retardation, cerebral palsy, epilepsy, or autism, attributable to any other condition found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of mentally retarded persons or requires treatment and services similar to those required for such persons, or attributable to a physical impairment.

(c) No residential facility serving ten or fewer developmentally disabled persons shall be established within a 5,000-foot radius of an existing, similar community residential facility in a residential area."

Section 3. Amend title 9, Chapter 68 by adding thereto a new section to read as follows:

"S6819. Zoning Regulations Relating to Residential Facilities For

Developmentally Disabled Persons.

(a) For purposes of all county zoning ordinances a residential facility licensed or approved by a state agency serving ten or fewer developmentally disabled persons on a 24 hour-per-day basis shall be construed to be a permitted single family residential use of such property.

(b) For purposes of this Section a developmentally disabled person is a person with a disability resulting in substantial functional limitations in a person's major life activities attributable to mental retardation, cerebral palsy, epilepsy, or autism, attributable to any other condition found to be closely related to mental retardation because such condition results in similar Impairment of general intellectual functioning or adaptive behavior to that of mentally retarded persons or requires treatment and services similar to those required for such persons, or attributable to a physical impairment."

Section 4. Amend Title 22, Chapter 3 by adding thereto a new section to read as follows:

"§309. Zoning Regulations Relating to Residential Facilities For

Developmentally Disabled Persons.

(a) For purposes of all local zoning ordinances a residential facility licensed or approved by a state agency serving ten or fewer developmentally disabled persons on a 24 hour-per-day basis shall be construed to be a permitted single family residential use of such property.

(b) For purposes of this Section a developmentally disabled person is a person with a disability resulting in substantial functional limitations in a person's major life activities attributable to mental retardation, cerebral palsy, epilepsy, or autism, attributable to any other condition found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of mentally retarded persons or requires treatment and services similar to those required for such persons, or attributable to a physical Impairment.

(c) No residential facility serving ten or fewer developmentally disabled persons shall be established within a 5,000-foot radius of an existing, similar community residential facility in a residential area."

Approved July 11, 1980.