(a) For purposes of all county zoning ordinances a residential facility licensed or approved by a state agency serving 10 or fewer persons with disabilities on a 24-hour-per-day basis shall be construed to be a permitted single family residential use of such property.
(b) For the purposes of this section, the term “persons with disabilities” includes any persons with a handicap or disability as those terms are defined in the Delaware Fair Housing Act (Chapter 46 of Title 6).
Structure Delaware Code
Subchapter I. General Provisions
§ 4901. Power of county government; area subject to regulation.
§ 4902. Zoning plan and regulations.
§ 4903. Purposes of regulations.
§ 4904. Kent County Zoning Commission; consolidation with Regional Planning Commission.
§ 4905. Assistance from and cooperation with other agencies.
§ 4906. Personnel and office facilities of Zoning Commission.
§ 4907. Tentative zoning plan; preparation of by Commission.
§ 4908. Public hearing and notice.
§ 4909. Commission's powers in conduct of public hearing.
§ 4911. Changes in zoning district; plan or regulations; procedure.
§ 4912. Zoning coordination and integration.
§ 4914. Board of Adjustment — Office and personnel.
§ 4915. Board of Adjustment — Rules governing organization, procedure and jurisdiction.
§ 4916. Appeals to the Board of Adjustment — Procedure.
§ 4917. Appeals to the Board of Adjustment — Powers.
§ 4918. Court review of decision of Board of Adjustment; proceedings.
§ 4919. Enforcement; remedies.
§ 4920. Nonconforming uses of land or buildings.
§ 4922. Conflict between zoning regulations and other laws.
§ 4923. Residential facilities for persons with disabilities.
§ 4924. Notice to local school districts of residential zoning changes.