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Next local zoning battle could be over drug-treatment facilities

Proposal going before Arlington County Board would loosen existing restrictions on recovery centers
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How many is too many when it comes to those living in substance-recovery centers located among Arlington’s residential neighborhoods?

Arlington County Board members on Sept. 14 are slated to consider and, possibly, approve zoning changes that would create a “recovery residence” zoning use in residential neighborhoods and allow it, by right, for eight or fewer residents.

That would double the current allowable number.

Under past interpretation of existing Arlington zoning provisions, such facilities are limited to four or fewer unrelated persons in a single-family home, the same as for general households. Under current zoning, however, that figure rises to eight in Arlington for homes used as group residences for those with mental illness, intellectual/developmental disabilities or (with certification from the Virginia Department of Social Services) aged/infirm/disabled persons.

Six recovery residences operate in Arlington under the current limitations, according to county officials. Staff, which is pressing County Board members to make the zoning changes, suggests they represent a reasonable request under the federal Fair Housing Act. That law was amended in 1988 to describe those in drug/alcohol recovery as “handicapped” and entitled to certain considerations.

Zoning policies across Northern Virginia are all over the board in policies related to the issue. Prince William County, like Arlington, limits housing to four unrelated people. Fairfax County also imposes that limit, but allows up to 10 upon approval of a special-use permit, while Loudoun County allows for five or more people to live in congregate housing with a special-exception ruling from the Board of Supervisors.

Falls Church’s rules allow up to eight unrelated individuals to occupy a home on a by-right basis, while Alexandria earlier this year changed its zoning to eliminate all restrictions on the number of non-related residents occupying a dwelling.