Three Person Rule

This rule, which limits the number of unrelated persons living in a home to three in most circumstances, should be re examined. While this makes sense for the majority of structures in the City, it does not allow for the reasonable exception. Such an exception would include a four bedroom house with a detached maid quarters, such as the house next door to my own. Allowing up to 4 unrelated persons to live in this home would not be unreasonable.

In fact, we already have an exception for two unrelated parents and their children. In addition, communications on reviewing this rule have been under discussion for some time.

I support continuing to study this issue. We could review Mrs. Murphy’s study results from 2005 and consider increasing the limit to four persons where logical. The criteria would likely be based on a combination of bedrooms (rooms with built in closets), total square footage and the presence of accessory buildings used for habitation. In addition, limiting off street parking privileges to two vehicles for each address should be sufficient and help to avoid overcrowded parking conditions. Increasing the number of potential boarders should not be allowed to adversely impact the neighborhood parking needs.

When we have neighborhood problems we must address the problems themselves, and insure that neighbors are able to live peaceably together, respecting each other’s rights of quiet and enjoyment of their respective properties. Codes are in place to protect us all and they should be enforced.

What is the Three person rule?

(a) A family is, exclusive of household servants:

(2) Two or more persons related by blood, adoption, marriage or guardianship, living and cooking together as a single housekeeping unit;

(3) A number of persons, not exceeding three, living and cooking together as a single housekeeping unit though not related by blood, adoption, marriage or guardianship; or

(4) Not more than two unrelated persons living and cooking together as a single housekeeping unit, along with one or more dependents related to either of them by blood, marriage, adoption or guardianship.

(b) For purposes of single-family residential occupancy, family shall be deemed to include group homes or other residential facilities licensed by the department of mental health, mental retardation and substance abuse services occupied by not more than eight mentally ill, mentally retarded or developmentally disabled persons together with one or more resident counselors or other staff persons. Mental illness and developmental disability do not include current illegal use of or addiction to a controlled substance as defined in Code of Virginia, § 15.1-3401.