Chapter 16.20
SHELTER SITING
Sections:
16.20.020 Shelter siting proposal.
16.20.030 Shelter siting criteria.
16.20.010 Purpose.
On May 12, 2021, Governor Brown signed into state legislation HB 2006, a bill intended to respond to the current statewide housing crisis authorizing cities to site emergency shelters if certain conditions are met. The new law took effect immediately and requires local governments to approve an application for an emergency shelter regardless of state or local land use laws, if the application meets specific approval criteria outlined in the bill, as codified below. An “emergency shelter” provides “shelter on a temporary basis for individuals and families who lack permanent housing.” Any emergency shelter use or activity specifically authorized below may not be put to any other use without securing the necessary land use approval as required by state law and the Cornelius Municipal Code.
Compliance with this state law is not a land use decision and it removes state requirements for a mailed notice, public hearing, or solicitation of public comment on an application. Local governments are obligated to approve applications for shelters that meet the criteria below. Decisions under this law may not be appealed to the planning commission, city council or the Land Use Board of Appeals but may be appealed using the writ of review process provided under ORS 34.010 through 34.100. [Ord. 2024-03 § 1 (Exh. A), 2024.]
16.20.020 Shelter siting proposal.
(A) A shelter as used in this section means a building or cluster of buildings that provides shelter on a temporary basis for individuals and families that lack permanent housing. Shelter shall also include youth shelters, winter or warming shelters, day shelters and family violence shelter homes as defined in ORS 409.290.
(B) An applicant is limited to:
(1) A local government as defined in ORS 174.116;
(2) An organization with at least two years of experience operating an emergency shelter using best practices that is one of the following entities:
(a) A local housing authority as defined in ORS 456.375;
(b) A religious corporation as defined in ORS 65.001; or
(c) A public benefit corporation, as defined in ORS 65.001, whose charitable purpose includes the support of homeless individuals, that has been recognized as exempt from income tax under Section 501(a) of the Internal Revenue Code on or before January 1, 2008; or
(d) A nonprofit corporation partnering with any other entity listed above.
(C) The following services may be provided to clients at no cost, or a monthly fee of no more than $300.00 per month per client and only to clients who are financially able to pay the fee and who requested the services:
(1) Showering or bathing;
(2) Storage for personal property;
(3) Laundry facilities;
(4) Service of food prepared on site or off site;
(5) Recreation areas for children and pets;
(6) Case management services for housing, financial, vocational, educational or physical or behavioral health care services;
(7) Any other services incidental to shelter;
(8) May also provide additional services not described above to individuals who are transitioning from unsheltered homeless status. [Ord. 2024-03 § 1 (Exh. A), 2024.]
16.20.030 Shelter siting criteria.
(A) Shelter includes sleeping and restroom facilities for clients;
(B) Shelter will comply with the applicable building codes;
(C) Shelter is not located within an area designated under a statewide planning goal related to natural disasters and hazards, including flood plains or mapped environmental health hazards, unless the development complies with regulations directly related to the hazard;
(D) Has adequate transportation access to commercial and medical services;
(E) Will not pose any unreasonable risk to public health and safety. [Ord. 2024-03 § 1 (Exh. A), 2024.]