Keith Mack
Homelessness is a pressing issue in many communities, and zoning laws play a critical role in addressing this crisis. Zoning regulations dictate whether homeless shelters can be established in specific areas, influencing the availability of shelter for those in need. While homeless shelters typically fall under public or residential zoning designations, the specific laws vary across locations, impacting the feasibility of building shelters. Understanding these zoning requirements is essential for the success of any project aimed at providing shelter for the homeless. This paragraph introduces the topic of zoning laws applicable to homeless shelters, highlighting the significance of these regulations in tackling homelessness and the variations that exist across different jurisdictions.
| Characteristics | Values |
|---|---|
| Zoning classification | P (Public) or R (Residential) |
| Land use | Public uses like government buildings, shelters, schools, etc. (P) or may be permitted in residential zones depending on local regulations (R) |
| Zoning variance | If the property is not zoned P or R, a zoning variance or re-zoning of the property may be required |
| Zoning regulations | May include regulations on the size of the shelter, its location on the property, parking spaces, etc. |
| Conditional-use permit | Required if the shelter is not in a residentially zoned area; involves a public hearing and a vote by local officials |
| Moratoria or interim zoning controls | May be adopted by cities to accommodate transitional housing, emergency shelters, and similar facilities |
| Indoor emergency shelters and housing | Cities cannot prohibit these in any zones where hotels are allowed, except in cities with an ordinance authorizing them in a majority of zones within a one-mile proximity to transit |
| Occupancy, spacing, and intensity of use | Reasonable requirements may be imposed by ordinance to protect public health and safety |
What You'll Learn
- Homeless shelters are usually designated as P (Public) or R (Residential)
- Zoning laws vary across locations
- Shelters on private property are safe and clean, but often prevented by zoning laws
- A conditional-use permit is often required for homeless shelters
- Zoning laws can prevent the building of single-family homes and tiny homes
Homeless shelters are usually designated as P (Public) or R (Residential)
P (Public) zoning indicates that the land is intended for public uses, such as government buildings, shelters, and schools. On the other hand, R (Residential) zoning means that the land may be used for residential purposes, including homeless shelters, depending on local regulations. It's important to note that zoning regulations can vary significantly from one location to another, so it's crucial to consult local zoning laws.
If a lot is zoned as P or R, establishing a homeless shelter is typically permitted. However, specific regulations may need to be followed regarding the shelter's size, location on the property, parking spaces, and other factors. Non-compliance with these regulations can lead to challenges in constructing the shelter.
In some cases, homeless shelters may not be located in residentially zoned areas, requiring a "conditional-use permit" to operate legally. This permit often involves a public hearing and a vote by local officials, giving them veto power over the use of private property for homeless shelters. Unfortunately, this process has led to shelters being denied for arbitrary reasons, such as a lack of "aesthetics" or "harmony" with neighbouring properties.
To avoid legal issues, it is advisable to consult with the local zoning department or a land use attorney before starting a homeless shelter project. They can provide valuable insights into zoning classifications and potential challenges. Additionally, understanding and adhering to zoning laws is crucial for the success of the shelter and ensuring orderly development within a community.
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Zoning laws vary across locations
In some locations, such as Salt Lake City, homeless shelters are listed as a conditional use in CG (General Commercial), D-2 (Downtown Support), and D-3 (Downtown Warehouse/Residential District) zoning districts. These are the only places where homeless shelters are permitted. In other locations, such as the State of Washington, cities are encouraged to take active steps to accommodate transitional housing, emergency shelters, and similar facilities through local planning and changes to local development regulations.
In some cases, zoning laws can be a significant obstacle to creating affordable homes and shelters. For example, cities may impose "minimum floor areas", preventing the building of smaller, more affordable homes. Additionally, as shelters are often not in residentially zoned areas, they usually require a "conditional-use permit" to operate, which can be difficult to obtain as it requires a public hearing and a vote by local officials. This process can give zoning boards veto power over private property, and they may deny permits for irrational reasons, such as a perceived lack of "aesthetics" or "harmony" with neighbouring properties.
Due to the variation in zoning laws across locations, it is important to consult with the local zoning department or a land-use attorney before embarking on any building project. They can provide valuable information about zoning classifications and any potential challenges that may be faced.
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Shelters on private property are safe and clean, but often prevented by zoning laws
Homelessness is a pressing issue that communities across the United States are facing. Shelters on private property are a safe and clean option for those experiencing homelessness, and offering shelter to the most vulnerable members of society is a traditional use of private property. However, zoning laws often stand in the way of providing these shelters.
Zoning laws are some of the biggest obstacles to creating affordable homes and can even be the difference between having a home and becoming homeless. They regulate the minutest details of our lives, and their rigid requirements often make it difficult or impossible for people of modest means to live in modest homes. For example, "minimum floor area" requirements imposed by many cities ban the building of single-family homes unless they exceed an arbitrary size. These requirements also prevent the construction of "tiny homes," a cost-effective and quick way to provide shelter for those experiencing homelessness.
Since homeless shelters are usually not in residentially zoned areas, they typically require a "conditional-use permit" to comply with the law. This permit grants the authority to use the land in a particular way but requires a public hearing and a vote by local officials, effectively giving city councils, planning commissions, and zoning boards veto power over private property. Shelters have been denied these permits for irrational reasons, such as a perceived lack of "aesthetics" or "harmony" with neighbouring properties.
To address homelessness and the lack of affordable housing, changes to zoning codes and local development regulations are necessary. For example, in the State of Washington, E2SHB 1220 was signed into law to encourage cities to take active steps to accommodate transitional housing, emergency shelters, and similar facilities. This bill includes new requirements related to housing element updates, the adoption of moratoria or interim zoning controls, and zoning and development regulations regarding indoor shelters and housing for the homeless or those at risk.
It is important to note that offering shelter on private property is a time-honored tradition and a safe and clean option for those in need. However, the abuse of zoning laws by cities and towns across the country prevents private charities from providing this much-needed support. Changes to zoning codes and increased flexibility in accommodating the necessary number of shelters are crucial steps towards addressing homelessness and providing safe and clean options for those experiencing it.
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A conditional-use permit is often required for homeless shelters
Homelessness is a pressing issue in many communities, and zoning laws play a significant role in addressing this crisis. Shelters are often not located in residentially zoned areas, and as a result, typically require a "conditional-use permit" to operate legally. This permit grants the authority to use land for a specific purpose, but it comes with certain conditions and requirements that must be met.
The process of obtaining a conditional-use permit for a homeless shelter can be complex and stringent. It usually necessitates a public hearing, where nearby residents are given the opportunity to express their opinions on the proposal, followed by a vote by local officials to approve or deny the permit. This procedure effectively grants city councils, planning commissions, and zoning boards the power to veto the establishment of homeless shelters on private property. Unfortunately, this authority has been abused, with shelters being denied permits for arbitrary and unjustifiable reasons, such as a supposed lack of "aesthetics" or "harmony" with the neighbouring properties.
The requirement for a conditional-use permit can pose significant challenges and delays in establishing homeless shelters, which are often urgently needed in communities. It gives considerable discretion to local authorities and neighbours, who may oppose the establishment of shelters due to NIMBYism (Not In My Backyard) or negative perceptions of homelessness. This can hinder the ability of private charities and non-profit organisations to provide much-needed shelter to vulnerable individuals.
To address these concerns, some jurisdictions have implemented measures to streamline the process and reduce barriers. For example, the Shelter to Housing Continuum (S2HC) project in Portland proposed amendments to city codes to make it easier to site homeless shelters in various zones. The project also added a new community service use category called "outdoor shelter," allowing public agencies and community-based non-profits to open more shelters without requiring individual code exemptions from the city council.
In Washington State, the E2SHB 1220 bill was signed into law to encourage cities to take active steps to accommodate transitional housing, emergency shelters, and similar facilities through changes to local planning and development regulations. This bill includes requirements for zoning and development regulations regarding indoor shelters and housing for the homeless, with tight deadlines for compliance.
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Zoning laws can prevent the building of single-family homes and tiny homes
Zoning laws can indeed prevent the building of single-family homes. Single-family zoning (R1) prevents any type of housing in a given area except for a detached single-family home. This type of zoning is common in the suburbs, but it also impacts central city development. In San Francisco, 38% of residential land is zoned as R1, while in Seattle, it's 80%.
The pervasiveness of single-family zoning has been criticised for its destructive social impacts, including environmental damage, worsening affordability, and undermining inclusion. In response, some places like Minneapolis, Oregon, and California have passed laws loosening single-family regulations.
Zoning laws can also prevent the building of tiny homes. Tiny homes are often treated ambiguously, falling somewhere between camper vans, mobile homes, and traditional single-family residences. This ambiguity makes it challenging to understand what's legal and what's not when it comes to building and living in a tiny home.
Building codes and zoning regulations vary by state and even by county or city, so it's essential to check local ordinances before building a tiny home. Some places may require tiny homes to be on permanent foundations, have minimum square footage requirements, or only allow them in certain zones.
In conclusion, zoning laws can be a significant obstacle to building single-family homes and tiny homes, but there are efforts in some places to reform these laws and make housing more accessible and affordable.
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Frequently asked questions
A homeless shelter typically falls under the P (Public) or R (Residential) zoning designation.
You may need to apply for a zoning variance or attempt rezoning of the property, which can be challenging and time-consuming.
Regulations may pertain to aspects such as the size of the homeless shelter, its location on the property, and parking spaces, among others.
A conditional-use permit grants authority to use land in a particular way but typically requires a public hearing and a vote by local officials. Shelters in non-residentially zoned areas often need this permit to comply with the law.
In Salt Lake City, permanent homeless resource centers and homeless shelters are listed as a conditional use in the CG, D-2, and D-3 zoning districts, and these are the only zones where they are allowed. In the State of Washington, E2SHB 1220 encourages cities to accommodate transitional housing, emergency shelters, and similar facilities through local planning and changes to local development regulations.
