MEMORANDUM
TO:
Chapel Hill Planning Board
FROM:
J.B. Culpepper, Planning Director
Gene Poveromo, Development Manager
Phil Mason, Principal Planner
SUBJECT:
Initiation of Process: Homeless Shelter Standards - Planning Board
Recommendations to Council
DATE:
May 4, 2010
PURPOSE
Tonight, we are asking the Planning Board to receive a petition from the Council asking for a
recommendation for special standards or guidelines for homeless shelters.
BACKGROUND
On January 11, 2010, the Council enacted Land Use Management Ordinance Text Amendments
regarding the definition and permit requirements for shelters. An interest in development of
special standards or guidelines was discussed by Council members during the public hearing.
Section 3.7 of the Land Use Management Ordinance allows shelters in the following zoning
districts with approval of a Special Use Permit: Town Center 1-3, Community Commercial,
Neighborhood Commercial, and Office Institutional 1-4.
Following enactment of the text amendment, the Council referred a petition to staff and the
Planning Board to initiate a process for the Planning Board to recommend special standards or
guidelines for homeless shelters to the Council.
DISCUSSION
In order to help start the discussion, Town staff made an inquiry of the American Planning
Association (APA) regarding special development provisions associated with homeless shelters.
The APA provided a cross section of regulations from other communities and we have provided
some examples of those standards in the table below. Please see the APA response with
associated web links for additional information (Attachment 1).
Additionally, information was provided by the Interfaith Council from a NC Housing Finance
Agency application for the Supportive Housing Demonstration Program, a U.S. Department of
Housing and Urban Development (HUD) administered McKinney homeless assistance program
(Attachment 2). These standards are geared towards increasing the proximity of shelters to
services and access to community facilities and are included in the table below. Furthermore, we
2
have excerpted sample shelter zoning ordinances from various municipalities provided by Mark
Peters, a Chapel Hill resident, prior to the January 11, 2010 shelter text amendment (Attachment
3). These standards are geared towards the separation of shelters and decreasing proximity to
particular community facilities and are included in the table below as well.
Menu of Special Standards and Design Guidelines for Consideration
Standard / Guideline
Support Services
Additional
Information
Proximity to Support
Services Including
Medical Facilities
Example Organization
or Municipality
US Dept of Housing &
Urban Development
Employment Centers
Proximity to
Employment Centers
US Dept of Housing &
Urban Development
Parks and Recreation
Proximity to Parks and
Recreation
Miscellaneous
Schools
Proximity to Schools
Miscellaneous
Shopping Facilities
Day Care Facilities
Existing Shelters
Churches
Transit Access
Indoor Waiting Area
Outdoor Waiting Area
Communications Plan
Proximity to Shopping
Facilities and
Commercial Districts
Proximity to Day Care
Facilities
Proximity to Other
Shelters for the
Homeless
Proximity to Churches
Demonstrate
Reasonable Access by
Shelter Occupants and
Staff to Transit
Supervised Indoor
Waiting Area 1 Hour
Prior To Shelter
Opening
Any Outdoor Waiting
Area Shall Be Separate
From Public Right-OfWay
Plan that Describes
How Provider Will
Communicate with
Community
US Dept of Housing &
Urban Development
Miscellaneous
Range of Restrictions
or Requirements
Minimize Travel
Distance to Enhance
Access
Minimize Travel
Distance to Enhance
Access
Range: No restriction to
1,000-foot separation
Range: No restriction to
1,000-foot separation
Minimize Travel
Distance to Enhance
Access
Range: No restriction to
1,000-foot separation
Miscellaneous
Range: No restriction to
2 mile separation
None Identified
No Restrictions or
Minimum Requirements
Found to Date
Wilmington, DE
Minimize Travel
Distance to Enhance
Access
Lawrence, Kansas
NA
San Diego, CA
NA
San Diego, CA
NA
3
Additional
Information
Narrative Description,
Rules for Guests,
Communications Plan
Requirement for
with Adjacent
Management Plan
Neighbors, Response
Plan for Emergencies,
etc.
Plan to Minimize
Loitering Control Plan
Loitering
Min. Floor Area/Bed,
Use-Specific Standards
Min. Staff/Guest, Min.
Restrooms/Guest, etc.
Lighting, Parking,
Design Standards
Recreation Facilities,
etc.
Standard / Guideline
Example Organization
or Municipality
Range of Restrictions
or Requirements
Lawrence, Kansas
NA
San Diego, CA
NA
Lawrence, Kansas
NA
Lawrence, Kansas
NA
Prepared April 28, 2010 These special standards in the table above, or others, may be considered by the Planning Board
in regard to homeless shelters. Article 6 of the Land Use Management Ordinance pertains to
special regulations for particular uses having to do with time frames, proximity, and intensity
standards, among other things. The Planning Board may choose to recommend amending the
ordinance to expand this section of the ordinance to include homeless shelters, for example.
Alternative approaches could be considered as well. NEXT STEPS
After the Planning Board has an opportunity to consider the Council petition from the January
11, 2010 public hearing and the introductory materials included in this memorandum, we suggest
that the Board consider this process for developing a Planning Board recommendation:
1.
2.
3.
4.
Identify the desired intent of the potential standards
Provide the staff with guidance for the preparation of potential standards
Receive staff recommended language
Discuss the recommendation that the Planning Board wants to forward to the Council,
including recommended public process
5. Vote on a recommendation to be forwarded to the Council
RECOMMENDATIONS
We recommend that the Planning Board begin with development of a process to make
recommendations about shelter standards to the Council, in response to the Council’s January 11,
2010 petition.
4
ATTACHMENTS
1. American Planning Association Email: Development & Design Guideline Links.
2. Interfaith Council Documentation: NC Housing Finance Agency Application and HUD
Guideline Excerpts.
3. Excerpted Sample Ordinances Regarding Shelters Provided By Mark Peters.
file:///X:/Interfaith%20Council/Community%20House-Men%27s%20Shel...
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
David Morley [[email protected]]
Thursday, March 04, 2010 6:36 PM
Phil Mason
PAS Inquiry Response ‐‐ Homeless Shelter Design Guidelines
Follow up
Flagged
Philip:
Since the 1980s, many communities have gained an awareness of the nature and extent of
homelessness. The deinstitutionalization of mental patients, cutbacks in federal housing programs, and
periodic economic downturns mean that homeless shelters now serve a very different population than
they did just 30 years ago.
While homeless shelter design is a common project topic for architecture students, I have seen
relatively little research on shelter design and no examples of community design guidelines for
residential shelters. There have been a couple of recent books (cited below) that address the topic of
designing homeless shelters, but in practice, many shelters are adaptive reuses of existing structures.
Communities with specific zoning use standards for homeless shelters typically address some issues of
site design and basic facility requirements. Additionally, many communities have requirements that blur
the lines between development standards and operations standards that would more commonly be
addressed in state or local licensing provisions. The most common additional requirement for homeless
shelters seems to be mandatory spacing from residential uses or other similar facilities. By extension,
most communities do not permit shelters in residential districts.
Below, I’ve included a small selection of links to background reports and guides that seem related to the
task of designing homeless shelters. To supplement, I’ve also provided a larger section of references to
local codes with development standards for homeless shelters and multi-use facilities.
Background on Homeless Shelter Design
Corporation for Supportive Housing. 2004. Suggestions for Design Standards in Supportive Housing.
Available at http://documents.csh.org/documents/ke/toolkit-ending-homelessness/designstandards.pdf.
·
Many of these basic design principles would also apply to homeless shelters.
Davis, Sam. 2004. Designing for the Homeless: Architecture that Works. Berkeley, California:
University of California Press. Preview available at http://books.google.com/books?id=sZQJsdN58AoC&
dq=Designing+for+the+homeless&printsec=frontcover&source=bn&hl=en&
ei=5gqQS7rqC4O4NbrixaIL&sa=X&oi=book_result&ct=result&resnum=4&
ved=0CBYQ6AEwAw#v=onepage&q=&f=false.
·
This is one of the only comprehensive building design resource that I’m aware of for
homeless shelters.
Graham, John, et al. 2008. Homeless Shelter Design: Considerations for Shaping Shelters and the Public
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Realm. Calgary: Detselig Enterprises. Amazon listing available at http://www.amazon.com/HomelessShelter-Design-considerations-shelters/dp/1550593579.
This looks like another great comprehensive design resource.
·
Pable, Jill. 2005. “Design Responses to Homelessness.” Implications, 4(7): July. Available at
http://www.informedesign.umn.edu/_news/jul_v04r-p.pdf.
·
This newsletter from the University of Minnesota’s InformeDesign group gives a basic
overview of design considerations for homeless shelters based on staff and resident input as
well as programming considerations.
U.S. HUD. 1998. Fair Housing Design Manual. http://www.huduser.org/Publications/PDF/FAIRHOUSING
/fairfull.pdf.
Comprehensive universal design manual.
·
·
Primarily for permanent housing, but many of the principles would apply to residential
shelters.
U.S. DOJ. 2007. ADA Checklist for Emergency Shelters. Available at http://www.ada.gov/pcatoolkit
/chap7shelterchk.pdf.
·
Facility design guidebook for emergency shelters.
·
This is intended as a check list to make sure that schools and other designated emergency
shelter sites comply with ADA, but many of the principles could also be applied to homeless
shelters.
Development Standards for Multi-Use Homeless Facilities
Lawrence (Kansas), City of. 2008. Ordinance No. 8300: An Ordinance Pertaining to Homeless Facilities
and Services. Available at http://www.lawrenceks.org/web_based_agendas/2008/12-09-08/12-09-08h
/fai_ta-04-03-08_ordinance_8300.pdf.
Lawrence, Kansas, recently added extensively development standards for a wide variety of
·
homeless facilities and services, including homeless day centers.
·
Standards recognize different intensities of use with Type A and Type B shelters and day
centers.
·
Includes design standards and a management plan requirement.
San Diego (California), City of. 2010. Municipal Code. Chapter 14. Article 1. Division 4. Section
141.0412. Homeless Facilities. Available at http://docs.sandiego.gov/municode/MuniCodeChapter14
/Ch14Art01Division04.pdf.
·
Section beginning on page 13 of the PDF contains extensive standards for homeless facilities
including shelters, day centers, and congregate meal centers.
·
Provisions include hours of operation restrictions, space per bed requirements, and a
number of impact mitigation plans.
San Francisco (California), City of. 2010. Planning Code. Article 8. Mixed Use Districts. Section 803.5.
Good Neighbor Policies Governing Uses in Mixed Use Districts. Part (c) Good Neighbor Policies for
Programs Serving Indigent Transient and Homeless Populations Within the Eastern Neighborhoods
Mixed Use Districts and South of Market Mixed Use Districts. Available at http://www.municode.com
/Resources/gateway.asp?pid=14139&sid=5.
·
San Francisco has a number of basic operational requirements to mitigate potential negative
impacts of homeless facilities in mixed use neighborhoods.
St. Cloud (Minnesota), City of. 2009. Land Development Code. Article 14. Use Standards. Section 14.3.
Use Standards. Part J. Homeless Day Center. Article 21. Definitions. Available at
http://www.ci.stcloud.mn.us/Planning/LandDevCode.aspx.
·
“Homeless Day Center. Any facility whose primary purpose is to provide service to those
experiencing homelessness, such as day center, free meals or snacks, free clothing, personal
hygiene facilities, information and referral, counseling, mail and/or telephone services.
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·
·
Overnight shelter is prohibited.”
Includes a spacing requirement.
Requires a communication plan and an operations plan to minimize potential neighbor
conflicts.
Development Standards for Homeless Shelters
Fairfield (California), City of. 2009. Municipal Code. Chapter 25. Article I. Section 25.24. Subsection
25.24.4.3. Homeless Shelters in the IL Zoning District. Available at http://www.codepublishing.com
/ca/fairfield/.
·
Homeless shelters are permitted only as conditional uses in Fairfield’s light industrial
district.
·
Shelters subject to spacing requirements.
·
Shelters must be located in proximity to public transportation and social service facilities.
Kent (Ohio), City of. 2007. Codified Ordinances. Part 11. Chapter 1171. Conditionally Permitted Use
Regulations. Available at http://www.kentohio.org/pdf/2007REPLACEMENT-part%2011.pdf.
According to multifamily district standards on page 87, temporary shelters are subject to
·
conditional use provisions 11, 17, 36, and 39 (starting on page 196 of the PDF).
Melbourne (Florida), City of. 2009. City Code. Appendix B. Zoning. Article VI. Use Standards. Section 2.
Non-residential Uses. Part (Q). Shelter, homeless. Available at http://www.municode.com/Resources
/gateway.asp?pid=10710&sid=9.
·
Includes detailed operations and performance standards.
Minneapolis (Minnesota), City of. 2010. Code of Ordinances. Title 20. Chapter 537. Section 537.110.
Allowed Accessory Uses and Structures. Available at http://www.municode.com/Resources
/gateway.asp?pid=11490&sid=23.
·
Overnight shelters are permitted as accessory uses for religious institutions.
·
Must obtain a conditional use permit.
·
Requires a management plan to mitigate impacts.
Portland (Oregon), City of. 2009. Portland City Code. Title 33. Chapter 33.285. Short Term Housing and
Mass Shelters. Available at http://www.portlandonline.com/auditor/index.cfm?a=53328&c=28197.
·
Provisions for shelters include bed density limitations, maximum occupancy requirements,
and hours of operation limitations.
Santa Monica (California), City of. 2009. Municipal Code. Article 9. Chapter 9.04. Zoning. Subchapter
9.04.12. Performance Standards. Section 9.04.12.140. Shelter for the Homeless. Available at
http://www.qcode.us/codes/santamonica/.
Extensive development, performance, and operations standards for homeless shelters.
·
St. Cloud (Minnesota), City of. 2009. Land Development Code. Article 14. Use Standards. Section 14.3.
Use Standards. Part 4. Temporary Shelter Facility. Article 21. Definitions. Available at
http://www.ci.stcloud.mn.us/Planning/LandDevCode.aspx.
“Temporary Shelter Facility (TSF). Any facility, public or private, which, for gain or
·
otherwise, commonly known to regularly provide one (1) or more persons with a temporary
abiding place for an individual(s) for a maximum of forty-five (45) consecutive days, who are
lodged with or without meals, with or without compensation to the facility, in which no
provisions are made for cooking in any individual sleeping area(s), in contradistinction to a
hotel/motel or lodging house.”
·
Includes separate standards for shelters in residential/industrial districts and shelters in
commercial districts.
·
Includes spacing requirement.
Wilmington (Delaware), City of. 2009. City Code. Chapter 48. Article V. Division 2. Section 48-193. C-2
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Districts. Available at http://www.municode.com/Resources/gateway.asp?pid=11715&sid=8.
·
Subsection c(18) details standards for emergency shelters for the homeless.
I hope you find this material helpful! Thank you for using the PAS Inquiry Answer Service, and please
let us know if we can be of further assistance. Please return the read receipt attached to this
message, or otherwise acknowledge that you have received this Inquiry Response.
Regards,
David Morley, AICP
Research Associate
Planning Advisory Service Coordinator
Co-Editor, Zoning Practice
American Planning Association
122 S. Michigan Ave., Suite 1600
Chicago, IL 60603-6107
(312) 786-6392
(312) 431-9985 (fax)
[email protected]
Check out APA’s new FAQ page to find the answer: www.planning.org/customerservice
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http://www.hud.gov/offices/cpd/affordablehousing/lawsandregs/regs/finalrule.pdf
Title 24: Housing and Urban Development
PART 92—HOME INVESTMENT PARTNERSHIPS PROGRAM
Subpart E—Program Requirements
Site and neighborhood standards.
(a) General. A participating jurisdiction must administer its HOME program in a manner that
provides housing that is suitable from the standpoint of facilitating and furthering full
compliance with the applicable provisions of title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d—2000d–4), the Fair Housing Act (42 U.S.C. 3601 et seq., E.O. 11063 (3 CFR, 1959–1963
Comp., p. 652), and HUD regulations issued pursuant thereto; and promotes greater choice of
housing opportunities.
(b) New rental housing. In carrying out the site and neighborhood requirements with respect to
new construction of rental housing, a participating jurisdiction is responsible for making the
determination that proposed sites for new construction meet the requirements in 24 CFR
983.6(b).
[61 FR 48750, Sept. 16, 1996, as amended at 62 FR 28928, May 28, 1997]
http://edocket.access.gpo.gov/cfr_2002/aprqtr/pdf/24cfr983.6.pdf
TITLE 24--HOUSING AND URBAN DEVELOPMENT
CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING,
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PART 983--SECTION 8 PROJECT-BASED CERTIFICATE PROGRAM--Table of Contents
Subpart A--General Information
Sec. 983.6 Site and neighborhood standards.
…
(4) Be accessible to social, recreational, educational, commercial, and health facilities and
services, and other municipal facilities and services that are at least equivalent to those
typically found in neighborhoods consisting largely of unassisted, standard housing of similar
market rents.
(5) Be so located that travel time and cost via public transportation or private automobile from
the neighborhood to places of employment providing a range of jobs for lower-income workers
is not excessive.
http://www.justice.gov/crt/housing/final8_1.php
JOINT STATEMENT OF THE DEPARTMENT OF JUSTICE AND THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT
GROUP HOMES, LOCAL LAND USE, AND THE FAIR HOUSING ACT
…
The Fair Housing Act prohibits discrimination on the basis of handicap. "Handicap" has the
same legal meaning as the term "disability" which is used in other federal civil rights laws.
Persons with disabilities (handicaps) are individuals with mental or physical impairments which
substantially limit one or more major life activities. The term mental or physical impairment
may include conditions such as blindness, hearing impairment, mobility impairment, HIV
infection, mental retardation, alcoholism, drug addiction, chronic fatigue, learning disability,
head injury, and mental illness.
…
The Fair Housing Act affords no protections to individuals with or without disabilities who
present a direct threat to the persons or property of others. Determining whether someone
poses such a direct threat must be made on an individualized basis, however, and cannot be
based on general assumptions or speculation about the nature of a disability.
Can a local government consider the feelings of neighbors in making a decision about
granting a permit to a group home to locate in a residential neighborhood?
In the same way a local government would break the law if it rejected low-income housing in a
community because of neighbors' fears that such housing would be occupied by racial
minorities, a local government can violate the Fair Housing Act if it blocks a group home or
denies a requested reasonable accommodation in response to neighbors' stereotypical fears or
prejudices about persons with disabilities. This is so even if the individual government decisionmakers are not themselves personally prejudiced against persons with disabilities. If the
evidence shows that the decision-makers were responding to the wishes of their constituents,
and that the constituents were motivated in substantial part by discriminatory concerns, that
could be enough to prove a violation.
Of course, a city council or zoning board is not bound by everything that is said by every person
who speaks out at a public hearing. It is the record as a whole that will be determinative. If the
record shows that there were valid reasons for denying an application that were not related to
the disability of the prospective residents, the courts will give little weight to isolated
discriminatory statements. If, however, the purportedly legitimate reasons advanced to support
the action are not objectively valid, the courts are likely to treat them as pretextual, and to find
that there has been discrimination.
…
Q. When, if ever, can a local government limit the number of group homes that can locate in
a certain area?
A concern expressed by some local government officials and neighborhood residents is that
certain jurisdictions, governments, or particular neighborhoods within a jurisdiction, may come
to have more than their "fair share" of group homes. There are legal ways to address this
concern. The Fair Housing Act does not prohibit most governmental programs designed to
encourage people of a particular race to move to neighborhoods occupied predominantly by
people of another race. A local government that believes a particular area within its boundaries
has its "fair share" of group homes, could offer incentives to providers to locate future homes
in other neighborhoods.
However, some state and local governments have tried to address this concern by enacting
laws requiring that group homes be at a certain minimum distance from one another. The
Department of Justice and HUD take the position, and most courts that have addressed the
issue agree, that density restrictions are generally inconsistent with the Fair Housing Act. We
also believe, however, that if a neighborhood came to be composed largely of group homes,
that could adversely affect individuals with disabilities and would be inconsistent with the
objective of integrating persons with disabilities into the community. Especially in the licensing
and regulatory process, it is appropriate to be concerned about the setting for a group home. A
consideration of over-concentration could be considered in this context. This objective does
not, however, justify requiring separations which have the effect of foreclosing group homes
from locating in entire neighborhoods.
APPENDIX A – SAMPLE SHELTER ZONING ORDINANCES AND LAWS
Winston Salem, NC
http://library1.municode.com/default-test/DocView/14363/1/10/11#TOC.5.77
2-5.70.1 SHELTER FOR THE HOMELESS
(A) HEATED BUILDING SQUARE FOOTAGE A minimum of fifty (50) square feet of heated building space
shall be provided per resident.
(B) SPACING REQUIREMENT A new Shelter for the Homeless may not be located within a distance of two
thousand five hundred (2,500) feet from any other Shelter for the Homeless use, or from any use which,
though not classified as a Shelter for the Homeless under this Ordinance, would, if it were reclassified, be
classified as a Shelter for the Homeless. All measurements shall be made by drawing straight lines from
the nearest point of the lot line where the proposed Shelter for the Homeless is to be located to the
nearest point of the lot line of another Shelter for the Homeless. All Shelters for the Homeless, or facilities
that would be classified as a Shelter for the Homeless if it were reclassified today, existing as of the
effective date of this Ordinance shall be exempt from this two thousand five hundred (2,500) foot spacing
requirement for the purposes of expansion or intensification of the use. These existing Shelters for the
Homeless must comply with all of the provisions of Section B.2-5.70.1 and obtain a Special Use Permit
from the Elected Body for such expansion or intensification of the use.
(C) OPERATION
(1) The Shelter for the Homeless facility shall be contained within a building owned and/or operated by a
government agency or nonprofit organization.
(2) The Shelter for the Homeless facility operator(s) shall provide continuous, on-site supervision by an
employee and/or volunteer during all hours of operation.
(D) PROHIBITION ON RETAIL SALES No retail sales shall take place in the facility.
(E) MAXIMUM OCCUPANCY A Shelter for the Homeless may house no more than one hundred (100)
residents. In the event that housing is provided for more than fifty (50) residents, additional conditions
may be imposed to prevent adverse impacts on nearby properties and uses.
(UDO-163(W), § 3, 2-19-07; UDO-163(F), § 3, 4-10-07)
Iredell County, NC
http://www.co.iredell.nc.us/Departments/Planning/minutes/April2006pbminutes.pdf
SR 57. Homeless Shelter.
(D) No such facility shall be located within one-half (1/2) mile of an existing shelter for the
homeless or any other group care facility.
Fairfield, CA
http://www.codepublishing.com/ca/fairfield/html/Fairfield25/fairfield2524.html
25.24.4.3 Homeless Shelters in the IL Zoning District
The purpose of this section is to establish regulations for the location of homeless shelters in the
IL Zoning District. Objectives include minimizing land use conflicts and ensuring that there are
adequate services for homeless individuals within the vicinity of the shelter.
c. The parcel on which the facility is located may not be adjacent to a residential zone,
school, or park.
Sioux Falls, SD
http://www.amlegal.com/nxt/gateway.dll/South%20Dakota/siouxfalls_sd/partiirevisedordinances
/appendixbzoningordinance*?f=templates$fn=documentframe.htm$3.0$q=%5Brank%3A%5Bsum%3A%5Bstem%3Ashelter%5D%5D%5D$x=server#LPHit14
15.59.384.Temporary or emergency
Temporary or emergency
shelter
shelter
:
may be permitted provided it is found that:
6
(1)
The location is compatible with characteristics of surrounding uses, and not injurious to
surrounding properties, including residential neighborhoods.
(2)
The facility is being fully enclosed within a building, except for a designated outdoor
enclosed area.
(3)
The distance between the proposed use and any elementary or secondary school measured
from lot line to lot line is not less than 1,000 feet.
(4)
Submittal of a site plan in accordance with 15.59.040.
(5)
Submittal of a written management and security plan which outlines management and
security provisions, and includes a neighborhood issues management strategy.
(6)
A neighborhood meeting, which shall include, but is not limited to, a city staff
representative and a city council representative, shall be conducted prior to a city public hearing
which addresses site improvements, building design, and "good neighbor" components, and
addresses the means for dealing with any future problems as may arise, including crime
prevention, alcohol, and drug use policies, etc.
(7)
Additional neighborhood meetings shall be organized and held by the applicant to ensure
conditional use permit compliance. One neighborhood meeting shall be held within 90 days after
business operations begin, and another neighborhood meeting shall be held prior to the one-year
anniversary date of business operation.
Gilroy, CA has an entire document outlining requirements for a shelter CUP which Chapel Hill
should consider
http://www.ci.gilroy.ca.us/cityofgilroy_files/city_hall/community_development/planning/policy_h
andouts/homeless_shelter_guidelines.pdf
CUP Guidelines Relevant excerpts:
2. Homeless shelters serving Singles should be located a minimum of 1,000 feet from
schools, parks, day care centers, and adult businesses.
3. … It is preferable that homeless shelters are located a minimum of 2 miles from
other homeless shelters.
PURPOSE
The City of Gilroy, through its General Plan Housing Element and Community Development Block
Grant Action Plan, recognizes that there is a homeless population within Gilroy that requires
assistance through the provision of emergency food, job training, and emergency shelter. A variety of
agencies within Gilroy assist in the provision of food and job training to the homeless. However, few
agencies provide shelter to homeless individuals and families. These Homeless Shelter Guidelines set
forth criteria to allow homeless shelters to locate and operate in Gilroy, so that the needs of Gilroy's
homeless citizens can be addressed. These guidelines shall apply only to homeless shelter facilities
serving more than six clients, since facilities serving six or fewer clients are considered residential
uses. These guidelines shall not be applied in such a way that they prohibit or discourage homeless
shelters from being located in the City of Gilroy.
CONDITIONAL USE PERMIT REQUIRED
The operation of all homeless shelters within the City of Gilroy shall be contingent upon receiving
Planning Commission approval of a Conditional Use Permit (CUP). Each CUP shall be valid for a
determinate length of time, as specified in the CUP approval. Approval of the CUP shall be based upon
the shelter's compliance with the following guidelines:
Location Considerations
One of the most critical factors involved in developing a homeless shelter is ensuring that it is
properly located. It is therefore necessary to identify both desirable and undesirable locations for
homeless facilities. Qualities of desirable locations include:
- Closeness to public transportation
- Closeness to professional services, such as doctor's offices, barber shops, and legal offices
- Closeness to grocery stores
- Closeness to job development centers
- Closeness to providers of services often utilized by the homeless (i.e. medical clinics, food
banks)
Qualities of undesirable locations include:
- Nearness to residential areas
7
- In industrial areas
- Nearness to adult entertainment facilities
- Near areas with a high concentration of bars and/or liquor stores
Therefore, the following criteria shall be used to locate a homeless shelter:
1. Homeless shelters may be located in any zoning district.
2. Homeless shelters serving Singles should be located a minimum of 1,000 feet from schools, parks,
day care centers, and adult businesses.
3. Homeless shelters should be located a minimum of 600 feet from other homeless shelters. It is
preferable that homeless shelters are located a minimum of 2 miles from other homeless
shelters.
4. Homeless shelters should be located within 0.25 miles of a public transportation system.
5. Homeless shelters should be located near job development centers, medical clinics, and food
banks. Homeless Shelter Guidelines 2 Adopted March 6, 2000
Management of Shelters
All proposed homeless shelters shall be required to submit a management plan, which will be
reviewed through the Conditional Use Permit process. Shelter management plans shall address, but
not be limited to addressing, the following issues:
- Clearly defined forms of transportation to and from the shelter, including bus and pedestrian
routes
- Client supervision
- Food Service
- Client services
- Program for ensuring good relationships with properties surrounding the shelter
- Conflict resolution
- Crime prevention
- Control of loitering
- Control of littering
- Length of client stay
- Number of staff, and duties to be performed by staff
Number of Clients Served
Shelters shall be limited to a maximum of 140 beds.
Recreational Areas
Homeless shelters should provide for recreational areas outside of the shelter. If families are housed
in the shelter, a play area for children should be provided.
Required Parking
Required parking for shelters will be established based on the individual needs of each facility. As a
rule, shelters that include services for families will be required to provide more parking than shelters
that provide services exclusively to homeless individuals.
Exterior Lighting
Lighting of the property on which the homeless shelter is located should be designed to provide a
minimum maintained horizontal illumination of at least one foot candle of light on the parking
surfaces and walkways.
Hours of Operation
Homeless shelters shall remain open 24 hours a day. Homeless Shelter Guidelines 3 Adopted March 6,
2000
Separation of Clients
Homeless shelters shall provide for separation of families from individuals and special needs clients.
Provision of Services
Each homeless shelter shall provide the following services:
- Food service
- Job counseling
- Alcohol and drug addiction screening and counseling
- Domestic abuse counseling
- Health Care
- Mental Health Care
- Case Management
Alcohol and Drug Use Prohibited
All homeless shelters shall create a zero tolerance policy for alcohol and illicit drug use among its clients
and staff. The policy shall include a provision that shelter clients who are suspected to be under the
influence of illicit drugs and/or alcohol shall be subject to drug testing, as allowed by State and Federal
law. A copy of this policy shall be provided to the Planning Division for review and approval.
Homeless Georgia Sex Offenders Directed to Woods
8
The muddy camp on the outskirts of prosperous Cobb County is an unintended consequence of
Georgia law, which bans the state's 16,000 sex offenders from living, working or loitering within
1,000 feet of schools, churches, parks and other spots where children gather.
9