ORS Chapter 197 — Comprehensive Land Use

ORS 197.783. Local approval of emergency shelters; process; limitations. (1) A local government shall approve an application for the development or use of land for an emergency shelter, as defined in ORS 197.782, on any property, notwithstanding this chapter or ORS chapter 195, 197A, 215 or 227 or any statewide land use planning goal, rule of the Land Conservation and Development Commission or local land use regulation, zoning ordinance, regional framework plan, functional plan or comprehensive plan, if the emergency shelter: (a) Includes sleeping and restroom facilities for clients; (b) Will comply with applicable building codes; (c) Is located inside an urban growth boundary or in an area zoned for rural residential use as defined in ORS 215.501; (d) Will not result in the development of a new building that is sited within an area designated under a statewide planning goal relating to natural disasters and hazards, including flood plains or mapped environmental health hazards, unless the development complies with regulations directly related to the hazard; (e) Has adequate transportation access to commercial and medical services; and (f) Will not pose any unreasonable risk to public health or safety. (2) An emergency shelter allowed under this section must be operated by: (a) A local government as defined in ORS 174.116; (b) An organization with at least two years experience operating an emergency shelter using best practices that is: (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 for at least three years before the date of the application for a shelter; or (c) A nonprofit corporation partnering with any other entity described in this subsection. (3) An emergency shelter approved under this section: (a) May provide on-site for its clients and at no cost to the clients: (A) Showering or bathing; (B) Storage for personal property; (C) Laundry facilities; (D) Service of food prepared on-site or off-site; (E) Recreation areas for children and pets; (F) Case management services for housing, financial, vocational, educational or physical or behavioral health care services; or (G) Any other services incidental to shelter. (b) May include youth shelters, winter or warming shelters, day shelters and family violence shelter homes as defined in ORS 409.290. (4) An emergency shelter approved under this section may also provide additional services not described in subsection (3) of this section to individuals who are transitioning from unsheltered homeless status. An organization providing services under this subsection may charge a fee of no more than $300 per month per client and only to clients who are financially able to pay the fee and who request the services. (5)(a) The approval or denial of an emergency shelter under this section may be made without a hearing. Whether or not a hearing is held, the approval or denial is not a land use decision and is subject to review only under ORS 34.010 to 34.100. (b) A reviewing court shall award attorney fees to: (A) A local government, and any intervening applicant, that prevails on the appeal of a local governments approval; and (B) An applicant that prevails on an appeal of a local governments denial. (6) An application for an emergency shelter is not subject to approval under this section if, at the time of filing, the most recently completed point-in-time count, as reported to the United States Department of Housing and Urban Development under 24 C.F.R. part 578, indicated that the total sheltered and unsheltered homeless population was less than 0.18 percent of the state population, based on the latest estimate from the Portland State University Population Research Center.