Emergency shelters developed under temporary authorization
(1)As used in this section, “emergency shelter” means a building or cluster of buildings that provides shelter on a temporary basis for individuals and families who lack permanent housing.
(2)A building or cluster of buildings used as an emergency shelter under an approval granted under section 11, chapter 12, Oregon Laws 2020 (first special session), or section 3, chapter 18, Oregon Laws 2021:
(a)May resume its use as an emergency shelter after an interruption or abandonment of that use for two years or less, notwithstanding ORS 215.130 (Application of ordinances and comprehensive plan) (7).
(b)May not be used for any purpose other than as an emergency shelter except upon application for a permit demonstrating that the construction of the building and its use could be approved under current land use laws and local land use regulations.
(3)An approval of an emergency shelter under section 11, chapter 12, Oregon Laws 2020 (first special session), or section 3, chapter 18, Oregon Laws 2021, is void unless the shelter is operating within two years following the approval. [2021 c.18 §2]
(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 (Conversion of historic homes to accessory dwelling units in rural residential zones);
(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 (“Local government” and “local service district” defined);
(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 (Definitions for ORS 456.375 to 456.390);
(B)A religious corporation as defined in ORS 65.001 (Definitions); or
(C)A public benefit corporation, as defined in ORS 65.001 (Definitions), 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, 2018; 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;
(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 (Definitions for ORS 409.290 to 409.300).
(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)The approval of an emergency shelter under this section is not a land use decision and is subject to review only under ORS 34.010 (Former writ of certiorari as writ of review) to 34.100 (Power of court on review). [2021 c.18 §3]
(2)The repeal of section 3 of this 2021 Act by subsection (1) of this section does not affect an application for the development of land for an emergency shelter that was completed and submitted before the date of the repeal. [2021 c.18 §4]
Section 197.782 — Emergency shelters developed under temporary authorization,