Code Amendments - Emergency Facilities (HB 1220)

Project Overview:

In May 2021, House Bill (HB) 1220 was passed into law, which eliminates certain zoning barriers related to the provision of certain homelessness-related facilities including transitional housing, permanent supportive housing, emergency shelters, and emergency housing. Specifically, HB 1220 includes the following requirements:

  • Preempts local authority to prohibit transitional housing and permanent supportive housing in any zone in which residential dwelling units or hotels are allowed. This requirement went into effect on July 25, 2021. 
  • Preempts local authority to prohibit indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed, except in such cities that have adopted an ordinance authorizing indoor emergency shelters and indoor emergency housing in a majority of zones within one-mile proximity to transit. This requirement went into effect on September 30, 2021.
  • Adds definitions for “emergency housing”, “emergency shelter”, and “moderate-income household”.

In addition, two other legislative actions, SB 5235 and HB 1023 have prompted amendments to two other areas of code. These actions remove restrictions on the number of unrelated persons who may occupy a dwelling unit and increase the number of people who may reside in an adult family home from six to eight. 

In response to the above provisions, the City has reviewed our existing zoning regulations and has determined that code amendments are necessary to comply with these laws. It is anticipated that proposed code amendments will:

  1. Establish definitions for the housing types addressed in HB 1220;
  2. Modify definitions of “family” and “adult family home”;
  3. Establish use allowances for the specified housing types; and
  4. Review and establish reasonable occupancy, spacing, and intensity of use requirements.

The City Council adopted interim zoning changes on September 28 and readopted them on October 12 to comply with the law by the time it went into effect on September 30. From November 2021 through February 2022, the Planning Commission will develop draft code amendments that meet the provisions of HB 1220. It is anticipated they will hold a public hearing and provide a recommendation to be forwarded to City Council for their consideration in March 2022.

  1. Katie Baker, AICP

    Planning Manager

Upcoming Actions:

The Planning Commission will hold a work session on December 8, 2021 for initial review of draft zoning code amendments.

Project MilestoneProject Timeline
Planning Commission review
Now - February 2022
City Council considerationMarch 2022

If you have questions or would like to learn more about this project, please contact Katie Baker, AICP, Planning Manager, via email or (253) 435-3604.