Cities may not prohibit transitional housing or permanent supportive housing in any zones where residential dwelling units or hotels are allowed. Cities may not prohibit indoor emergency housing or shelters in any zones where hotels are allowed, except for cities that have adopted an ordinance authorizing indoor emergency housing and shelters in a majority of zones within a 1-mile proximity to transit.
Reasonable occupancy, spacing, and intensity of use requirements may be imposed by ordinance on permanent supportive housing, transitional housing, indoor emergency housing, and indoor emergency shelters for public health and safety purposes, but any requirements may not prevent the siting of such housing or shelters necessary to accommodate each city's need as identified in the housing element of its comprehensive plan.
Before denying or rescinding a permit application for transitional housing, permanent supportive housing, or indoor emergency shelters or housing, a city must submit any zoning ordinance and related development regulations addressing the reasonable occupancy, spacing, or intensity of use requirements to the Department of Commerce (Commerce) for review and approval.
If Commerce finds that the city ordinance, denial, or rescission prohibits the siting of transitional housing or permanent supportive housing, the city may not establish or enforce zoning ordinances for any zone in which residential dwelling units or hotels are allowed until the city ordinance is amended, and Commerce is authorized to develop all zoning regulations within those zones.
If Commerce finds that the city ordinance, denial, or rescission prohibits the siting of indoor emergency housing or indoor emergency shelters, the city may not establish or enforce zoning ordinances for any zone in which hotels are allowed until the city ordinance is amended, and Commerce is authorized to develop all zoning regulations within those zones.