PLANNING AND INSPECTIONS DEPARTMENT
ZONING CASE REPORT
December 17, 2009
CASE NUMBER:
Z-08-02
REQUESTED ACTION:
To amend section 11.29 of the City of Eden
Zoning Ordinance to add a definition for
Shelter for the Homeless and Shelter,
Temporary
To amend section 11.28 to add (d) for
Shelter, Temporary.
APPLICANT:
Planning Board
EXISTING TEXT
SECTION 11.29
DEFINITIONS
SECTION 11.28
ENFORCEMENT
None
None
PROPOSED TEXT
SECTION 11.29
DEFINITIONS
SHELTER, TEMPORARY:
A facility providing, without charge, temporary sleeping accommodations, with or without
meals, for individuals and/or families displaced from their residence as a result of sudden natural
or man-made catastrophe including, but not limited to earthquake, fire, flood, tornado, hurricane,
or the release of hazardous or toxic substances(s) into the environment. Such a natural or manmade catastrophe must be designated by the responsible local, state or federal official or an
emergency agency such as the American Red Cross or the emergency Management Assistance.
Such temporary shelter may also be permitted for the housing of those made homeless due to
other circumstances and under the auspices of a non-profit agency.
SECTION 11.28 ENFORCEMENT
(d)
Shelters, Temporary
Temporary Shelters may be permitted on a lot in a residential or office and institutional district
provided that the following requirements are met:
(1)
Such shelters may only be operated by non-profit agencies.
(2)
They must comply with the definition of such shelters in Section 11.29 of this
ordinance.
(3)
The permit shall be for a maximum of 6 months of continuous operation. A new
permit is required once this time period has passed. No more than one application may
be approved in a 12 month period.
(4)
A shelter of this type must meet all land use and building code regulations of the
City of Eden and the State of North Carolina.
(5)
All operations of the shelter must be entirely contained within a building.
(6)
On site supervision and security shall be provided at all times the shelter is open.
A plan for security must be presented with the application for a permit.
STAFF ANALYSIS
The issues of poverty and homelessness are pervasive in our city, state and nation. Our land use
regulations have not addressed shelters as a use of land and thus they have only been permitted
as an accessory use to a church. There is a need for our regulations to provide for such uses but
just as importantly to put safeguards in place for the protection of the shelter inhabitants and the
public at large.
In 2008, the Planning Board approved an amendment that would have provided for a special use
permit process for permanent shelters and the information included in this report for temporary
shelters. We are asking that you give your endorsement again for the portion dealing with
temporary shelters only.
Based upon the foregoing information, staff recommends in favor of this amendment.
STAFF RECOMMENDATION:
Approval of text amendment.