Emergency Housing Ordinance

The City Commission approved an Emergency Housing Ordinance at its December 6, 2021 meeting. The Ordinance allows for the development of temporary housing in the City of Kalamazoo and outlines the parameters required for its development. This Ordinance does not pick the locations where it may occur; but outlines how it can occur. Housing providers will be responsible for proposing locations, applying for permits, and hosting a public informational meeting prior to the development of this type of housing.

This Ordinance is set to expire in December 2023. The City is proposing an extension of five years plus one additional winter, putting the new expiration date as April 30, 2023. In addition to extending the Ordinance, City staff, in coordination with local housing partners, is proposing changes that include a phased implementation for large projects, an informational presentation to the City Commission on the proposed temporary housing facility, and additional information around how the inspections of the facility will occur.

View the proposed updates(PDF, 244KB) (updated September 27, 2023). 

The Emergency Housing Ordinance includes the following provisions:

Permits

Permits are required from the City of Kalamazoo to open an emergency housing facility. The Emergency Housing Facility Permit requires the housing provider to do the following:

  1. Submit a complete Application for Temporary Emergency Housing to Community Planning & Economic Development (CPED), including the following:
    • Facility Plan
    • Draft Memorandum of Understanding (MOU) with the City and property owner (if different than the housing provider or City).
    • Public Meeting Information
  2. Attend the review of the application at a Projects Meeting. Revisions to the application may be required before the review process is completed.
  3. Work with the City Attorney and City Manager’s office to review the MOU. Revisions to the MOU may be required before it is finalized.
  4. Host a public informational meeting, inviting the neighborhood association and adjacent neighbors, at a minimum to provide detailed information on the proposed housing and answer questions and concerns.

Memorandum of Understanding (MOU)

The Emergency Housing Facility Permit application includes an MOU between the housing provider, the City, and the property owner (if the property owner is a 3rd party). The MOU outlines how the housing will be developed, administered, managed, and enforced. The MOU is a binding agreement between the housing provider and the City. Failure to follow the provisions in the MOU could lead to termination of the permit and the emergency housing being provided. The MOU includes items such as the following:

  1. On-site social services and support systems
  2. Plan for management, operations, and community living guidelines, including:
    • Length of stay
    • Termination of occupancy policy
    • Warning and infraction policy
    • Alcohol and drug use policy
    • Guest policy
    • Bicycle and vehicle allowance and policy
    • Pet allowances, including type, number, pet registration, and/or veterinary care
    • Quiet hours
    • Security
    • Building and property maintenance between occupants and during long term stays
    • Maintenance of the site during inclement weather
  3. Anti-discrimination policy
  4. Acknowledgement of termination date for emergency housing
  5. Provision for periodic inspections by City Staff

Emergency Housing Development Standards

The emergency housing will be developed using the standards in the Ordinance, which includes such items as the following:

  1. Compliance with the City’s Code of Ordinances
  2. Housing, driveways, walkways, and parking areas must be on an improved surface.
  3. Setbacks between housing of 10’ and around the perimeter of the lot of 20’.
  4. Lockable doors and windows with a master key accessible to emergency services and service providers.
  5. Smoke detectors and fire extinguishers in each building
  6. Cooking limited to buildings with access to water, sewer, and electrical utilities
  7. Outdoor storage of personal items is not permitted
  8. Housing occupancy is based on the manufactures’ specifications

The above must be detailed in the Emergency Housing Facility Permit application along with the Facility Plan, which includes the following:

  1. Site layout (dimensioned)
    • housing with individual unit addresses
    • service structures with individual addresses
    • driveway access & parking, including vehicle & bike, staff and guest parking
    • landscaping, screening, & fencing
    • lot setbacks
    • existing buildings within twenty feet of the facility’s property
    • adjacent streets and transit facilities.
  2. Security plans, including on-site staff and physical site improvements
  3. Emergency service plan, including site map(s) and installation locations, master key access, and emergency access
  4. Table with number of shelter units, size of unit, occupancy, amenity structures, & fixture count
  5. Building systems approval report (or equivalent), floor plans, and/or manufactured specifications for shelters and amenity structures

Frequently Asked Questions

What does the emergency housing ordinance allow?

The Emergency Housing Ordinance allows for the development of temporary housing for the unhoused residents of Kalamazoo and outlines the parameters required for its development. This Ordinance does not pick the locations where it may occur; but outlines HOW it can occur. Housing providers are responsible for proposing locations, applying for permits, and hosting a public informational meeting prior to the development of this type of housing. 

This ordinance was initially passed in December 2021 and is set to expire in December 2023. The City is proposing updates to the Ordinance related to number of housing units or facilities permitted and the inspection process. The updated ordinance would also extend these rules until 2029.

What is temporary emergency housing?

A small, enclosed structure, other than a tent, vehicle, recreational vehicle, or camping trailer, for the occupancy of one or more persons that meets the provisions of § 9-356 Temporary emergency housing facilities and temporary emergency structures (LINK). It provides temporary living space that is capable of being dismantled or moved and is not permanently affixed to the ground or connected to the municipal water or sewer system through a connection other than a permitted temporary connection.

 

Who is a housing service provider and what role do they play?

A charitable organization whose primary objectives are aiding and assisting homeless persons. The housing service provider 1) applies to the City for approval to develop temporary emergency housing; 2) develops the emergency housing; and 3) manages the emergency housing facility.

Who can apply to develop an emergency housing facility?

A housing service provider may apply to develop an emergency housing facility.

Is there a fee for the emergency housing facility permit?

No, this permit does not have a fee. Depending on the project, additional applications and fees may apply.

How does a housing service provider apply to develop emergency housing?

Applications must include these documents:

  • Proposed Facility Plan & details
  • Proposed Memorandum of Understanding. This document will be reviewed and finalized with the City Attorney and City Manager’s Offices during the application review process.
  • Public information meeting information, including date, location, advertising materials, etc.

Completed applications can be returned to Community Planning & Economic Development, 251 N Rose Street Suite 100 or by email to development@kalamazoocity.org.

Complete applications will be reviewed at Project Meetings which are held on Wednesday mornings. Please contact development@kalamazoocity.org to schedule a meeting.

Applications cannot be approved without a finalized Memorandum of Understanding and a public informational meeting.

What community outreach will be done before temporary emergency housing is developed?

The housing service provider is required to hold a public meeting during the application process. This meeting must be advertised at least seven days in advance, with direct outreach to the neighborhood association and property owners and occupants within 300’ of the proposed facility.

How long can a temporary emergency housing facility be open?

The current ordinance is in effect until December 1, 2023. The City is proposing to extend the ordinance through April 30, 2029.

Is the City providing land for the development of emergency housing?

Emergency housing could be developed on land owned by the City or privately held land. Use of City land would require the housing service provider to work with the City and ultimately agree to a lease and memorandum of understanding detailing how the facility would be run and managed. All property managers and owners will need an MOU with the City to operate an Emergency Housing Facility. If a housing provider is interested in City property please contact: development@kalamazoocity.org.

 

How many housing units can be developed at a time or at a given location?

The existing ordinance does not give a specific maximum number of housing units permitted, noting that it will depend on the size and capacity of the property and the capacity of the housing provider to staff and manage the facility. These are both reviewed during the site review and permit process. The proposed update to this ordinance further notes that no more than 20 housing units or shelters may be initially developed. More units can be added to a site after two passed inspections of the facility and a period of 365 days.

If I am a commercial or civic/institutional property owner and have space on my approved lot, can I develop emergency temporary housing?

Emergency temporary housing can be developed when in partnership with a housing service provider and when requirements of the Ordinance can be met. This includes a memorandum of understanding, facility plan to show all development standards are being met, and a public information meeting. 

If I am a residential property owner and have space in my yard, can I develop emergency temporary housing?

Emergency temporary housing can be developed when in partnership with a housing service provider and when requirements of the Ordinance can be met. This includes a memorandum of understanding, facility plan to show all development standards are being met, and a public information meeting. The development standards for emergency temporary housing include placement on an improved surface, not grass or dirt, and setback requirements from the lot’s property lines.

Can I develop temporary housing under this ordinance for friends or family to temporarily live in, or to rent out?

This Ordinance allow emergency temporary housing with the intent of providing shelter to unhoused Kalamazoo residents. There are opportunities for the development of permanent housing to meet this intent. Many lots in the City allow for more than one unit on a lot, which can be rented or for extended families for check the zoning map (LINK to GIS service) and Appendix A here for information. Additionally, accessory dwelling units (ADUs) are permitted on all residentially zoned lots in Kalamazoo, for more information go to: LINK in Chapter 50-4.5. Please contact development@kalamazoocity.org to discuss adding to your home or considering an accessory dwelling unit on your property.