City amends the homeless shelter code regulations

Published on January 31, 2025

Updated Feb. 19, 2025: The Lenexa City Council approved the amendment to the Unified Development Code that governs homeless regulations at its meeting on Feb. 18, 2025.

The City of Lenexa is currently considering an amendment to the Unified Development Code (UDC) that governs homeless regulations in our community.

In 2021, the City amended its UDC to allow "Homeless Shelter" as an accessory use to properties classified as a "Church or Place of Worship." Under the code, churches or places of worship meeting specific building size, transportation and staffing requirements can operate homeless shelters with a maximum occupancy of 30 individuals from Nov. 1 through April 1 annually.

To date, the City has issued a certificate of occupancy for one homeless shelter: Project 1020, located at the Shawnee Mission Unitarian Universalist Church, 9400 Pflumm Rd. Last fall, Project 1020 formally requested that the City consider increasing the shelter’s maximum occupancy from 30 to 50 individuals. The requested code amendment would apply to any church or place of worship meeting the criteria outlined in the UDC.

During a recent City Council Committee of the Whole meeting, City staff shared that Project 1020 has, on occasion, exceeded its 30-person occupancy limit, raising concerns about life safety, public safety, neighborhood impacts and other issues. While the City has pursued enforcement of these violations, staff reported that the current enforcement mechanisms are cumbersome and often ineffective. 

In its request, Project 1020 highlighted the growing need for emergency shelter and its capacity, given its large facility, to serve more individuals. City staff acknowledge this need and have recommended approval of the proposed code amendment. Staff have proposed that any increase should be accompanied by clear, enforceable regulations to ensure the new limit is not exceeded. Staff also stressed that the shelter must remain an accessory use to the church or place of worship, rather than becoming the primary function of the property.

City staff have proposed the following code amendments, which will be considered by the Lenexa Planning Commission and City Council:

• Raise the occupancy limit for accessory homeless shelters from 30 to 50 for church or place of worship uses that meet the existing size and location restrictions set forth in the code. 
• Adjust staffing requirements to provide appropriate management during operational hours. 
• Establish occupancy violations as a civil penalty against the shelter operator and/or property owner with the ability to revoke occupancy for up to one year for multiple violations within a 12-month rolling period, and then for longer periods if violations continue after the first revocation.
• Provide an opportunity for an administrative hearing in Municipal Court if the violator wishes to appeal the staff’s decision to assess a fine or revoke the certificate of occupancy for the facility.

The proposal will be considered by the Planning Commission at its Feb. 3, 2025, meeting. If the Planning Commission recommends approval, the code amendment will be considered by the City Council at its Feb. 18, 2025 meeting.