HomeMy WebLinkAboutNew Interim Ordinance Temp Housing Facilities (004) BB DCD & PAO
Exhibit B
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COUNTY OF JEFFERSON
STATE OF WASHINGTON
An Interim Ordinance Repealing and Replacing }
Interim Ordinance 10-1221-20 on Its Date of }
Expiration, December 20, 2021, and Adopting }
Ordinance XXXXXXX Interim Zoning } ORDINANCE NO. __________
Regulations for the Siting, Establishment, and }
Operation of Temporary Homeless Facilities }
in Unincorporated Areas of Jefferson County }
WHEREAS, homelessness continues to be a local, regional and national challenge due to many
social and economic factors; and
WHEREAS, tent and tiny house encampments have become a temporary mechanism for
providing shelter for homeless individuals and families; and
WHEREAS, under RCW 36.01.290 the Washington State Legislature has authorized religious
organizations to host temporary encampments to pro vide shelter for homeless individuals on property
that these religious organizations own or control; and
WHEREAS, the Jefferson County Code does not currently have permanent provisions
addressing the establishment and operation of temporary homeless facil ities; and
WHEREAS, the Washington State Department of Health has confirmed localized person- to -
person spread of COVID-19 in Washington State, significantly increasing the risk of exposure and
infection to the general public, and creating an extreme publ ic health risk that may spread quickly; and
WHEREAS, the Jefferson County Public Health Department has confirmed localized person -
to-person spread of COVID-19 in Jefferson County-and this localized person-to-person spread of
COVID-19 in Jefferson County is increasing; and
WHEREAS, based on the COVID-19 threat profile, providing shelter to the homeless
population would help to prevent the spread of COVID -19; and
WHEREAS, because of the COVID-19 emergency adoption of interim temporary homeless
facilities regulations and processing requirements to preserve and protect public health and safety and
prevent danger to public or private property would help to prevent the spread of COVID -19; and
WHEREAS, interim zoning controls enacted under RCW 36.70A.390 or RCW 36.70.790 are
methods by which the County may preserve the status quo so that new plans and regulations will not
be rendered moot by intervening development; and
WHEREAS, RCW 36.70A.390 and RCW 36.70.790 both authorize the enactment of an
interim zoning m ap, interim zoning ordinance, or interim official control without holding a public
hearing as long as a public hearing is held within at least sixty days of enactment; and
WHEREAS, RCW 36.70A.390 provides that, "A county or city governing body that adopts a
moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding
Exhibit B
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a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or
interim official control, shall hold a public hearing on the adopted moratorium, interim zoning map,
interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether
or not the governing body received a recommendation on the matter from the planning commission or
department. If the governing body does not adopt findings of fact justifying its action before this
hearing, then the governing body shall do so immediately after this public hearing. A moratorium,
interim zoning map, interim zoning ordinance, or interim official control adopted under this section
may be effective for not longer than six months, but may be effective for up to one year if a work plan
is developed for related studies providing for such a longer period. A moratorium, interim zoning map,
interim zoning ordinance, or interim official control may be renewed for one or more six -month
periods if a subsequent public hearing is held and findings of fact are made prior to each renewal;"
and
WHEREAS, in conformity with the responsibilities of Jefferson County to meet public health,
safety and welfare requirements and provide zoning and land use regulations pursuant to state law, and
the County's authority to regulate land use activity within its corporate limits, the County intends to
develop appropriate public health, safety and welfare requirements and zoning and land use regulations
for the establishment and operation of temporary homeless facilities; and
WHEREAS, the County Board of Commissioners has determined it needs additional time to
conduct appropriate research to analyze the effects of the establishment and operation of temporary
homeless facilities; and
WHEREAS, interim zoning will provide the County with additional time to review and amend
its public health, safety and welfare requirements and zoning and land use regulations related to the
establishment and operation of temporary homeless facilities; and
WHEREAS, interim zoning will also allow qualifying religious organizations and registered
not-for-profit, tax exempt 501(c)(3) organizations t he opportunity to establish and operate temporary
homeless facilities; and
WHEREAS, the County Board of Commissioners concludes that the County does have the
authority to establish an interim zoning ordinance and that the County must adopt interim zoning
concerning the establishment and operation of temporary homeless facilities to act as a stop -gap
measure: (1) to provide the County with an opportunity to study the issues concerning the
establishment and operation of temporary homeless facilities and prep are appropriate revisions to the
County's codes and regulations; (2) to protect the health, safety, and welfare of the citizens of Jefferson
County by avoiding and ameliorating negative impacts and unintended consequences of establishing
and operating temporary homeless facilities and, (3) to avoid applicants possibly establishing vested
rights contrary to and inconsistent with any revisions the County may make to its rules and regulations
as a result of the County's study of this matter; and
WHEREAS, on November 1, 2021, the Department of Community Development updated the
County Board of Commissioners on the progr ess of the work plan outlined in Section 13 of Interim
Ordinance No. 10-1221-20, and the Board considered the benefits of extending public participation
while formulating a final ordinance ; and
WHEREA S, the County Board of Commissioners directed the Department of Community
Development to extend the interim control for an additional six months after Ordinance No. 10 -1221-
20 expires on December 20, 2021, in order to extend the Work Plan to June 20, 2022, by enacting a
subsequent interim ordinance; and
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WHEREAS, the County Board of Commissioners adopts the foregoing as its findings of facts
justifying the adoption of this Ordinanc e; and
NOW, THEREFORE, BE IT ORDAINED by the Jefferson County Board of
Commissioners that:
Section 1. Findings of Fact. The County Board of Commissioners adopts the above "WHEREAS"
recitals as findings of fact in support of its action as required by RCW 36.70A.390 and RCW
36.70.790.
Section 2. Regulations established. Regulations concerning the establishment and processing of
applications for temporary homeless facilities in unincorporated Jefferson County are hereby
established pursuant to RCW 36.70A.390, RCW 36.70.790, and RCW 38.52.070(2). Establishing
such facilities contrary to the provisions of this ordinance is prohibited. Type II Administrative
Use approvals shall be required in accordance with Jefferson County Code (JCC) 18.40.270 for
temporary homeless facilities in the County. Applications for administrative use approvals, land
use approvals, or any other permit or approval, in any way associated with temporary homeless
facilities, shall not be processed, issued, granted, or approved unless in compliance with this
ordinance. If a temporary homeless facility is established in violation of this ordinance or if, after
an administrative use permit is issued for the same, the director of the planning and development
services department determines that the permit holder has violated this ordinance or any condition of
the permit, the temporary homeless facility, its sponsor and managing agency shall be subject to
code enforcement and all activities associated with the temporary homeless facility shall cease, and
the site shall be vacated and restored to its pre-encampment conditions.
Section 3. Definitions. The following definitions apply to temporary homeless facilities:
(a) "Temporary homeless facility" means a facility providing temporary housing accommodations that
includes a sponsor and managing agency, the primary purpose of which is to provide temporary
shelter for people experiencing homelessness in general or for specific populations of the homeless.
Temporary homeless facilities incl ude temporary tent encampments and temporary tiny house
encampments.
(b) "Temporary tent encampment" means a short-term living facility for a group of homeless
people that is composed of tents or other temporary structures, as approved by the director, on a
site provided or arranged for by a sponsor with services provided by a sponsor and supervised by
a managing agency.
(c) "Temporary tiny house encampment" means a temporary homeless facility for a group of
people living in purpose-built tiny houses for people experiencing homelessness, as approved by
the director, on a site provided or arranged for by a sponsor with services provided by a sponsor
and supervised by a managing agency. Temporary tiny houses for the homeless are typically less
than 200 square feet and easily constructed and moved to various locations. For the purposes of
this ordinance, temporary tiny homes are not dwelling units and, as such, are not required to meet
building codes.
(d) "Managing agency" means an organization identified as the manager of a temporary homeless
facility that has the capacity to organize and manage a temporary homeless facility. Managing
agencies are limited to religious organizations and non-profit agencies. A "managing agency" may be the same
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entity as the sponsor.
(e) "Sponsor" means an organization that:
(i) invites a temporary homeless facility to reside on land they own or lease; and
(ii) is a State of Washington registered not-for-profit corporation and federally recognized tax exempt 501(c)(3)
organization; or 3. is recognized by the Internal Revenue Service as exempt from federal income taxes as a
religious organization, which expresses its religious mission, in part, by organizing living accommodations for
the homeless.
(f) "Director" means the Community Development Department Director.
Section 4. Requirements. The following requirements shall apply to all temporary homeless facilities
approved under this ordinance, unless modified by the director through approval of a Type II administrative
use permit.
(a) The encampment shall be located a minimum of 20 feet from the property line of abutting properties
containing commercial, industrial, and multifamily residential uses. The encampment shall be located a
minimum of 40 feet from the property line of abutting properties containing single-family residential or
public recreational uses, unless the director finds that a reduced buffer width will provide adequate separation
between the encampment and adjoining uses, due to changes in elevation, intervening buildings or other
physical characteristics of the site of the encampment.
(b) No temporary homeless facility shall be located within a critical area or its buffer as defined by Chapter
18.22 JCC.
(c) A temporary homeless facility shall comply with the applicable development standards of Title JCC,
except that temporary homeless facilities shall not be considered structures for the purposes of calculating
parcel's total lot coverage.
(d) A six-foot-tall fence is required around the perimeter of the encampment to limit access-to the site for safety
and security reasons; provided, that the fencing does not create a sight obstruction at the street or street
intersections or curbs as determined by the county engineer, unless the director determines that there is
sufficient vegetation, topographic variation, or other site conditions such that fencing would not be needed.
(e) Exterior lighting must be directed downward and glare contained within the temporary encampment.
(f) The maximum number of residents at a temporary encampment site shall be determined by the director
taking into consideration site conditions, but in no case shall the number be greater than fifty (50) people.
(g) On-site parking of the sponsor shall not be displaced unless sufficient required off- street parking
remains available for the host's use to compensate for the loss of on- site parking or unless a shared parking
agreement is executed with adjacent properties.
(h) A transportation plan, including provisions for transit, and pedestrian and bicycle ingress and egress to
the encampment, shall be submitted for review and approval.
(i) No children under the age of 18 are allowed to stay overnight in the temporary encampment, unless
accompanied by a parent or guardian. If a child under the age of 18 without a parent or guardian present
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attempts to stay at the encampment, the sponsor and the managing agency shall immediately contact Child
Protective Services and shall actively endeavor to find alternative shelter for the child.
(j) The sponsor or managing agency shall provide and enforce a written code of conduct, which not only
provides for the health, safety and welfare of the temporary encampment residents, but also mitigates
impacts to neighbors and the community. A copy of the code of conduct shall be submitted to the County at
the time of application for the administrative use permit. Said code shall be incorporated into the conditions
of approval. The managing agency shall post the County approved written code of conduct on site.
(k) An operations plan must be provided that addresses site management, site maintenance, and provision
of human and social services. Individuals or organizations shall have either a demonstrated experience
providing similar services to homeless residents; and/or certification or academic credentials in an applicable
human service field; and/or applicable experience in a related program with a homeless population. Should an
individual or organization not have any of the preceding qualifications, additional prescriptive measures may
be required to minimize risk to both residents of the temporary homeless facility and the community in
general.
(l) The sponsor and the managing agency shall ensure compliance with Washington State laws and
regulations and the Jefferson County Health Department's regulations concerning, but not limited to,
drinking water connections, solid waste disposal, and human waste. The sponsor and the managing agency
shall permit inspections by local agencies and/or departments to ensure such compliance and shall implement
all directives resulting therefrom within the specified time period.
(m) The sponsor and managing agency shall assure all applicable public health regulations, including but
not limited to the following, will be met for:
(i) Potable water, which shall be available at all times at the site;
(ii) Sanitary portable toilets, which shall be set back from all property lines as determined by the director;
(iii) Hand-washing stations by the toilets and food preparation areas;
(iv) Food preparation or service tents; and
(v) Refuse receptacles.
(n) Public health regulations (including those in Chapter 246-215 WAC and Title 8 JCC) shall be
followed to specifically include food handling and storage (including proper temperature control), and
homeless encampment residents involved in food donations and storages shall be made aware of these
Jefferson County Health Department requirements.
(o) The sponsor and the managing agency shall designate points of contact and provide contact
information (24-hour accessible phone contact) to the chief criminal deputy of the Jefferson County
Sheriff or his/her designee. At least one designated point of contact shall be on duty at all times. The
names of the on-duty points of contact shall be posted on -site daily and their contact information shall
be provided to the Jefferson County Sheriff’s Office as described above.
(p) Facilities for dealing with trash shall be provided on -site throughout the encampment. A regular
trash patrol in the immediate vicinity of the temporary encampment site shall be provided.
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(q) The sponsor and the managing agency shall take all reasonable and legal steps to obtain verifiable
identification information, to include full name and date of birth, from curre nt and prospective
encampment residents and use the identification to obtain sex offender and warrant checks from
appropriate agencies. The sponsor and the managing agency shall keep a current log of names and dates of
all people who stay overnight in the encampment. This log shall be available upon request to law
enforcement agencies and prospective encampment residents shall be so advised by the sponsor and
managing agency.
(r) Persons who have active warrants, or who are required to register as sex offenders, are prohibited
from the encampment's location.
(s) The sponsor and the managing agency shall immediately contact the Jefferson County Sheriff’s
Office if someone is rejected or ejected from the encampment when the reason for rejection or ejection
is an active warrant or a match on a sex offender check, or if, in the opinion of the on-duty point of
contact or on-duty security staff, the rejected/ejected person is a potential threa t to the community.
(t) Tents over 300 square feet in size and canopies in excess of 400 square feet shall utilize flame
retardant materials.
(u) The sponsor, the managing agency and temporary encampment residents shall cooperate with other
providers of shelters and services for homeless persons within the County and shall make inquiry with
these providers regarding the availability of existing resources.
(v) The sponsor and/or managing agency shall provide before -encampment photos of the host site with
the application. Upon vacation of the temporary encampment, all temporary structures and debris shall
be removed from the host site within one calendar week.
(w) Upon cessation of the temporary encampment, the site shall be restored, as near as possible, to its
original condition. Where deemed necessary by the director, the sponsor and/or managing agency shall re-
plant areas in which vegetation had been removed or destroyed.
Section 5. Frequency and duration -of temporary homeless facilities.
(a) No more than a maximum of 50 people may be housed in temporary homeless facilities
(encampments) located in the unincorporated County at any time. Multiple encampment locations may be
permitted provided that the aggregate total of people in all temporary tent and/or tiny house encampments
shall not exceed 50.
(b) The director shall not grant a permit for the same site more than once in any calendar year; provided
that director is not authorized to issue a permit for the same site sooner than 180 days from the date
the site is vacated as provided for in Section 4 of this ordinance.
(c) Temporary tent encampments may be approved for a period not to exceed 180 days. The director
may grant one 180-day extension, provided all conditions have been complied with and circumstances
associated with the use have not changed. This extension shall be subject to a Type II review process and
may be appealed to the hearing examiner as provided in JCC 18.40.270. The permit shall specify a date
by which the use shall be terminated and the site vacated and restored to its pre-encampment condition.
(d) Temporary tiny house encampments may be approved for a period of between six months and up to
one year, provided the sponsor and managing agency comply with all permit conditions. The director may
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grant one or more extension(s) not to exceed one additional year, provided enabling legislation allows
so. Extensions are subject to a Type II review process in accordance with JCC 18.40.270 and may be
appealed to the hearing examiner as provided in JCC 18.40.270. The permit shall specify a date by which
the use shall be terminated and the site vacated and restored to its pre-encampment condition.
Section 6. Permit required. Establishment of a temporary homeless facility shall require approval of an
administrative use permit, as described in this ordinance, and compliance with all other applicable
County regulations. The director shall have authority to grant, grant with conditions or deny an
application for an administrative use permit under this ordinance.
Section 7. Application. Application for a Type II administrative use permit shall be made on forms
provided by the County, and shall be accompanied by the following information; provided, that the
director may waive any of these items, upon request by the applicant and finding that the item is not
necessary to analyze the application. An application to establish a temporary homeless facility shall be
signed by both the sponsor and the managing agency ("applicant") and contain the following:
(a) A site plan of the property, drawn to scale, showing existing natural features, existing and proposed
grades, existing and proposed utility improvements, existing rights-of-way and improvements, and
existing and proposed structures, tents and other improvements (including stormwater and erosion
control, landscaping and fencing at the perimeter of the proposed encampment and the property and
off-street parking);
(b) A vicinity map, showing the location of the site in relation to nearby streets and properties;
(c) A written summary of the proposal, responding to the standards and requirements of this ordinance;
(d) The written code of conduct, operations plan and a transportation plan as required by this
ordinance;
(e) Statement of actions that the applicant will take to obtain verifiable identification from all
encampment residents and to use the identification to obtain sex offender and warrant checks from
appropriate agencies;
(f) Project statistics, including site area, building coverage, number and location of tents and temporary
structures, expected and maximum number of residents, and duration of the encampment;
(g) Address and parcel number of the subject property;
(h) Photographs of the site;
(i) A list of other permits that are or may be required for development of the property (issued by the
County or by other government agencies), insofar as they are known to the applicant;
(j) Permit fees for temporary homeless facilities shall be in accordance with Title 18 JCC; and,
(k) A list of any requirement under this ordinance for which the applicant is asking to modify.
Section 8. Permit Procedures.
(a) Notice. All temporary homeless facility applications shall be reviewed under a Type II process under
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JCC 18.40.270, except that the final decision must be rendered within 60 days of a determination of
completeness. Additionally, the notice of application shall contain proposed duration and operation of
the temporary homeless facility, number of residents for the encampment, and contain a County
website link to the proposed written code of conduct, operations plan and transportation plan for the
facility.
(b) Decision and Notice of Decision . Final action on permit applications made under this section shall
be in accordance with Title 18 JCC. Before any such permit may be granted, the applicant shall
demonstrate and the director shall find consistency with Jefferson County Code and the following:
(i) The proposed use meets the requirements of this ordinance; and,
(ii) Measures, including the requirements herein and as identified by the director, have been taken to
minimize the possible adverse impacts which the proposed encampment may have on the area in which it
is located. It is acknowledged that not all impacts can be eliminated, however the risk of significant impacts
can be reduced to a temporary and acceptable level as the duration of the encampment will be limited.
A notice of the decision shall be provided in accordance with Title 18 JCC.
(c) Conditions. Because each temporary encampment has unique characteristics, including, but not limited to,
size, duration, uses, number of occupants and composition, the director shall have the authority to impose
conditions on the approval of an administrative use permit to ensure that the proposal meets the criteria for
approval listed above. Conditions, if imposed, must be intended to protect public health, life and safety and
minimize nuisance-generating features such as noise, waste, air quality, unsightliness, traffic, physical
hazards and other similar impacts that the temporary encampment may have on the area in which it is located.
In cases where the application for an administrative use permit does not meet the provisions of this ordinance
(except when allowed under subsection (d) of this section) or adequate mitigation may not be feasible or possible,
the director shall deny the application.
(d) Modification of Requirements. The director may approve an administrative use permit for a temporary
encampment that relaxes one or more of the standards in this ordinance only when, in addition to satisfying
the decision criteria stated above, the applicant submits a description of the standard to be modified and
demonstrates how the modification would result in a safe encampment with minimal negative impacts to the
host community under the specific circumstances of the application. In considering whether the
modification should be granted, the director shall first consider the effects on the health and safety of
encampment residents and the neighboring communities. Modifications shall not be granted if their adverse
impacts on encampment residents and/or neighboring communities will be greater than those without
modification. The burden of proof shall be on the applicant.
Section 9. Appeal. The director's decision may be appealed to the hearing examiner as provided in Title li
JCC.
Section 10. Revocation. The director shall also have the authority to revoke an approved administrative use
permit, pursuant to Title li JCC at any time a sponsor or managing agency has failed to comply with the
applicable provisions of this ordinance or permit.
Section 11. Purpose. The purpose of this interim ordinance is to allow and establish a review process for
the location, siting, and operation of temporary homeless facilities within the unincorporated County. While
the interim ordinance is in effect, the County will study the land use and other impacts associated with
temporary homeless facilities, draft final zoning and regulations to address such uses, hold public hearings
on such draft regulations, and adopt such regulations.
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Section 12. Duration of Interim Ordinance. Unless subsequently extended by the County Board of
Commissioners pursuant to state law, this interim Ordinance shall remain in effect for up to six months,
continuing from the expiration date of Ordinance 10-1221-20, December 20, 2021, and ending no later than
June 20, 2022, as provided in the Work Plan adopted in Section 13.
Section 13. Work Plan. During the interim ordinance period, County staff will study the issues and facilitate
a participatory planning process concerning the establishment and operation of temporary homeless
facilities as set forth below.
Subject Matter Experts – Step 1
Staff will meet with subject matter experts (SME) either individually or in focus groups whose expertise in
healthcare including mental health, geriatrics, substance use, and law shall be incorporated in a revised draft
ordinance. Revisions recommended by these SMEs shall be incorporated into the County's draft ordinance
on or before March 1, 2022.
Community Participation – Step 2
This newly revised draft ordinance shall then be subject to a public process including but not limited to the
state-mandated State Environmental Policy Act (SEPA) non-project review. The public review process shall
include a public hearing before the County's Planning Commission on or before April 6, 2022, and a public
hearing before County Board of Commissioners on or before June 13, 2022, in accordance with the public
participation process required for amendments to the County's development regulations.
Section 14. Conflict with other Jefferson County Code Provisions. If the provisions of this Ordinance are
found to be inconsistent with other provisions of the Jefferson County Code, this Ordinance shall control.
Section 15. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be
unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of any other sentence, clause or phrase in this Ordinance.
Section 16. Effective Date. This ordinance is effective December 20, 2021, upon the expiration of Interim
Ordinance No. 10-1221-20.
(SIGNATURES FOLLOW ON NEXT PAGE)
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ADOPTED this _____ day of ____________________ 2021, at ___:___ __.M.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL:
____________________________________
Kate Dean, Chair
____________________________________
Greg Brotherton, Member
ATTEST:
____________________________________
Heidi Eisenhour, Member
APPROVED AS TO FORM
_________________________________ ____________________________________
Carolyn Gallaway, Date Philip C. Hunsucker, Date
Clerk of the Board Chief Civil Deputy Prosecuting Attorney