Loading...
HomeMy WebLinkAboutPC Review Clean Copy UDC AmendmentsAppendix A Clean Copy UDC Text Amendments Temporary Homeless Facilities 18.10.130 M definitions "Managing agency" means an organization identified as the manager of a temporary housing facility that has the capacity to organize and manage a temporary housing facility. Managing agencies are limited to religious organizations and non-profit agencies. A "managing agency" may be the same entity as the sponsor. 18.10.190 S definitions "Sponsor" means an organization that: (i) invites a temporary housing 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 (iii) 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. 18.10.200 T definitions "Temporary housing 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 housing facilities include temporary tent facilities and temporary tiny shelter villages. "Temporary tent facility" 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. "Temporary tiny shelter village" means a temporary housing facility for a group of people living in purpose-built tiny structures 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 structures 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 structures are not dwelling units and, as such, are not required to meet building codes. 18.20.375 Temporary Housing Facilities Purpose: To establish regulations for the siting, establishment, and processing of applications for temporary Appendix A homeless facilities in unincorporated Jefferson County, in conformity with the responsibility to meet public health, safety, and welfare requirements without substantial adverse impact on the residential environment and rural character in the vicinity. (1) Requirements. The following requirements shall apply to all temporary housing facilities approved under this ordinance, unless modified by the director through approval of a Type II conditional administrative use permit. (a) The facility shall be located following the setback requirements set forth in Chapter 18.30 JCC, provided that the required setbacks may be modified by the Director if site conditions require alternate setbacks to conform with the purpose and related site requirements in this Section. (b) No temporary housing facility shall be located within a critical area or its buffer as defined by Chapter 18.22 JCC. (c) A temporary housing facility shall comply with the applicable development standards of Title 18 JCC, except that temporary housing facilities shall not be considered structures for the purposes of calculating parcel's total lot coverage. (d) A perimeter plan shall be developed for the facility that accounts for site screening from neighboring land uses and which limits access to the site for safety and security reasons; provided, that the screening 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 additional screening would not be needed. Screening material may include fencing, landscaping or other site-specific methods approved by the Director. (e) Exterior lighting must be directed downward and glare contained within the temporary facility. (f) The maximum number of residents at a temporary facility site shall be determined by the director taking into consideration site conditions. (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 facility, shall be submitted for review and approval. (i) No children under the age of 18 are allowed to stay overnight in the temporary facility, unless accompanied by a parent or guardian. If a child under the age of 18 without a parent or guardian present attempts to stay at the facility, 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 entry, grievance, and denial of service policies, which not only provides for the health, safety and welfare of the temporary facility residents, but also mitigates impacts to neighbors and the community. A copy of the policies shall be submitted to the County at the time of application for the administrative use permit. Said policies shall be incorporated into the conditions of approval. The managing agency shall post the County approved policies on site. The sponsor or managing agency shall implement a community-driven code of conduct to implement said policies. Appendix A (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 housing 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 facility 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 collecting trash shall be provided on-site throughout the facility. A regular trash patrol in the immediate vicinity of the temporary facility site shall be provided. (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 current and prospective facility 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 facility. This log shall be available upon request to law enforcement agencies and prospective facility residents shall be so advised by the sponsor and managing agency. (r) The sponsor and the managing agency shall immediately contact the Jefferson County Sheriff’s Appendix A Office if someone is rejected or ejected from the facility 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/ejec ted person is a potential threat to the community. (s) An emergency locator address shall be obtained by permit from Department of Community Development to address the facility for emergency response. (t) The sponsor, the managing agency and temporary facility 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. (u) The sponsor and/or managing agency shall provide before -facility photos of the host site with the application. Upon vacation of the temporary facility, all temporary structures and debris shall be removed from the host site within one calendar week. (v) Upon cessation of the temporary facility, 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. (2) Construction and Life Safety Requirements (a) All bedroom shelters and common use structures shall be subject to periodic inspections by the fire code official and/or fire marshal per Section 104 of the 2018 International Fire Code. An inspection of the entire site, including structures, as necessary, will be conducted prior to any extensions of the Temporary Use approval. (b) Two operable windows allow for user-controlled ventilation. One window must meet egress requirements and be located on a separate wall from the door. (c) Doors and Windows; No locks or latches that might inhibit an emergency escape from within the unit. A single cylinder deadbolt lock or lever-handled door latch is permitted, as long as it does not require the use of a tool or key to lock or unlock it from inside the unit. (d) Tents must meet a minimum distance of ten feet apart, Wooden tents and buildings a minimum of five feet or more apart. RV’s a minimum of five feet or more apart, applies to awnings. If mixed use then the most restrictive distance applies. (e) Combination Smoke/Carbon Monoxide detector with 10-year lithium batteries. shall be provided and maintained within each bedroom shelter; (f) Fire Extinguisher. with a minimum rating of 1-A:10-B:C for each structure to be inspected yearly per IFC will be provided in all wooden tents and community buildings. (g) Cooking only allowed in cooking/dining shelter. No fuel gas appliances or equipment in units. (h) Fire truck access and turn-around is provided by the existing roadways and hammer-head turn-around. (i) If there is a gate to an encampment, an established Knox box with a master key will be provided for the Fire Department. If the buildings have locks, a master key to all units will be placed in a Knox box for East Jefferson Fire Rescue. Appendix A (j) No smoking, lighted candles (including hot plates), burning of incense or flames is permitted within any tents, wooden tents. or other type of flames. Must have a separate dedicated smoking area. (k) Combustible waste material shall be controlled in accordance with the 2018 International Fire Code Section 304. (l) Wooden tents/Emergency Shelters; exterior porch style light required if dusk to dawn exterior lighting not provided, must be hard wired with outlets, in wall mounted heaters or free-standing heaters that meet national standards such as UL and Auto tilt shut off. All wooden tents/emergency shelters must be permanently affixed with an “Emergency Shelter” label on the door frame of each unit. (m) Class C interior fire rating (painted plywood), or drywall. (n) Clear numbering of all individual units labeled on the exterior of unit. (o) The fire marshal or fire code official may determine that hazardous environmental conditions warrant the temporary restriction or prohibition of smoking or vaping per International Fire Code Section 310.8. (p) All structures will be provided with a landing with steps and a handrail when necessary. (q) Wooden tent/emergency shelter and community buildings must have a door with a minimum opening of 32 inches. (r) Common use structures like restrooms, bathing facilities or kitchens must be labeled by Labor and Industries or built to International Code requirements and permitted with Jefferson County. All emergency shelters will be supported by a temporary foundation as approved by the building official. (3) Frequency and duration -of temporary housing facilities. (a) Each facility will be limited in its service capacity to the number of people that the site can accommodate, as determined by the Director. Multiple facility locations may be permitted. (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 facilities may be approved for a period not to exceed 180 days. The director may grant two additional 180-day extensions, provided all conditions have been complied with and circumstances associated with the use have not changed. Extensions 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-facility condition. (d) Temporary tiny house villages 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 grant two or more extension(s) not to exceed two additional years. 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-facility condition. Appendix A (4) 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. (5) 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 homele ss 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 perimeter plan for the proposed facility, 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 policies for entry, grievance, and denial of service , 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 facility 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 numbe r of residents, and duration of the facility; (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. (6). Permit Procedures. (a) Notice. All temporary homeless facility applications shall be reviewed under a Type II process under 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 facility, and contain a County website link to the proposed policies for entry, grievance, and denial of service, operations plan and transportation plan for the facility. Appendix A (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 facility 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 facility will be limited. A notice of the decision shall be provided in accordance with Title 18 JCC. (c) Conditions. Because each temporary facility 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 facility 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 facility 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 facility 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 facility residents and the neighboring communities. Modifications shall not be granted if their adverse impacts on facility residents and/or neighboring communities will be greater than those without modification. The burden of proof shall be on the applicant. (7) Appeal. The director's decision may be appealed to the hearing examiner as provided in Title 18 JCC. (8) Revocation. The director shall have the authority to revoke an approved administrative use permit, pursuant to Title 18 JCC at any time a sponsor or managing agency has failed to comply with the applicable provisions of this ordinance or permit.