HomeMy WebLinkAbout061322ra03 re: version includes corrections to some of the numbering
COUNTY OF JEFFERSON
STATE OF WASHINGTON
An Ordinance Adopting Development )
Regulations for the Siting, Establishment, )
and Operation of Temporary Housing ) ORDINANCE NO. _______________
Facilities for Unsheltered and Unhoused )
Individuals and Families in Unincorporated )
Jefferson County; Repealing and Replacing )
Ordinance 08-1213-21 )
WHEREAS, homelessness continues to be a local, regional and national challenge due to many social
and economic factors; and
WHEREAS, in Resolution No. 35-17, the Jefferson County Board of Commissioners declared that an
emergency exists with respect to the availability of housing that is affordable for low and very low-income
households in Jefferson County; and
WHEREAS, in Resolution No. 63-19, the Jefferson County Board of Commissioners adopted a Five-
Year Homeless Housing Plan, Making Homelessness a Singular Occurrence- Homelessness Crisis Response
and Housing Five-Year Plan for Jefferson County; and
WHEREAS, tent and tiny structure sites have become a mechanism for providing temporary shelter
for unsheltered and unhoused individuals and families; and
WHEREAS, under RCW 36.01.290 the Washington State Legislature has authorized religious
organizations to host temporary structure sites to provide shelter for unhoused and unsheltered individuals on
property that a religious organization owns or controls; and
WHEREAS, the Jefferson County Code does not currently have code requirements addressing the
establishment and operation of such temporary housing facilities; and
WHEREAS, COVID-19 presents an ongoing threat to public health in the Jefferson County
community; and
WHEREAS, the provision of temporary housing facilities for the unhoused and unsheltered
population will help prevent the spread of COVID-19; and
WHEREAS, the Jefferson County Board of Commissioners enacted Ordinance 10-1221-20, which
adopted interim controls to allow for the siting, establishment, and operation of temporary homeless facilities
in Jefferson County; and
WHEREAS, on November 1, 2021, the Department of Community Development updated the Board
of County Commissioners on the progress 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
WHEREAS, the Board of County Commissioners enacted an Interim Ordinance No. 08-1213-21,
repealing and replacing Interim Ordinance No. 10-1221-20, and renewing the interim control for an additional
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six months on December 20, 2021, to provide for additional public outreach and coordination with
stakeholders and allow completion of the Work Plan by June 20, 2022; and
WHEREAS, the proposed development regulations for the establishment and operation of temporary
housing facilities for unhoused and unsheltered individuals in Jefferson County will protect the public health,
safety, and welfare; and
WHEREAS, the proposed development regulations will also allow qualifying religious organizations
and registered not-for-profit, tax exempt 501(c)(3) organizations the opportunity to establish and operate
temporary housing facilities; and
WHEREAS, the Department of Community Development has facilitated discussions of the
Temporary Housing Facilities Ordinance at the Jefferson County Planning Commission at regular meetings
on September 15, 2021, October 6, 2021, October 20, 2021, November 3, 2021, and November 17, 2021; and
WHEREAS, the Department of Community Development has discussed the Temporary Housing
Facilities for Unsheltered and Unhoused Individuals and Families Ordinance with stakeholders including the
City of Port Townsend, Joint Oversight Board—Homeless Housing Advisory Task Force, City of Port
Townsend, Housing Solutions Network, OlyCAP, Jefferson County Sheriff, and others with interest and
experience in housing issues; and
WHEREAS, the Jefferson County Planning Commission and the Department of Community
Development discussed the Temporary Housing Facilities for Unsheltered and Unhoused Individuals and
Families Ordinance in meetings from December 2021 through May 2022, culminating in a duly-noticed public
hearing at the Planning Commission on May 4, 2022; and
WHEREAS, the Planning Commission deliberated on the draft ordinance on May 4, 2022 and May
18, 2022, and provided written findings and recommendations, including addressing Growth Management
Indicators to the Board in their letter dated May 19, 2022; and
WHEREAS, the County Board of Commissioners adopts the foregoing as its findings of facts
justifying the adoption of this Ordinance;
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.
Section 2. Purpose. The purpose of this ordinance is to allow and establish a review process for the location,
siting, and operation of temporary housing facilities for unsheltered and unhoused individuals and families within
the unincorporated county.
Section 3. Appendix A: JCC Title 18 Code Amendments regarding Temporary Homeless Facilities Adopted.
Title 18 JCC is hereby amended to include text additions and changes as indicated in Appendix A.
Section 4. Construction and Life Safety Requirements. A new section JCC 15.05.065 is added to the Jefferson
County Code to read:
15.05.065 Construction and life safety requirements for temporary housing facilities permitted under JCC
18.20.385.
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The following requirements apply to any temporary housing facility permitted under JCC title 18:
(1) A temporary housing facility, including all temporary structures, tents, RVs, tiny 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 current adopted International Fire Code. An inspection of the entire site, including structures, as necessary, will
be conducted prior to any extensions of the conditional use permit approval.
(2) Any temporary structure containing a sleeping area must contain one operable window that allows for user-
controlled ventilation. The window must meet egress requirements and be located on a separate wall from the door.
Alternatively, an outswing door allowing egress from the tiny shelter may be substituted for the operable egress
window. If egress requirements are met by an outswing door, a landing appropriately sized for the swing of door
is required, and a handrail must be provided if the landing is over 30 inches in height.
(3) Locks or latches on doors and windows that might inhibit an emergency escape from within the unit are
prohibited. 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.
(4) Tents must have a minimum separation of ten feet from other tents or structures, including but not limited to
RVs, tiny shelters, and other buildings. If tents or other membrane shelters are made of fire-retardant material, they
may have a minimum separation of five feet from each other or from other structures. Tiny shelters, RVs, and
buildings require a minimum separation of five feet. If the site has a mix of tents, RVs, and tiny shelters, the most
restrictive minimum separation between the two types applies. Separation distance is measured from the end of any
protrusions from the structure such as awnings.
(5) Each temporary structure and any common use building must contain a combination smoke/carbon monoxide
detector with 10-year lithium batteries. The operating entity shall ensure that all such detectors are properly placed
and maintained.
(6) Each temporary structure and any common use building must contain a fire extinguisher with a minimum rating
of 1-A:10-B:C. The operating entity shall ensure that all such detectors are properly placed and maintained. Fire
extinguishers shall be inspected annually as required by the International Fire Code.
(7) The following items and activities are prohibited within or adjacent to any tent or tiny structure: : any open
flame including candles, burning of incense or other types of open flame or fuel gas appliances or other equipment,
convection or toaster ovens, or hot plates. Microwaves are allowed. Cooking activities, outside the use of a
microwave, are only allowed in an officially designated cooking area.
(8) The site plan shall include roadways throughout the site that provide adequate emergency response vehicle
access and turn-around, including a hammer-head turn-around.
(9) If there is a gate to the temporary housing facility, an established Knox box with a master key will be provided
for fire officials. If the buildings have locks, a master key to all units will be placed in a Knox box for fire officials.
(10) No smoking or vaping is permitted within any temporary structure as defined in JCC 18.10.20, including tents,
RVs, tiny shelters, and any other structure designed to provide personal and private shelter to an individual or
family. The operating entity must provide a separate dedicated smoking area which is strictly enforced at all times
to reduce, minimize or eliminate impacts to adjacent property owners and occupants of the tiny structures.
(11) No hot plates, electric stoves, convection or toaster ovens, lighted candles, burning of incense or other types
of open flame is permitted within any tent or temporary structure.
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(12) Combustible waste material shall be controlled in accordance with the current adopted International Fire Code
Section 304.
(13) For any tiny shelter, an exterior porch light is required if dusk to dawn exterior lighting is not provided on the
grounds of the temporary housing facility. The exterior porch light must be hard-wired with outlets.
(14) Any in-wall mounted heaters or free-standing heaters must meet national standards such as UL and auto-tilt
shut off. All tiny shelters must be permanently affixed with an “Emergency Shelter” label on the door frame of each
unit.
(15) Any tiny shelter must have a Class C interior fire rating (painted plywood), or drywall.
(16) There must be clear numbering of all individual units labeled on the exterior of unit.
(17) 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.
(18) All structures shall be provided with a landing, with steps and a handrail when necessary as specified in the
International Building Code.
(19) Tiny shelters must have a door with a minimum opening of 32 inches.
(20) Common use structures like restrooms, bathing facilities or kitchens must be labeled by WA State Labor and
Industries or built to International Code requirements and permitted by Jefferson County. All emergency shelters
will be supported by a temporary foundation as approved by the building official.
(21) Any tiny structure, or structure with more than one sleeping area, must be built to International Residential
Code Appendix Q – Tiny Homes or be affixed with a label from WA State Labor and Industries.
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 upon the date signed by the Jefferson County Board of
Commissioners.
Section 17. Ordinance Review. This Department shall provide a report to the Planning Commission and the Board
of County Commissioner within two years of adoption analyzing the effectiveness of the ordinance and
recommending possible changes. The Planning Commission shall hold a public hearing with notice and opportunity
for the public to testify regarding the contents of the report and ideas for possible changes to the ordinance.
(SIGNATURES FOLLOW ON NEXT PAGE)
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ADOPTED this _____ day of ____________________ 2022, at ___:___ __.M.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL:
____________________________________
Heidi Eisenhour, Chair
____________________________________
Greg Brotherton, Member
ATTEST:
____________________________________
Kate Dean, Member
APPROVED AS TO FORM
_________________________________ ____________________________________
Carolyn Gallaway, Date Philip C. Hunsucker, Date
Clerk of the Board Chief Civil Deputy Prosecuting Attorney
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APPENDIX A
Section 1. JCC 18.10.130 is amended to include the following definition:
"Managing agency" means an organization identified as the manager of a temporary housing facility by
the UDC administrator under JCC 18.20.385(2)(a). Managing agencies are limited to religious
organizations and non-profit agencies. A “managing agency” may be the same entity as the sponsor.
Section 2. JCC 18.10.150 is amended to include the following definition:
"Operating entity" for purposes of the temporary housing facility regulations in JCC 18.20.385 means the
sponsor, managing agency, and individuals or organizations qualified by the UDC administrator under
JCC 18.20.385(2)(a) to operate a temporary housing facility.
Section 3. JCC 18.10.190 is amended to include the following definition:
"Sponsor" for purposes of the temporary housing facility regulations in JCC 18.20.385 means an organization that
is:
(1) A state of Washington registered not-for-profit corporation and federally recognized tax exempt 501(c)(3)
organization that invites a temporary housing facility to reside on land it owns or leases, or
(2) 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 those experiencing homelessness.
Section 4. JCC 18.10.20 is amended to include the following definitions:
"Temporary housing facility" means a facility providing temporary housing accommodations pursuant to JCC
18.20.385 Temporary housing facilities include temporary structures as defined in JCC 18.10.200 and may
also include a safe parking area and common use structures.
"Temporary structures" includes tents, RVs, tiny shelters, and any other structure designed to provide personal and
private shelter to an individual or family.
"Temporary tent facility" means a temporary housing facility for unhoused people that is composed of
tents or other temporary structures, as approved pursuant to JCC 18.20.385.
"Temporary tiny shelter village" means a temporary housing facility for unhoused people that is
composed of purpose-built tiny structures, as approved by the UDC administrator, on a site permitted by
the department pursuant to JCC 18.20.385. Temporary tiny structures for unhoused people are typically
less than 200 square feet and easily constructed and moved to various locations. For the purposes of JCC
18.20.385, temporary tiny structures are not dwelling units for purposes of the building code.
Section 5. JCC 18.15.040 is amended to read:
Table 3-1. Allowable and Prohibited Uses
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Section 6. A new section JCC 18.20.385 is added to the Jefferson County Code to read:
18.20.385 Temporary Housing Facilities.
(1) The purpose of this section is to allow and establish a review process for the location, siting, and operation of
temporary housing facilities for unsheltered and unhoused individuals and families within Jefferson County.
Approvals and extensions for approvals of temporary housing facilities will be processed as a conditional use permit
(discretionary) (C(d)) pursuant to pursuant to JCC 18.15.040 and JCC 18.40.040 in rural residential zones
only. In all other zones, approvals and extensions for approvals of temporary housing facilities are prohibited.
Any Type II process may be appealed to the hearing examiner for an open record hearing pursuant to JCC 18.40.270.
(2) The following site requirements shall apply to all temporary housing facilities, unless modified through approval
of a Type II conditional use permit pursuant to JCC 18.15.040 and JCC 18.40.040 and consistent with the
purposes of this section:
(a) Qualifications of an individual or organization applying to permit a temporary housing facility.
(i) Any individual or organization that applies to permit a temporary housing facility shall include
information in its application materials that demonstrates one or more of the following:
(A) Experience providing similar services to unhoused individuals;
(B) A certification or academic credentials in an applicable human service field;
(C) Applicable experience in a related program with unhoused populations; or
(D) Experience with similar services.
(ii) Should an individual or organization not have any of the qualifications in JCC 18.20.385(2)(a)(i), the
UDC administrator may require additional prescriptive measures to ensure that the facility is operated in
conformance with local, state, and federal requirements, and to minimize risk to both residents of the
temporary housing facility and the community in general.
(b) Frequency and duration of temporary housing facilities.
(i) Each facility will be limited in its service capacity to the number of people that the site can
accommodate, as determined by the UDC administrator. Multiple facility locations may be
permitted.
(ii) A permit for the same site may not be granted more than once in any calendar year, and a permit
for the same site may not be granted sooner than 180 days from the date the site is vacated, unless
otherwise provided in JCC 18.20.385(2)(b)(iii).
(iii) Temporary tent and/or tiny shelter village facilities may be approved for a period not to exceed
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180 days. The UDC administrator may allow two additional 180-day extensions, provided all
conditions have been complied with and circumstances associated with the use have not changed.
Extensions are subject to a Type II process pursuant to JCC 18.15.040 and JCC 18.40.040. The
permit shall specify a date by which the use shall be terminated and the site vacated and restored
to its pre-facility condition.
(c) Location and site plan requirements. A temporary housing facility:
(i) shall be located in reasonable proximity to public services through use of public transit. If the
proposed site is not in reasonable proximity, the applicant may meet this requirement by providing a
plan demonstrating how the applicant will provide access to public services to occupants of the
proposed facility.
(ii) shall be located in accordance with the setback requirements set forth in Chapter 18.30 JCC, provided
that the UDC administrator may allow modifications to the required setbacks if site conditions require
alternate setbacks to conform with the purpose and related site requirements in this section;
(iii) shall not be located within a critical area or its buffer as defined by Chapter 18.22 JCC;
(iv) shall comply with all applicable development standards of Title 18 JCC, except that square footage
of temporary structures shall not be considered for the purposes of calculating parcel's total lot
coverage;
(iv) shall not be sited in a manner which displaces on-site parking on the host property necessary for
another on-site principal use, unless sufficient required off-site parking remains available for the host's
principal use, or unless a shared parking agreement is executed with adjacent properties;
(vi) shall contain exterior lighting that is directed downward so that glare is contained within the premises;
and
(vii) shall be sized in accordance with site conditions and other factors. The UDC administrator shall
determine the maximum number of persons who may reside at the facility.
(d) Submittal requirements. The sponsor and the managing agency ("applicant") shall both an application for
a conditional use permit approval of a temporary housing facility. In addition to all other applicable
submittal requirements in Title 18 JCC, the applicant shall submit:
(i) a site plan of the property, drawn to scale, showing existing natural features and critical areas,
existing and proposed grades, existing and proposed utility improvements, existing rights-of-
way and improvements, and existing and proposed structures including tents and other
improvements, stormwater and erosion control, landscaping and perimeter plan for the
proposed facility, and the parking proposed on the property, as well as off-site parking;
(ii) a vicinity map, showing the location of the site in relation to nearby streets and properties;
(iii) a written summary of the proposal, responding to the applicable standards and requirements of
JCC Title 18;
(iv) a statement of actions that the applicant will take to obtain verifiable identification from all
facility residents, for the purpose of obtaining sex offender and warrant checks from
appropriate agencies;
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(v) project statistics, including proposed site area, building coverage, number and location of tents
and temporary structures, expected and maximum number of residents, and duration of the
facility;
(vi) address and parcel number of the subject property;
(vii) photographs of the site;
(viii) a list of other permits that are or may be required for development of the property by the county
or by other government agencies;
(ix) applicable permit fees;
(x) a list of any development standards under Chapter 18.30 JCC the applicant is seeking to
modify;
(xi) a statement of qualifications of the applicant meeting the requirements of JCC 18.20.385 (2)(a).
(xii) a perimeter plan, that provides for site screening from neighboring land uses and which limits access to
the site for safety and security reasons, unless the UDC administrator determines that there is
sufficient vegetation, topographic variation, or other site conditions which make additional
screening unnecessary. The county road engineer shall review the perimeter plan to ensure that
any proposed screening does not create a sight obstruction at the street, street intersections, or curbs.
Screening material may include fencing, landscaping or other site-specific methods approved by
the UDC administrator. The approved plan shall be included as a condition of approval;
(xiii) a transportation plan that addresses transit proximity, vehicle circulation, and pedestrian and bicycle
ingress and egress to the facility. The approved plan shall be included as a condition of approval;
(xiv) an operations plan, including standard operating procedures, that shall address site management,
site maintenance, and provision of human and social services, including but not limited to the
requirements of JCC 18.20.385(2). The approved plan shall be included as a condition of approval;
(xv) a safety and security plan which incorporates feedback from local law enforcement services,
describing measures that the site manager will employ to promote the safety of facility occupants
and surrounding residents and businesses, including, but not limited to:
(A) criteria for rejection or removal of an individual seeking access to temporary housing
facility;
(B) a plan for deployment (including time, place and manner) of security patrols;
(C) a plan to address disruptive behavior in the facility and in the perimeter area that infringes
on the safety of occupants or employees of the use, and a description of the consequences
for engaging in disruptive behavior;
(D) a plan for managing loitering, panhandling, and unpermitted camping in the perimeter area
of the homeless services use;
(E) identification of site-specific magnet areas (e.g., greenbelts, parks, libraries, transit
facilities, etc.) and a plan to address behavior that is inconsistent with the code of conduct
and Jefferson County code;
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(F) implementation of registered sex offender background checks and compliance with
applicable registration and notification requirements;
(G) a plan for managing individuals excluded or removed from a temporary housing facility;
(xvi) a plan for coordination and communication between the operator and law enforcement agencies to
ensure timely information sharing between agencies;
(xvii) provision of a phone number and point of contact at the site of the proposed temporary housing
facility for the community to report concerns;
(xviii) a plan for addressing reported concerns and documenting resolution, and making this information
publicly available;
(xvix) identification of performance metrics that will be used to track compliance with the safety and
security plan; and
(xx) a compendium of policies, which will be incorporated into the conditions of approval, that address
the following issues:
(A) requirements for entry to site by residents and visitors;
(B) policies for denial of service in accordance with this section;
(C) a process for addressing grievances of both temporary facility residents, concerned
neighbors, and citizens of the broader community;
(D) any other policies necessary for the health, safety, and welfare of temporary facility residents,
neighbors, and the broader community; and
(E) a proposed code of conduct to be further developed and adopted by the occupants of the
facility. A “code of conduct” is an agreement on rules of behavior between occupants of a
temporary housing facility, and between occupants and the operating entity. The code of
conduct is intended to protect the health, safety and welfare of the occupants and employees
of the temporary housing facility, and surrounding residents and businesses. The code of
conduct shall include, but is not limited to provisions committing occupants to the following:
I. respecting the rights of the property owner to restrict access to areas of their
property that are not open to the public or to facility occupants;
II using operator -suggested routes of travel to access the temporary housing facility
use;
III. maintaining the site aesthetics;
IV. respecting state law restrictions on smoking and agreeing to use designated
smoking areas where provided;
V. respecting any rules required by the operating entity as a condition of entry to the
site;
VI. complying with terms of any “good neighbor” agreement provisions that apply to
occupants of the temporary housing facility.
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(e) Operational requirements.
(i) No children under the age of 18 are allowed to stay overnight in the temporary facility unless
accompanied by a parent or legal guardian. If a child under the age of 18 without a parent or legal
guardian present attempts to stay at the facility, the operating entity shall immediately contact the
Department of Social and Health Services, Child Protective Services for placement in an
alternative shelter;
(ii) The operating entity shall ensure compliance with all state and local public health regulations
during operation of the facility. As a condition of approval of the temporary housing facility, the
operating entity shall allow public health officials reasonable access for inspection purposes. The
operating entity shall permit inspections by any state or local agency to ensure such compliance
with such regulation and shall implement all directives resulting therefrom within the specified time
period. The operating entity must document ongoing compliance with public health requirements,
including but is not limited to the following:
(A) potable water, which is available at all times at the site;
(B) sanitary portable toilets, which shall be set back from all property lines as determined by
the UDC administrator and serviced as often as necessary to ensure sanitary conditions;
(C) hand-washing stations by the toilets and food preparation areas;
(D) food handling and storage facilities meeting all public health requirements (including those
in Chapter 246-215 WAC and Title 8 JCC), including but not limited to proper
temperature control for food storage and an educational program for temporary housing
facility residents; and
(E) refuse receptacles capable of providing capacity to keep the facility clean, without excess
garbage accumulating outside of receptacles;
(iii) The operating entity 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 their 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;
(iv) The operating entity shall take all reasonable and legally permissible steps to obtain
verifiable identification information from current and prospective facility residents,
including full name and date of birth, and complete background checks with the appropriate
agencies. The operating entity 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 operating entity;
(v) The operating entity shall immediately contact the Jefferson County Sheriff’s Office if any
individual is rejected or ejected from the facility under any of the following circumstances:
(A) there is an active warrant on the individual;
(B) there is a match on a sex offender check; or
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(C) in the opinion of the on-duty point of contact or on-duty security staff, the person
rejected or ejected is a potential threat to the community;
(vi) The operating entity and temporary facility residents shall cooperate and collaborate with other
providers of shelters and services for unhoused persons within the county, particularly with
respect to provision of services and availability of resources; and
(vii) Upon vacation of a temporary facility, all temporary structures and debris shall be removed
from the host site within one calendar week, unless otherwise permitted by the UDC
administrator. The site shall be restored, as near as possible, to the original condition, as
identified in the site photos submitted with the application. Where deemed necessary by the UDC
administrator, the operating entity shall re-plant areas in which vegetation had been removed
or destroyed.
(3) Emergency locator address. Subsequent to approval, the operating entity shall apply to the department for an
emergency locator address for purposes of emergency response.
(4) Chapter 15.05 JCC compliance. The operating entity shall ensure that a temporary housing facility is at all
times in compliance with the requirements of Chapter 15.05 JCC with respect to building and fire code requirements.
As a condition of approval of the temporary housing facility, the operating entity shall allow building and fire code
officials reasonable access for inspection purposes.
(5) Conditions. Because each temporary facility has unique characteristics, including, but not limited to, size, duration,
uses, number of occupants and composition, the UDC administrator may require conditions of approval 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. The UDC administrator may deny any application that does not meet the requirements of the
code, except as allowed under JCC 18.20.385(6).
(6) Modification of Requirements. The UDC administrator may issue an approval that relaxes one or more of the
standards in this code only when, in addition to satisfying the conditional use decision criteria, the applicant
describes with specificity how the standard would be modified and demonstrates how the modification would result in
a safe facility with minimal negative impacts to the residents, the host community, and the surrounding
neighborhood. In considering whether the modification should be granted, the UDC administrator shall first
consider the effects on the health and safety of facility residents and the neighboring communities. The modifications
may include mitigation requirements to minimize any negative impacts to the residents, the host community, and the
surrounding neighborhood. Modifications shall not be granted if their adverse impacts on facility residents or neighboring
communities will be greater than those without modification. The burden of proof shall be on the applicant.
Section 7. Table 8-1 in JCC 18.40.040 is amended to read:
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