HomeMy WebLinkAbout05 0613 22 COUNTY OF JEFFERSON
STATE OF WASHINGTON
An Ordinance Adopting Development )
Regulations for the Siting, )
Establishment, and Operation of )
Temporary Housing Facilities for ) ORDINANCE NO. 05-0613 22
Unsheltered and Unhoused Individuals )
and Families in Unincorporated )
Jefferson County; Repealing and )
Replacing Ordinance 08-1213-21
WHEREAS, homelessness continues to present 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. 63-1 9, 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
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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 l 21.3-21, repealing and replacing Interim Ordinance No. Ordinance 10-1221-20,
and renewing the interim control for an additional 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, the 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 Board of County Commissioners held a public hearing on the
ordinance adopting temporary housing facility regulations on June 13, 2022; and
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WHEREAS, the Board of County 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 unincorporated Jefferson County.
Section 3. Appendix A Title 18 JCC 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.
The following requirements apply to any temporary housing facility permitted under Title 18
JCC:
(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 marshal per
International Fire Code Section 104. 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
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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) Combustible waste material shall be controlled in accordance with the current adopted
International Fire Code Section 304.
(12) 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.
(13) 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.
(14) Any tiny shelter must have a Class C interior fire rating (painted plywood), or drywall.
(15) There must be clear numbering of all individual units labeled on the exterior of unit.
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(16) The fire marshal may determine that hazardous environmental conditions warrant the
temporary restriction or prohibition of smoking or vaping per International Fire Code Section
310.8.
(17) All structures shall be provided with a landing, with steps and a handrail when necessary
as specified in the International Building Code.
(18) Tiny shelters must have a door with a minimum opening of 32 inches.
(19) 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.
(20) 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 5. 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 6. 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 7. Effective Date. This ordinance is effective upon the date signed by the Jefferson
County Board of Commissioners.
Section 8. Ordinance Review. The Department of Community Development shall provide a
report to the Planning Commission and the Board of County Commissioners 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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r
ADOPTED this hi day of c_,(A K& 2022, at 9 : '7/ P.M.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
•
`Heidi Eise •ur, Chair
A 1
Greg Brot'erton, Member
Kat Dean, Member
SEAL:._
s ,
I :3
ATTEST:
in 4
0114 C a
Carolyn Oallaway
Clerk of the Board
Approved as to form only:
nj [' /CC".""L't---
June 14, 2022
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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APPENDIX A
Section 1. JCC 18.10.1.30 is amended to include the following definition:
"Managing agency" means an individual or organization applying to permit a
temporary housing facility 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 1 8.10.150 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
determined by the administrator to be qualified 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 18.10.200 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.
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"Temporary tiny shelter village" means a temporary housing facility for unhoused
people that is composed of purpose-built tiny structures, as approved by the
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 Chapter
15.05 JCC.
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 decision may be appealed to the hearing examiner, who will
hold 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 18.40.04{) 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;
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(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 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 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
18.20.3 85(2)(b)(iii).
(iii) Temporary tent and tiny shelter village facilities may be approved
for a period not to exceed 180 days. The administrator may grant two or more
extension(s)not to exceed two additional years,provided all conditions have been
complied with and circumstances associated with the use have not changed.
Extensions are 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.
(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 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;
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(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
administrator shall determine the maximum number of persons who may reside
at the facility.
(d) Submittal requirements. The sponsor and the managing agency (collectively "the
applicant") shall both sign an application for a conditional use permit approval of a
temporary housing facility. In addition to all other applicable submittal requirements
in Title 1 8 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 Title 1 8 JCC;
(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;
(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;
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(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
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 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 unpermitted occupation of the perimeter area of the
temporary facility use;
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(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;
(F) implementation of registered sex offender background checks and
compliance with applicable registration and notification requirements;
and
(G) a plan for managing individuals excluded or removed from a temporary
housing facility; and
(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"good neighbor" policy that sets out a plan for continuous engagement
with the community and a process for addressing grievances of temporary
facility residents, concerned neighbors, and citizens of the broader
community, and which will be:
I. developed through documented outreach to the adjacent
residents; and
II. presented to the board of county commissioners in a public
session that includes the opportunity for public comment; and
(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.
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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; and
VI. complying with terms of any"good neighbor"policy provisions
that apply to occupants of the temporary housing facility.
(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 administrator and serviced as often as necessary to
ensure sanitary conditions;
(C) hand-washing stations by the toilets and food preparation areas;
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(D) food handling and storage facilities meeting all public health
requirements (including those in Chapter 246-215 WAC and Title g
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; and
(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
(C) in the judgment of the on-duty point of contact or on-duty security
staff, the person rejected or ejected presents 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 administrator. The site shall be restored, as
near as possible, to the original condition, as identified in the site photos
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submitted with the application. Where deemed necessary by the administrator,
the operating entity shall re-plant areas in which vegetation has 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.O5 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 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 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 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 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.
(7) Standard Operating Procedures. The administrator is authorized to establish Standard
Operating Procedures to implement the requirements of this section.
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Section 7. Table 8-1 in JCC 18.40.040 is amended to read:
ionle 8-1. Permits - Decis,w),
Type I Type II Type III Type IV Type V
Septic permits Classification of Reasonable economic Final plats Special use permits.
unnamed and use variances under JCC under such as for siting
discretionary uses 22.25ri: Chapter essential public
Article II of Chapter iCJCC facilities under JCC
CC
A'lowed uses not requir Release of six-year FPA PRRDs under Article VI- Final PRRDs Jefferson County
notice of application moratorium for an M of Chapter 18,'5 JCC under Article Comprehensive Plan
'Yes''uses listed in Table 3- individual single-family and major amendments VI-M of amendments under
1 in JCC 18;5.040 building residence under JCC to PRRDs under JCC Chapter Chapter 13.45 JCC
permits,etc.) " 2'1; 16'5 le.i5jcc
Minor amendments to Cottage industries under Shoreline substantial Amendments to
planned rural residential JCC 1 7'.) development permits, development
developments(PRRDs) Temporary Housing conditional use permits. ‘.,.7ulations
under JCC " Facilities under JCC, and variance permits
18.20.385 under the Jefferson
County shoreline masTe-
orog-am(SMP)
16
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Brent Alfred Butler, Director, Department of Community Development(DCD)
Josh Peters, Planning Manager
Joel M. Peterson, Associate Planner
DATE: June 13, 2022
SUBJECT: Public Hearing re: Draft Temporary Housing Facilities Ordinance
STATEMENT OF ISSUE:
Beginning on June 1, 2022, the Board of County Commissioners ("BoCC") invited written public testimony
until the close of the June 13, 2022 public hearing regarding the Draft Temporary Housing Facilities, a
proposed ordinance amending the Unified Development Code ("UDC")to regulate the siting, establishment
and operation of temporary housing facilities in the County. The amendments address site planning,
construction, safety, and operational specifications for temporary housing facilities in conformity with the
responsibilities of Jefferson County to meet public health, safety and welfare requirements; and to 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 ordinance also repeals Interim Ordinance No. 08-1213-21 which
promulgated temporary regulations since December 2021.
Prior to this hearing, the BoCC accepted public comments on the Draft Temporary Housing Facilities
Ordinance in a publicly noticed May 23, 2022 workshop. Including among these comments were the
Jefferson County Planning Commission's recommendations. These recommendations were developed after a
public process including an open public comment period for 10 days, a public hearing before the Planning
Commission on May 4, 2022 and their May 18, 2022 deliberations leading to recommendations pursuant to
JCC 18.45.080.
ANALYSIS:
Like many communities across the United States, Jefferson County seeks to address housing issues and find
solutions for persons experiencing homelessness. "Homelessness includes those that are accommodated in
emergency shelters, stay temporarily with family or friends or other transitory housing, or are "unsheltered"
living on the streets, in forested areas, in vehicles or other conditions that do not provide safe shelter"
(Comprehensive Plan, Housing Element, Ch. 3, p.3-12).
On December 13, 2021, through Interim Ordinance 08-1213-21, the BoCC extended by six months, an
emergency land use control which established regulations for the siting, establishment, and operation of
temporary housing facilities. The final result is a set of amendments to the UDC, Title 18 Jefferson County
Code regarding temporary housing facilities. In this six-month extension, Community Development and the
Planning Commission conducted additional outreach with community stakeholders and provided
opportunity for public comment on a set of draft final regulations.
RECOMMENDATION:
After listening to a brief presentation by the Department of Community Development, open the public
hearing, accept public comment, close the public hearing, deliberate, and adopt as may be amended.
REVIEWED BY:
.,%/e
7,7Z -
Mark McCa , County Administrator Date