16.64.030 Requirements for approval

16.64.030 Requirements for approval.

The community and economic development director or designee may issue a temporary and revocable permit for a homeless encampment subject to the following criteria and requirements:

1. Ownership. The host agency shall submit documentation that it owns or has a leasehold interest in the subject property;

2. Size. The property must be sufficient in size to accommodate the residents and, for outside encampments, must have necessary on-site facilities including but not limited to the following:

a. Food tent and host tent;

b. Sanitary toilets in the number required to meet capacity guidelines;

c. Hand-washing facilities by the toilets and by any food areas; and

d. Refuse receptacles.

3. Water Source. The host agency shall provide an adequate water source to the homeless encampment as approved by the city.

4. Sensitive Areas. No homeless encampment shall be located within a sensitive or critical area or its buffer as defined under LMC Title 14.

5. Permanent Structures. No new permanent structures shall be constructed for the homeless encampment.

6. Limitation on Residents. No more than forty residents shall be allowed. The city may further limit the number of residents as site conditions dictate.

7. Parking. Adequate on-site parking shall be provided for the homeless encampment. No off-site parking will be allowed. Parking space for the number of vehicles used by homeless encampment residents and staff shall be provided. If the homeless encampment is located on a site with another use, it shall be shown that the homeless encampment will not create an undue shortage of on-site parking for the other use(s) on the property.

8. Public Transportation. Whenever possible, the homeless encampment should be located within one-quarter mile of a bus stop with service seven days per week. If not located within one-quarter mile of a bus stop, the host agency must demonstrate the ability for residents to obtain access to the nearest public transportation stop (such as carpools or shuttle buses).

9. Screening. The homeless encampment shall be adequately buffered and screened to be sight-obscuring from adjacent right-of-way and residential properties. Screening shall be a minimum height of six feet and may include, but is not limited to, a combination of fencing, landscaping, or the placement of the homeless encampment behind buildings. The type of screening shall be approved by the city.

10. Privacy for Sanitary Facilities. All sanitary portable toilets shall be screened from adjacent properties and rights-of-way. The type of screening shall be approved by the city and may include, but is not limited to, a combination of fencing and/or landscaping.

11. Distance Requirements to Sensitive Land Uses. Because a homeless encampment is a nontraditional living arrangement and therefore provides less privacy and more complex living arrangements than traditional homes, a distance requirement that provides visual separation and buffering from other sensitive land use activities is considered appropriate. To satisfy this concern, no shelter shall be permitted within three hundred feet of a licensed child daycare facility or any public or private pre-school or elementary, middle, or high school. However, in the event that a daycare or school is located within the property of a potential host agency, this requirement may be waived by the director if the owner of the daycare or school principal agrees to the waiving of the distance requirement.

1. Operations and Security Plan. An operations and security plan for the homeless encampment shall be submitted to the city at the time of application.

2. Code of Conduct. The host agency shall ensure that the homeless encampment has an enforceable code of conduct which, at a minimum, prohibits alcohol, nonprescribed drugs, weapons, violence, and open fires. The code of conduct should also address any other issues related to camp and neighborhood safety. A copy of the code of conduct shall be submitted to the city at the time of application.

3. In addition to the above standards, the host agency may adopt and enforce additional code of conduct conditions not otherwise inconsistent with this section.

C. Accommodating the Homeless Encampment Residents Indoors. In cases where the host agency and the camp residents determine it is practical or necessary to accommodate the camp inside existing church structures, the church shall have the option of making such a request to the city. Upon receiving a request to host the camp inside of existing buildings, the community and economic development director or designee may issue a temporary and revocable permit for an indoor encampment subject to the following criteria and requirements:

1. Compliance with Building Codes. An indoor encampment shall comply with the requirements of the city’s building codes. However, pursuant to RCW 19.27.042, the building official shall have the authority to exempt code deficiencies so long as such deficiencies pose no threat to human life, health, or safety.

2. Building Criteria. The buildings proposed for use shall be of sufficient size to accommodate the residents and must have necessary on-site facilities including but not limited to the following:

a. Adequate water supply;

b. Sanitary toilets in the number required to meet capacity guidelines;

c. Hand-washing facilities by the toilets and food areas;

d. Refuse receptacles; and

e. Kitchen facilities for food preparation;

f. All applicable health standards for providing and using such facilities shall be satisfied as required by the health department. (Ord. 1539 §107, 2019; Ord. 1410 §§1, 3 (part), 2013; Ord. 1346 §1, 2010; Ord. 1327 §1, 2009; Ord. 1326 §7, 2009; Ord. 1307 §5, 2008).