HomeMy WebLinkAboutord2018-039WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2018 182
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
6/12/2018
6/19/2018
Council
Division Head:
Dept. Head:
s
P7 "OSL'C7(l01':
✓
Purchasin /Budget
Executive:
TITLE OF DOCUMENT:
Emergency Ord. interim regs for siting and operation of homeless encampments
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( X ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
An emergency ordinance of Whatcom County, Washington relating to land use and zoning; declaring an emergency; adopting interim zoning
regulations for the siting, establishment, and operation of temporary tent emcampments; and setting twelve months as the effective period of the
interim zoing regulations to allow the County to study the land use impacts of such uses.
COMMITTEE ACTION:
COUNCIL ACTION.
6/19/2018: Amended and adopted 6 -0, Browne absent,
Ordinance 2018 -039
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number:
Ord. 2018 -039
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the County's website at. www.co.whatcom..wa.us /council.
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Emergency
For 6-19-2018
PROPOSED BY: COUNTY COUNCIL
INTRODUCTION DATE: JUNE 19, 2018
ORDINANCE NO. 2018 -039
(AN EMERGENCY ORDINANCE OF WHATCOM COUNTY, WASHINGTON)
ADOPTING EMERGENCY ZONING REGULATIONS FOR THE SITING,
ESTABLISHMENT, AND OPERATION OF TEMPORARY TENT ENCAMPMENTS
WHEREAS, homelessness continues to be a local, regional and national challenge
due to many social and economic factors; and
WHEREAS, tent encampments have become a temporary mechanism for providing
shelter for homeless individuals and families; and
WHEREAS, under RCW 36.01.290 the Washington State Legislature has authorized
religious organizations to host temporary tent encampments to provide shelter for homeless
individuals on property that these religious organizations own; and
WHEREAS, the Whatcom County Code does not currently have specific provisions
addressing the establishment and operation of temporary tent encampments; and
WHEREAS, an emergency exists necessitating adoption of interim tent encampment
regulations and processing requirements to preserve and protect public health and safety
and prevent danger to public or private property; and
WHEREAS, pursuant to WAC 197 -11 -880, the adoption of this ordinance is exempt
from the requirements of a threshold determination under the State Environmental Policy
Act (SEPA) and future permanent zoning regulations will be reviewed in accordance with
SEPA Rules; and
WHEREAS, in conformity with the responsibilities of Whatcom County to meet public
health, safety and welfare requirements and provide zoning and land use regulations
pursuant to state law, and the County's authority to regulate land use activity within its
corporate limits, the County intends to develop appropriate public health, safety and welfare
requirements and zoning and land use regulations for the establishment and operation of
temporary tent encampments; and
WHEREAS, the County Council has determined it needs additional time to conduct
appropriate research to analyze the effects of the establishment and operation of temporary
tent encampments; and
WHEREAS, emergency zoning will provide the County with additional time to review
and amend its public health, safety and welfare requirements and zoning and land use
regulations related to the establishment and operation of temporary tent encampments;
and
WHEREAS, emergency zoning will also allow qualifying religious organizations and
registered not- for - profit, tax exempt 501(c)(3) organizations the opportunity to establish
and operate temporary tent encampments; and
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WHEREAS, the County Council concludes that the County does have the authority to
establish an emergency zoning ordinance and that the County must adopt emergency
zoning concerning the establishment and operation of temporary tent encampments to act
as a stop- gap measure: (a) to provide the County with an opportunity to study the issues
concerning the establishment and operation of temporary tent encampments and
prepare appropriate revisions to the County's codes and regulations; (b) to protect the
health, safety, and welfare of the citizens of Whatcom County by avoiding and
ameliorating negative impacts and unintended consequences of establishing and
operating temporary tent encampments and (c) to avoid applicants possibly establishing
vested rights contrary to and inconsistent with any revisions the County may make to its
rules and regulations as a result of the County's study of this matter; and
WHEREAS, the County Council adopts the foregoing as its findings of facts justifying
the adoption of this Ordinance; and
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section- 1. Findings of Fact. The County Council adopts the above "WHEREAS" recitals
as findings of fact in support of its action as required by County Charter 2.40.
Section 2. Regulations established. Regulations concerning the establishment and
processing of applications for temporary tent encampments in unincorporated Whatcom
County are hereby established. Establishing such facilities contrary to the provisions of
this chapter is prohibited. Administrative Use approvals shall be required for temporary
tent encampments in the County. Applications for administrative use approvals, land use
approvals, or any other permit or approval, in any way associated with temporary tent
encampment facilities, shall not be accepted, processed, issued, granted, or approved
unless in compliance with this chapter. If a temporary tent encampment is established in
violation of this chapter or if, after an administrative use permit is issued for the same,
the director of the planning and development services department determines that the
permit holder has violated this chapter or any condition of the permit, the temporary
tent encampment, its sponsor and managing agency shall be subject to code
enforcement and all activities associated with the temporary tent encampment shall
cease, and the site shall be vacated and restored to its pre- encampment conditions.
Section 3. Definitions. The following definitions apply to temporary tent encampments:
A. "Temporary tent encampment" means a short -term residence facility for a group
of 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.
B. "Managing agency" means an organization identified as the manager of a
temporary tent encampment that has the capacity to organize and manage a
temporary tent encampment. A "managing agency" may be the same entity as
the sponsor.
C. "Sponsor " means an organization that
1. invites a temporary tent encampment to reside on land they own or lease;
and
2. is a State of Washington registered not - for - profit corporation and
federally recognized tax exempt 501(c)(3) organization; or
3. is recognized by the Internal Revenue Service as exempt from federal
income taxes as a religious organization, which expresses its religious
mission, in part, by organizing living accommodations for the homeless.
D. "Director" means the Planning and Development Services Department Director.
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I Section 4. Requirements. The following requirements shall apply to all temporary tent
2 encampments approved under this chapter, unless modified by the director through
3 approval of an administrative use permit.
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A.
The encampment shall be located a minimum of 20 feet from the property line of
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abutting properties containing commercial, industrial, and multifamily residential
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uses. The encampment shall be located a minimum of 40 feet from the property
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line of abutting properties containing single - family residential or public
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recreational uses, unless the director finds that a reduced buffer width will
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provide adequate separation between the encampment and adjoining uses, due
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to changes in elevation, intervening buildings or other physical characteristics of
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the site of the encampment.
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B.
No encampment shall be located within a critical area or its buffer as defined by
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Whatcom County Code (WCC) 16.16.
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C.
A six - foot -tall fencing is required around the perimeter of the encampment;
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provided, that the fencing does not create a sight obstruction at the street or
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street intersections or curbs as determined by the county engineer, unless the
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director determines that there is sufficient vegetation, topographic variation, or
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other site conditions such that fencing would not be needed.
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D.
Exterior lighting must be directed downward and glare contained within the
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temporary tent encampment.
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E.
The maximum number of residents at a temporary tent encampment site shall be
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determined by the director taking into consideration site conditions, but in no
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case shall the number be greater than 100 people.
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F.
On -site parking of the sponsor shall not be displaced unless sufficient required
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off- street parking remains available for the host's use to compensate for the loss
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of on- site parking or unless a shared parking agreement is executed with
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adjacent properties.
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G.
A transportation plan, including provisions for transit, and pedestrian and bicycle
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ingress and egress to the encampment, shall be submitted for review.and
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approval.
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H.
No children under the age of 18 are allowed to stay overnight in the temporary
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tent encampment, unless accompanied by a parent or guardian. If a child under
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the age of 18 without a parent or guardian present attempts to stay at the
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encampment, the sponsor and the managing agency shall immediately contact
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Child Protective Services and shall actively endeavor to find alternative shelter for
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the child.
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I.
The sponsor or managing agency shall provide and enforce a written code of
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conduct, which not only provides for the health, safety and welfare of the
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temporary tent encampment residents, but also mitigates impacts to neighbors
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and the community. A copy of the code of conduct shall be submitted to the
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County at the time of application for the administrative use permit. Said code
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shall be incorporated into the conditions of approval.
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J.
The sponsor and the managing agency shall ensure compliance with Washington
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State laws and regulations and the Whatcom County Health Department's
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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.
K. The sponsor and managing agency shall assure all applicable public health
regulations, including but not limited to the following, will be met for:
1. Potable water, which shall be available at all times at the site;
2. Sanitary portable toilets, which shall be set back at least 40 feet from all
property lines;
3. Hand - washing stations by the toilets and food preparation areas;
4. Food preparation or service tents; and
5. Refuse receptacles.
L. Public health regulations (WAC 246.215 and WCC 24.03) on food donations and
food handling and storage, including proper temperature control, shall be
followed and homeless encampment residents involved in food donations and
storages shall be made aware of these Whatcom County Health Department
requirements.
M. 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 Whatcom 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 onsite daily and their contact information
shall be provided to the Whatcom County Sheriff's Office as described above."
N. Facilities for dealing with trash shall be provided on -site throughout the
encampment. A regular trash patrol in the immediate vicinity of the temporary
tent encampment site shall be provided.
O. 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 encampment residents and use the identification to
obtain sex offender and warrant checks from appropriate agencies. The sponsor
and the managing agency shall keep a log of names and dates of all people who
stay overnight in the temporary tent encampment and shall advise prospective
encampment residents that this log will be available upon request to law
enforcement agencies. Persons who have active warrants, or who are required to
register as a sex offender, are prohibited from the encampment's location.
P. The sponsor and the managing agency shall immediately contact the Whatcom
County Sheriff's Department if someone is rejected or ejected from the
encampment when the reason for rejection or ejection is an active warrant or a
match on a sex offender check, or if, in the opinion of the on -duty point of
contact or on -duty security staff, the rejected /ejected person is a potential threat
to the community.
Q. Tents over 300 square feet in size and canopies in excess of 400 square feet shall
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1 utilize flame retardant materials.
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3 R. The sponsor, the managing agency and temporary tent encampment residents
4 shall cooperate with other providers of shelters and services for homeless
5 persons within the County and shall make inquiry with these providers regarding
6 the availability of existing resources.
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8 S. The sponsor and /or managing agency shall provide before - encampment photos of
9 the host site with the application. Upon vacation of the temporary tent
10 encampment, all temporary structures and debris shall be removed from the host
11 site within one calendar week.
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13 T. Upon cessation of the temporary tent encampment, the site shall be restored, as
14 near as possible, to its original condition. Where deemed necessary by the
15 director, the sponsor and /or managing agency shall re -plant areas in which
16 vegetation had been removed or destroyed.
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18 Section 5. Frequency and duration of temporary use. No more than a maximum of 100
19 people may be housed in temporary tent encampments located in the unincorporated
20 County at any time. Multiple locations may be permitted provided that the aggregate
21 total of people in all temporary tent encampments shall not exceed 100. The director
22 shall not grant a permit for the same site more than once in any calendar year; provided
23 that director is not authorized to issue a permit for the same site sooner than 180 days
24 from the date the site is vacated as provided for in Section 4 of this ordinance. .
25 Temporary tent encampments may be approved for a period not to exceed 90 days. The
26 director may grant one 90 -day extension, provided all conditions have been complied
27 with and circumstances associated with the use have not changed. This extension shall
28 be subject to a Type II review process and may be appealed to the hearing examiner as
29 provided in WCC 22.05.020(1). The permit shall specify a date by which the use shall be
30 terminated and the site vacated and restored to its pre- encampment condition.
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32 Section 6. Permit required. Establishment of a temporary tent encampment shall
33 require approval of an administrative use permit, as described in this ordinance, and
34 compliance with all other applicable County regulations. The director shall have
35 authority to grant, grant with conditions or deny an application for an administrative use
36 permit under this ordinance.
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39 Section 7. Application. Application for an administrative use permit shall be made on
40 forms prescribed by the County, and shall be accompanied by the following information;
41 provided, that the director may waive any of these items, upon request by the applicant
42 and finding that the item is not necessary to analyze the application. An application to
43 establish a temporary tent encampment shall be signed by both the sponsor and the
44 managing agency ( "applicant ") and contain the following:
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46 A. A site plan of the property, drawn to scale, showing existing natural features,
47 existing and proposed grades, existing and proposed utility improvements,
48 existing rights -of -way and improvements, and existing and proposed structures,
49 tents and other improvements (including landscaping and fencing at the
50 perimeter of the proposed encampment and the property and off - street parking);
51 B. A vicinity map, showing the location of the site in relation to nearby streets and
52 properties;
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I
C.
A written summary of the proposal, responding to the standards and
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requirements of this ordinance;
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D.
The written code of conduct and a transportation plan as required by this
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ordinance;
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E.
Statement of actions that the applicant will take to obtain verifiable identification
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from all encampment residents and to use the identification to obtain sex
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offender and warrant checks from appropriate agencies;
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F.
Project statistics, including site area, building coverage, number and location of
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tents and temporary structures, expected and maximum number of residents,
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and duration of the encampment;
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G.
Address and parcel number of the subject property;
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H.
Photographs of the site;
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I.
A list of other permits that are or may be required for development of the
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property (issued by the County or by other government agencies), insofar as
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they are known to the applicant;
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J.
Permits for temporary tent encampments shall be processed by the County
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without charge;
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K.
A list of any requirement under this ordinance for which the applicant is asking to
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modify.
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Section S. Decision and appeal.
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A.
Notice. All temporary tent encampment applications shall be reviewed under a
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Type II process under WCC 22.05.020(1), however, the following timelines shall
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override those found in WCC Title 22. Within fourteen calendar days of receiving
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a completed application, the department shall issue a determination of
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completeness or incompleteness. Within fourteen days of a determination of
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completeness the department shall publish a notice of application for an
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administrative use permit. The notice shall contain, at a minimum, the date of
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application, project location, proposed duration and operation of the temporary
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tent encampment, number of residents for the encampment, conditions that will
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likely be placed on the operation of the encampment, and requirements of the
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written code of conduct. Final action on permit applications made under this
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section shall be rendered within 60 days of determination of completeness.
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B.
Decision and Notice of Decision. After conclusion of a 14- calendar -day
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notice /comment period, the director shall decide whether to grant, grant with
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conditions or deny a temporary administrative use permit. Before any such
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permit may be granted, the applicant shall show and the director shall find that:
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1. The proposed use will not be materially detrimental to the public welfare
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or injurious to the property or improvements in the vicinity of the
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proposed encampment;
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2. The proposed use meets the requirements of this ordinance;
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3. The proposed use shall be in keeping with the goals and policies of the
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comprehensive plan;
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4. Measures, including the requirements herein and as identified by the
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director, have been taken to minimize the possible adverse impacts which
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the proposed encampment may have on the area in which it is located. It
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is acknowledged that not all impacts can be eliminated, however the risk
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of significant impacts can be reduced to a temporary and an acceptable
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level and the duration of the encampment will be limited.
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A notice of such decision stating whether the permit is granted or denied,
along with information regarding the procedure for appeal of the decision,
shall be mailed as required for the notice of application within three business
days after the date of the decision. If issued, the administrative use permit
for the temporary tent encampment shall be issued jointly to the sponsor and
managing agency and each shall be responsible for compliance with the terms
and conditions of the permit and applicable county codes.
C. Conditions. Because each temporary tent encampment has unique
characteristics, including, but not limited to, size, duration, uses, number of
occupants and composition, the director shall have the authority to impose
conditions on the approval of an administrative use permit to ensure that the
proposal meets the criteria for approval listed above. Conditions, if imposed,
must be intended to minimize nuisance - generating features such as noise,
waste, air quality, unsightliness , traffic, physical hazards and other similar
impacts that the temporary tent encampment may have on the area in which it is
located. In cases where the application for an administrative use permit does not
meet the provisions of this chapter (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 tent encampment that relaxes one or more of the
standards in this chapter only when, in addition to satisfying the decision criteria
stated above, the applicant submits a description of the standard to be modified
and demonstrates how the modification would result in a safe encampment with
minimal negative impacts to the host community under the specific
circumstances of the application. In considering whether the modification should
be granted, the director shall first consider the effects on the health and safety of
encampment residents and the neighboring communities. Modifications shall not
be granted if their adverse impacts on encampment residents and /or neighboring
communities will be greater than those without modification. The burden of proof
shall be on the applicant.
E. Appeal. The director's decision may be appealed to the hearing examiner as
provided in WCC 22.05.020(1).
Section 9. Purpose. The purpose of this emergency zoning ordinance is to allow and
establish a review process for the location, siting, and operation of temporary tent
encampments within the unincorporated County. While the emergency zoning ordinance
is in effect, the County will study the land use and other impacts associated with
temporary tent encampments, draft final zoning and regulations to address such uses,
hold public hearings on such draft regulations, and adopt such regulations.
Section 10. Declaration of Emergency. The County Council hereby declares that an
emergency exists necessitating that this emergency ordinance take effect immediately
upon passage by a two - thirds vote of the County Council as required by County Charter
Section 2.40. Without an immediate emergency zoning ordinance establishing standards
for the review of applications for the siting and operation of temporary tent
encampments , such facilities could be submitted and become vested , leading to the
development or use of property that is incompatible with the laws adopted by Whatcom
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County. Therefore, this emergency zoning ordinance must be imposed as an emergency
measure to protect the public health, safety and welfare, and to prevent the submission
of applications to the County in an attempt to vest rights for an indefinite period of time.
Section 11. Effective Date. This ordinance shall take effect immediately upon passage
and shall be in effect for sixty (60) days, as set forth herein, as long as it is approved by
a two - thirds vote of the County Council, as required by County Charter Section 2.40.
Section 12. Conflict with other Whatcom County Code Provisions. If the provisions of
this ordinance are found to be inconsistent with other provisions of the Whatcom County
Code, this ordinance shall control.
Section 13. 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 section, sentence, clause or phrase of this ordinance.
ADOPTED this 19th day Of June , 2018.
WHATCOM COUNTY COUNCIL
WHATCOM CIRONft"WQV`HINGTON
ATTEST:
Dana Orowp- Davis; cil C
!� n�lerk
APPROV69 as to Poring
C' y >Prosecutor
Rud Browne, Chairperson
pproved_ O Den' d
Jack Louws
Date:
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