HomeMy WebLinkAboutord2020-053strikeIntroduction 10/13/2020
PROPOSED BY: COUNTY COUNCIL
INTRODUCTION DATE: OCTOBER 13, 2020
ORDINANCE NO.
(AN INTERIM ORDINANCE OF WHATCOM COUNTY, WASHINGTON)
ADOPTING INTERIM ZONING REGULATIONS FOR THE SITING, ESTABLISHMENT, AND
OPERATION OF TEMPORARY HOMELESS FACILITIES
WHEREAS, homelessness continues to be a local, regional and national challenge due to
many social and economic factors; and
WHEREAS, tent and tiny house 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 encampments to provide shelter for homeless
individuals on property that these religious organizations own or control; and
WHEREAS, on July 24, 2018, the Whatcom County Council adopted Ordinance 2018-041,
adopting interim regulations for the establishment and operation of temporary homeless facilities
for one year; and
WHEREAS, on November 6, 2019, the Whatcom County Council adopted Ordinance 2019-
074, extending Ordinance 2018-041 for one year and incorporating minor changes to the
definition of "temporary homeless facility" (Section 3) and finding alternative shelter for children
under the age of 18 without a parent or guardian present (Section 2.I.); and
WHEREAS, Ordinance 2019-074 is set to expire on November 6, 2020; and
WHEREAS the County Council finds that extending the interim regulations imposed by
Ordinance 2019-074 is necessary for the protection of public health and safety; and
WHEREAS, the Whatcom County Code does not currently have permanent provisions
addressing the establishment and operation of temporary homeless facilities; and
WHEREAS, interim homeless facility regulations and processing requirements are
necessary to preserve and protect public health and safety and prevent danger to public or
private property; and
WHEREAS, interim zoning controls enacted under RCW 36.70A.390 and/or RCW
36.70.790 are methods by which the County may preserve the status quo so that new plans and
regulations will not be rendered moot by intervening development; and
WHEREAS, RCW 36.70A.390 and RCW 36,70.790 both authorize the enactment of an
interim zoning map, interim zoning ordinance, or interim official control without holding a public
hearing as long as a public hearing is held within at least sixty days of enactment; and
WHEREAS, RCW 36.70A.390 provides that, "A county or city governing body that adopts
a moratorium, interim zoning map, interim zoning ordinance, or interim official control without
holding a public hearing on the proposed moratorium, interim zoning map, interim zoning
ordinance , or interim official control, shall hold a public hearing on the adopted moratorium,
interim zoning map, interim zoning ordinance , or interim official control within at least sixty days
of its adoption , whether or not the governing body received a recommendation on the matter
from the planning commission or department If the governing body does not adopt findings of
fact justifying its action before this hearing, then the governing body shall do so immediately
after this public hearing. A moratorium, interim zoning map, interim zoning ordinance, or interim
official control adopted under this section may be effective for not longer than six months, but
Page 1 of 8
may be effective for up to one year if a work plan is developed for related studies providing for
such a longer period. A moratorium, interim zoning map, interim zoning ordinance, or interim
official control may be renewed for one or more six-month periods if a subsequent public hearing
is held and findings of fact are made prior to each renewal"; 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 homeless facilities;
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
homeless facilities; and
WHEREAS, interim 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 homeless facilities; and
WHEREAS, interim 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 homeless facilities; and
WHEREAS, a determination of non -significance (DNS) was issued under the State
Environmental Policy Act (SEPA) on July 3, 2018; and
WHEREAS, the County Council concludes that the County does have the authority to
establish an interim zoning ordinance and that the County must adopt interim zoning concerning
the establishment and operation of temporary homeless facilities 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 homeless facilities 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 homeless facilities 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 RCW 36. 70A.390 and RCW 36.70.790.
Section 2. Regulations established. Regulations concerning the establishment and processing
of applications for temporary homeless facilities in unincorporated Whatcom County are
hereby established. Establishing such facilities contrary to the provisions of this ordinance is
prohibited. Administrative Use approvals shall be required for temporary homeless facilities in
the County. Applications for administrative use approvals, land use approvals, or any other
permit or approval, in any way associated with temporary homeless facilities, shall not be
processed, issued, granted, or approved unless in compliance with this ordinance. If a
temporary homeless facility is established in violation of this ordinance 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
ordinance or any condition of the permit, the temporary homeless facility, its sponsor and
managing agency shall be subject to code enforcement and all activities associated with the
temporary homeless facility shall cease, and the site shall be vacated and restored to its pre -
Page 2of8
encampment conditions.
Section 3. Definitions. The following definitions apply to temporary homeless facilities:
A. "Temporary homeless facility" means a facility providing temporary housing
accommodations that includes a sponsor and managing agency, the primary purpose of
which is to provide temporary shelter for people experiencing homelessness in general
or for specific populations of the homeless. Temporary homeless facilities include but
are not limited to temporary tent encampments and temporary tiny house
encampments.
B. "Temporary tent encampment" means a short-term living facility for a group of
homeless people that is composed of tents or other temporary structures, as approved
by the director, on a site provided or arranged for by a sponsor with services provided
by a sponsor and supervised by a managing agency.
C. "Temporary tiny house encampment" means a temporary homeless facility for a group
of people living in purpose-built tiny houses for people experiencing homelessness, as
approved by the director, on a site provided or arranged for by a sponsor with services
provided by a sponsor and supervised by a managing agency. Temporary tiny houses
for the homeless are typically less than 200 square feet and easily constructed and
moved to various locations. For the purposes of this ordinance, temporary tiny homes
are not dwelling units and, as such, are not required to meet building codes.
D. "Managing agency" means an organization identified as the manager of a temporary
homeless facility that has the capacity to organize and manage a temporary homeless
facility. Managing agencies are limited to religious organizations and non-profit
agencies. A "managing agency" may be the same entity as the sponsor.
"Sponsor " means an organization that :
1. invites a temporary homeless facility 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.
F. "Director" means the Planning and Development Services Department Director.
Section 4. Requirements. The following requirements shall apply to all temporary homeless
facilities approved under this ordinance, unless modified by the director through approval of
an administrative use permit.
A. The encampment shall be located a minimum of 20 feet from the property line of
abutting properties containing commercial, industrial, and multifamily residential uses.
The encampment shall be located a minimum of 40 feet from the property line of
abutting properties containing single-family residential or public recreational uses,
unless the director finds that a reduced buffer width will provide adequate separation
between the encampment and adjoining uses, due to changes in elevation, intervening
buildings or other physical characteristics of the site of the encampment.
B. No temporary homeless facility shall be located within a critical area or its buffer as
defined by Whatcom County Code (WCC) 16.16 or 23.
C. A temporary homeless facility shall comply with the applicable development standards
of Whatcom County Code Title 20 Zoning, except that temporary homeless facilities
Page 3 of 8
shall not be considered structures for the purposes of calculating parcel's total lot
coverage, as defined by WCC 20.97.217.
D. A six -foot -tall fence is required around the perimeter of the encampment to limit
access to the site for safety and security reasons; provided, that the fencing does not
create a sight obstruction at the street or street intersections or curbs as determined
by the county engineer, unless the director determines that there is sufficient
vegetation, topographic variation, or other site conditions such that fencing would not
be needed.
E. Exterior lighting must be directed downward and glare contained within the temporary
encampment.
F. The maximum number of residents at a temporary encampment site shall be
determined by the director taking into consideration site conditions, but in no case
shall the number be greater than fifty (50) people.
G. On -site parking of the sponsor shall not be displaced unless sufficient required off-
street parking remains available for the host's use to compensate for the loss of on -
site parking or unless a shared parking agreement is executed with adjacent
properties.
H. A transportation plan, including provisions for transit, and pedestrian and bicycle
ingress and egress to the encampment, shall be submitted for review and approval.
No children under the age of 18 are allowed to stay overnight in the temporary
encampment, unless accompanied by a parent or guardian. If a child under the age of
18 without a parent or guardian present attempts to stay at the encampment, the
sponsor and the managing agency shall actively endeavor to find alternative shelter for
the child through community partners such as Northwest Youth Services, Opportunity
Council, Lighthouse Mission, Interfaith Coalition and other appropriate homeless youth
services organizations. Children under the age of 18 without a parent or guardian
present shall be allowed to remain in a temporary encampment while alternative
shelter is being sought.
The sponsor or managing agency shall provide and enforce a written code of conduct,
which not only provides for the health, safety and welfare of the temporary
encampment residents, but also mitigates impacts to neighbors and the community. A
copy of the code of conduct shall be submitted to the County at the time of application
for the administrative use permit. Said code shall be incorporated into the conditions of
approval. The managing agency shall post the County approved written code of
conduct on site.
K. An operations plan must be provided that addresses site management, site
maintenance, and provision of human and social services. Individuals or organizations
shall have either a demonstrated experience providing similar services to homeless
residents; and/or certification or academic credentials in an applicable human service
field; and/or applicable experience in a related program with a homeless population.
Should an individual or organization not have any of the preceding qualifications,
additional prescriptive measures may be required to minimize risk to both residents of
the temporary homeless facility and the community in general.
L. The sponsor and the managing agency shall ensure compliance with Washington State
laws and regulations and the Whatcom County Health Department's regulations
concerning, but not limited to, drinking water connections, solid waste disposal, and
human waste. The sponsor and the managing agency shall permit inspections by local
agencies and/or departments to ensure such compliance and shall implement all
directives resulting therefrom within the specified time period.
Page 4 of 8
M. 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 from all property lines as
determined by the director;
3. Hand -washing stations by the toilets and food preparation areas;
4. Food preparation or service tents; and
5. Refuse receptacles.
N. 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.
O. The sponsor and the managing agency shall designate points of contact and provide
contact information (24 hour accessible phone contact) to the chief criminal deputy of
the 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 on -site daily and their contact information shall be provided to the Whatcom
County Sheriff's Office as described above.
P. Facilities for dealing with trash shall be provided on -site throughout the encampment.
A regular trash patrol in the immediate vicinity of the temporary encampment site shall
be provided.
Q. The sponsor and the managing agency shall take a+l-reasonable and legal steps to
obtain verifiable identification information (recognizing this may not be possible if a
homeless individual's identification documents have been lost or stolen), -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 current log
of names and dates of all people who stay overnight in the encampment. This log shall
be available upon request to law enforcement agencies and prospective encampment
residents shall be so advised by the sponsor and managing agency. Persons who have
active warrants, or who are required to register as sex offenders, are prohibited from
the encampment's location.
R. The sponsor and the managing agency shall immediately contact the Whatcom County
Sheriff's Office 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.
S. Tents over 300 square feet in size and canopies in excess of 400 square feet shall
utilize flame retardant materials.
T. The sponsor, the managing agency and temporary encampment residents shall
cooperate with other providers of shelters and services for homeless persons within the
County and shall make inquiry with these providers regarding the availability of
existing resources.
U. The sponsor and/or managing agency shall provide before -encampment photos of the
host site with the application. Upon vacation of the temporary encampment, all
temporary structures and debris shall be removed from the host site within one
calendar week.
V. Upon cessation of the temporary encampment, the site shall be restored, as near as
possible, to its original condition. Where deemed necessary by the director, the
Page 5 of 8
sponsor and/or managing agency shall re -plant areas in which vegetation had been
removed or destroyed.
Section 5. Frequency and duration of temporary homeless facilities.
A. No more than a maximum of 100 people may be housed in temporary homeless
facilities (encampments) located in the unincorporated County at any time. Multiple
encampment locations may be permitted provided that the aggregate total of people in
all temporary tent and/or tiny house encampments shall not exceed 100.
B. The director shall not grant a permit for the same site more than once in any calendar
year; provided that director is not authorized to issue a permit for the same site sooner
than 180 days from the date the site is vacated as provided for in Section 4 of this
ordinance.
C. Temporary tent encampments may be approved for a period not to exceed 180 190
days. The director may grant one 4-88190-day extension, provided all conditions have
been complied with and circumstances associated with the use have not changed. This
extension shall be subject to a Type II review process and may be appealed to the
hearing examiner as provided in WCC 22.05.020(1). The permit shall specify a date by
which the use shall be terminated and the site vacated and restored to its pre -
encampment condition.
D. Temporary tiny house encampments may be approved for a period of between six
months and up to one year, provided the sponsor and managing agency comply with
all permit conditions. The director may grant one or more extension(s) not to exceed
one additional year, provided enabling legislation allows so. Extensions are subject to a
Type II review process and may be appealed to the hearing examiner as provided in
WCC 22.05.020(1). The permit shall specify a date by which the use shall be
terminated and the site vacated and restored to its pre -encampment condition.
Section 6. Permit required. Establishment of a temporary homeless facility shall require
approval of an administrative use permit, as described in this ordinance, and compliance with
all other applicable County regulations. The director shall have authority to grant, grant
with conditions or deny an application for an administrative use permit under this ordinance.
Section 7. Application. Application for an administrative use permit shall be made on forms
provided by the County, and shall be accompanied by the following information; provided,
that the director may waive any of these items, upon request by the applicant and finding that
the item is not necessary to analyze the application. An application to establish a temporary
homeless facility shall be signed by both the sponsor and the managing agency ("applicant")
and contain the following:
A. A site plan of the property, drawn to scale, showing existing natural features, existing
and proposed grades, existing and proposed utility improvements, existing rights -of -
way and improvements, and existing and proposed structures, tents and other
improvements (including landscaping and fencing at the perimeter of the proposed
encampment and the property and off-street parking);
B. A vicinity map, showing the location of the site in relation to nearby streets and
properties;
C. A written summary of the proposal, responding to the standards and requirements of
this ordinance;
D. The written code of conduct, operations plan and a transportation plan as required by
this ordinance;
E. Statement of actions that the applicant will take reasonable steps to obtain verifiable
-I-I-
identification from aencampment residents and to use the identification to obtain sex
offender and warrant checks from appropriate agencies;
F. Project statistics, including site area, building coverage, number and location of tents
and temporary structures, expected and maximum number of residents, and duration
Page 6 of 8
of the encampment;
G. Address and parcel number of the subject property;
H. Photographs of the site;
I. A list of other permits that are or may be required for development of the property
(issued by the County or by other government agencies), insofar as they are known to
the applicant;
J. Permit fees for temporary homeless facilities shall be in accordance with WCC 22.25;
K. A list of any requirement under this ordinance for which the applicant is asking to
modify.
Section S. Permit Procedures.
A. Notice. All temporary homeless facility applications shall be reviewed under a Type II
process under WCC 22.05, except that the final decision must be rendered within 60
days of a determination of completeness. Additionally, the notice of application shall
contain proposed duration and operation of the temporary homeless facility, number of
residents for the encampment, and contain a County website link to the proposed
written code of conduct, operations plan and transportation plan for the facility.
B. Decision and Notice of Decision. Final action on permit applications made under this
section shall be in accordance with WCC 22.05. Before any such permit may be
granted, the applicant shall demonstrate and the director shall find consistency WCC
20.84.220 and the following:
1. The proposed use meets the requirements of this ordinance; and
2. Measures, including the requirements herein and as identified by the director,
have been taken to minimize the possible adverse impacts which the proposed
encampment may have on the area in which it is located. It is acknowledged
that not all impacts can be eliminated, however the risk of significant impacts
can be reduced to a temporary and acceptable level as the duration of the
encampment will be limited.
A notice of the decision shall be provided in accordance with WCC 22.05.
C. Conditions. Because each temporary 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 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 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
ordinance (except when allowed under subsection (D) of this section) or adequate
mitigation may not be feasible or possible, the director shall deny the application.
D. Modification of Requirements. The director may approve an administrative use permit
for a temporary encampment that relaxes one or more of the standards in this
ordinance only when, in addition to satisfying the decision criteria stated above, the
applicant submits a description of the standard to be modified and demonstrates how
the modification would result in a safe 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.
Page 7 of 8
E. Appeal. The director's decision may be appealed to the hearing examiner as provided
in WCC 22.05.020(1) and 22.05.160.
F. Revocation. The director shall also have the authority to revoke an approved
administrative use permit, pursuant to WCC 22.05.150 at any time a sponsor or
managing agency has failed to comply with the applicable provisions of this ordinance
or permit.
Section 9. Purpose. The purpose of this interim ordinance is to allow and establish a review
process for the location, siting, and operation of temporary homeless facilities within the
unincorporated County. While the interim ordinance is in effect, the County will study the land
use and other impacts associated with temporary homeless facilities, draft final zoning and
regulations to address such uses, hold public hearings on such draft regulations, and adopt
such regulations.
Section 10. Duration of Interim Ordinance. This interim ordinance will replace Ordinance
2019-074 and shall be in effect for one year beginning on October 27, 2020, and ending on
October 27, 2021, unless another ordinance is adopted amending the Whatcom County Code
and rescinding this interim ordinance before October 27, 2021.
Section 11. Work Plan. During the interim ordinance period, County staff will study the
issues concerning the establishment and operation of temporary homeless facilities. Staff will
prepare a draft ordinance with appropriate revisions to the County's land use regulations;
perform SEPA review of the draft ordinance, and conduct the public review process, including
public hearings before the County's Planning Commission and County Council, as required for
amendments to the County's development regulations.
Section 14. 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 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 section,
sentence, clause or phrase of this Ordinance.
ADOPTED this day of
ATTEST:
Dana Brown -Davis, Council Clerk
APPROVED as to form:
Karen Frakes (0910312020)
Civil Deputy Prosecutor
2020.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Barry Buchanan, Chairperson
( ) Approved ( ) Denied
Satpal Sidhu, Executive
Date:
Page 8of8