ORD 2015-10 RELATING TO TEMPORARY HOMELESS ENCAMPMENTSORDINANCE NO. 2015-10
AN ORDINANCE of the City of Bainbridge Island, Washington, relating to
Temporary Homeless Encampments; amending Chapter 18 of the Bainbridge
Island Municipal Code (BIMC).
WHEREAS, in 2010, the legislature codified RCW 35.21.915, which, among other
things, prevents cities from enacting ordinances or regulations or taking any other action that
imposes conditions other than those necessary to protect public health and safety and that do not
substantially burden the decisions or actions of a religious organization regarding the location of
housing or shelter for homeless persons on property owned by the religious organization;
WHEREAS, the City desires to enact this Ordinance to set forth the requirements for
issuance of a temporary use permit to an applicant wishing to host a homeless encampment;
WHEREAS, the standards and requirements set forth in this Ordinance are the minimum
necessary to protect the public health and safety and do not substantially burden the decisions or
actions of a religious organization regarding the location of housing or shelter for homeless
persons on property owned by the religious organization;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Section 18.09.020 of the Bainbridge Island Municipal Code is amended to
add "Temporary Homeless Encampment" to the permitted uses table as shown in Exhibit A.
Section 2. Section 18.09.030.J of the Bainbridge Island Municipal Code, Use Specific
Standards, is amended to add the following subsection:
8. Temporary Homeless Encampment
An application for a Temporary Homeless Encampment permit will be reviewed and decided
upon by the Director of Planning and Community Development (hereafter "'Director"), and must
meet the following standards.
a. A Temporary Homeless Encampment is only allowed on property in conjunction with a
Religious Facility. Are application for a homeless encampment must include a Religious
Facility or other comiraunity -based organization as a sponsor or managing agency.
b. The applicant shall submit an irrevocable, sikned, and notarized statement granting the
City permission to summarily rebate the temporary use and all physical evidence of that
use if it is not removed by the applicant within the period specified as part of the permit,
and agreeing to reimburse the City for any expenses incurred by the City in abating the
temporary use.
c. The encampment shall meet all setbacks for the zoning districts described in BIMC
18.12.020, The encampment shall be located a minimum of 20 feet from the propegy
e
line of abutting properties containing, residential uses,
d. The Director may require a sight- obscuring fence around the perimeter of the homeless
encampment unless it is determined that there is sufficient vegetation, topographic
variation or other site conditions such that fencing would not be needed.
e. Exterior lighting for the homeless encampment must meet the requirements of BIMC
18.15.040.
f. The maximum number of residents within a homeless encampment is 100.
g. Parking for five (5) vehicles shall be provided.
h. The applicant shalt submit a transportation plan which shall inclUde provision of transit
services. The homeless encampment shall be located within one -half (1/2) mile of transit
service.
i. No children under 18 are allowed in the homeless encampment. If a child under the age
of 18 attempts to stay at the homeless encampment, the managing__agency shall
immediately contact Child Protective Services.
j. No animals shall be ermitted in encampments except for service animals.
k. The applicant shall submit a code of conduct for the encampment and described how it is
to be enforced by the managing agency, The code shall contain the following as a
minimum:
i. No drugs or alcohol.
ii. No weapons.
iii. No violence,
iv. No open flames.
V. No loitering in the surrounding neighborhood.
vi, (Quiet hours,
1. The managing agency shall ensure compliance with Washington State and City codes
concerning: but not limited to drinking; water connections, hurnan waste, solid waste
disposal, electrical systems, and fire - resistant materials. The City shall coordinate review
of the Temporary Homeless Encampment perinit with the Kitsap Public Health District
and Bainbridge Island hire Department, The managnig agency shall permit daily
inspections by the City and /or Health Department to check compliance with the standards
for homeless encampments.
m. The managing a ency shall take all reasonable and leaps to obtain verifiable
identification from prospective encampment residents and use the identification to obtain
sex offender and warrant checks from the appropriate agency. All requirements by the
City of Bainbridge Island Police Department related to identified sex offenders or
prospective residents with warrants shall be met.
n. Homeless encampments may be a roved. for a time period not to exceed 92 days.
o, The City may grant a temporary use permit only if it finds that the proposal temporary
use will not be materially detrimental to the public welfare, or injurious to the property
improvements in the immediate vicinity.
p. There is no administrative appeal of the Director's decision for a temporary use permit.
The action of the Cily in granting or denying an application Linder this chapter may be
reviewed pursuant to the standards set forth in RCW 35.70C.130 in the Kitsap County
Superior Court. The land use petition must be filed within 21 calendar days of the
issuance of the final land use decision of the City. For more information on the judicial
process for land use decisions, see Chapter 36.70C RCW.
Section 3. Section 18.36.030 of the Bainbridge Island Municipal Code is amended to
add the following definitions:
Temporary Homeless Encampment
"Temporary Homeless Encampment" means a group of homeless persons temporarily
residing out of doors on a sitee, with services provided by a sponsor and supervised by a
managing agency,
Managing Agency
"Managing Agency" means an organization that has the capacity to organize and manage
a homeless encampment. A "managing agency" may be the same entity as the sponsor.
Sponsor
"Sponsor" means an entity that hati an agreement with the managing agency to provide
basic services and support for the residents of a homeless encampment and liaison with
the sui-rotinding, community and joins with the managing agency in an application for a
temporary use permit. A "sponsor" may be the same entity as the managing agency_
Section 4. This ordinance shall take effect and be in force July 7, 2015 following the end
of the State Environmental Policy Act (SEPA) appeal period.
PASSED BY THE CITY COUNCIL this 91h day of June, 2015.
APPROVED BY THE MAYOR this 91h day of June, 2015.
0 . A�'a
Anne S. Blair, Mayor
ATTEST /AUTHENTICATE:
Rosalind D. Lassoff, CMC, City Clerk
FILED WITH THE CITY CLERK: May 28, 2015
PASSED BY THE CITY COUNCIL: June 9, 2015
PUBLISHED: June 12, 2015
EFFECTIVE DATE: July 7, 2015
ORDINANCE NUMBER: 2015 -10
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