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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 0 1 V ;�= N O C5 ,0 M 19 a cd de 1` Nye e 1 • • H eu ` • N F- F- F- F- F-I . Z F- F- F- F- F-I ° • U) F- ' U) a`) - F- F- F- F- F- F- F- F-I 1 D L LL C F- F-I a F-I F- a F- F- F-I F-I �M H , roc E5 a rn • a m 0 a) N 1 0 U) a) E _ cu ` 1 V F- c a0`� LU ° 0 c a�'i 1 (co c E u) E 0 0 0 a) 0 m 0 ° U) O U U U a LL Z cA 2 c • e ca co E • � O Q m z V a c` a m d m � Q N m rn n.5 m m °a a 0 E z W E E E E EY .5 E-?5 E E a� .. N F- a) F- a) F- a) @ CD a) ca d a) m I F- a a) F- a) c F- W s W