Chapter 18.170


18.170.010    Title.

18.170.020    Application.

18.170.030    Purpose.

18.170.040    Authority.

18.170.050    Temporary construction buildings.

18.170.060    Temporary real estate office.

18.170.070    Temporary use of trailer as residence.

18.170.080    Temporary homeless encampments.

18.170.010 Title.

This chapter shall be entitled “Temporary Uses.” [Ord. 1591 § 364, 2014.]

18.170.020 Application.

This chapter shall apply to the temporary structures specifically described in this chapter. [Ord. 1591 § 365, 2014.]

18.170.030 Purpose.

The purpose of this chapter is to allow certain temporary structures to accommodate storage, construction and residential requirements. [Ord. 1591 § 366, 2014.]

18.170.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws. [Ord. 1591 § 367, 2014.]

18.170.050 Temporary construction buildings.

Temporary structures for the housing of tools and equipment, or containing supervisory offices in connection with construction projects may be established and maintained during the progress of such construction on such projects, and shall be abated within 30 days after completion of the project, or 30 days after cessation of work. [Ord. 1591 § 368, 2014.]

18.170.060 Temporary real estate office.

One temporary real estate sales office may be located on any new subdivision in any zone; provided, the activities of such office shall pertain only to the initial selling of property within the subdivision upon which the office is located. [Ord. 1591 § 369, 2014.]

18.170.070 Temporary use of trailer as residence.

After a building permit has been issued and a residence is in the process of being constructed, a trailer as defined in this Title may be located upon a site for the temporary use by the owner of such property as a residence for a period of six months; provided, such trailer remains mobile; and provided further, that a permit is obtained from the Planning, Building and Public Works Department to ensure compliance with this code as to yards and to local health department requirements. In cases where substantial progress is shown on the construction of the residence and additional time is needed to complete the work, a permit may be renewed for one additional six-month period. Upon the expiration of the permit, the use of the trailer as a residence shall be discontinued. [Ord. 1591 § 370, 2014.]

18.170.080 Temporary homeless encampments.

(1) Temporary Homeless Encampment Use Permit. Temporary homeless encampments are allowed pursuant to a temporary homeless encampment use permit, which shall be a Type I land use decision reviewed and issued pursuant to chapter 18.20 DMMC and the following conditions:

(a) An application for a temporary homeless encampment use permit shall include a religious organization as a sponsor or managing agency and must be located on real property owned or controlled by the religious organization. The managing agency shall be responsible for complying with the following conditions:

(i) The managing agency and temporary encampment sponsor shall submit a complete application for a temporary encampment permit at least 75 days before any occupancy by the temporary encampment;

(ii) The managing agency shall ensure compliance with Washington State and City codes concerning but not limited to drinking water connections, human waste, solid waste disposal, electrical systems, and fire resistant materials;

(iii) The managing agency shall take all reasonable and legal steps 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 Des Moines Police Department related to identified sex offenders or prospective residents with warrants shall be met; and

(iv) The managing agency shall permit inspections by the City, South King County Fire and Rescue and/or health department to check compliance with the standards for temporary homeless encampments.

(b) Site Requirements. All temporary homeless encampments shall comply with the following site requirements:

(i) The encampment shall be located a minimum of 40 feet from the property line of abutting properties containing residential uses and 20 feet from commercial properties;

(ii) Sight-obscuring fencing shall be required around the perimeter of the temporary homeless encampment unless the Planning, Building and Public Works Director determines that there is sufficient vegetation, topographic variation, or other site conditions such that fencing would not be needed;

(iii) Exterior lighting shall be directed downward and contained within the temporary homeless encampment;

(iv) Tents, membrane structures, or canopies in excess of 400 square feet as defined by the International Fire Code shall require a permit and approval from the fire marshal;

(v) A designated smoking area shall be provided on site and in a location that results in the least impact on neighboring properties;

(vi) Garbage and recycling containers shall be provided on site and collected and emptied a minimum of once per week and each site shall be cleared of all debris and litter within five days of when the temporary homeless encampment moves from the site;

(vii) Temporary homeless encampments shall comply with all applicable standards of the Seattle-King County public health department; and

(viii) Temporary homeless encampments shall not be located within 1,000 feet of an elementary or secondary school.

(c) The maximum number of residents within a temporary homeless encampment is 100; however, this number may be limited as site conditions dictate and as deemed appropriate by South King County Fire and Rescue and/or the Des Moines Police Department.

(d) Parking.

(i) Parking for a minimum of five vehicles and vehicle maneuvering area shall be provided; and

(ii) Parking of vehicles associated with a temporary homeless encampment, and the temporary homeless encampment itself, shall not displace the sponsor’s off-street parking in such a way that the sponsor’s site no longer meets the minimum required parking of the principal use as required by chapter 18.210 DMMC or previous approvals, unless an alternative parking plan is approved by the City Manager or the City Manager’s designee.

(e) Transportation Plan. A transportation plan shall be submitted with the permit application demonstrating:

(i) Reasonable access to methods of communication and services such as groceries, supplies and medical care; and

(ii) Access to public transit services and any alternative means of transportation such as private or volunteer shuttle service and reasonable bicycle and pedestrian paths.

(iii) The temporary homeless encampment shall be located within one-half mile of transit service.

(f) No children under 18 years of age are allowed in the temporary homeless encampment. If a child under the age of 18 attempts to stay at the temporary homeless encampment, the managing agency shall immediately contact the Washington State Department of Social and Health Services Child Protective Services.

(g) No animals shall be permitted in encampments except for service animals.

(h) A code of conduct is required to be enforced by the managing agency. The code shall contain the following as a minimum:

(i) No illegal drugs or alcohol.

(ii) No weapons.

(iii) No violence.

(iv) No open flames.

(v) No loitering in the surrounding neighborhood.

(vi) No trespassing into private property in the surrounding neighborhood is permitted.

(vii) No littering on the temporary encampment site or in the surrounding neighborhood is permitted.

(viii) No convicted sex offender shall reside in the temporary encampment.

(ix) Quiet hours shall be from 7:00 p.m. to 7:00 a.m.

(i) The Fire Department shall do an initial fire inspection and safety meeting at the inception of the temporary encampment.

(j) Upon determination that there has been a violation of any condition of approval, the code official may give written notice to the permit holder describing the alleged violation. Within five days of the mailing of notice of violation, the permit holder shall show cause why the permit should not be revoked. At the end of the five-day period, the code official shall sustain or revoke the permit. When a temporary encampment permit is revoked, the code official shall notify the permit holder by certified mail of the revocation and the findings upon which revocation is based. Appeals of decisions to revoke a temporary encampment permit will be processed pursuant to chapter 36.70C RCW.

(2) Temporary Homeless Encampment Frequency and Duration of Temporary Use. The City may not grant a temporary homeless encampment use permit to a religious organization or managing agency more frequently than once in every 365-day period. The City may only grant a temporary homeless encampment use permit for a specified period of time, not to exceed 92 days. Only one homeless encampment shall be permitted within the City in a 365-day period.

(3) Notice Requirements for Temporary Homeless Encampments.

(a) Applicability. The following notice requirements apply to all locations for temporary homeless encampments.

(b) Public Meeting. A minimum of 14 calendar days prior to the anticipated start of the encampment, the sponsor and/or managing agency shall conduct a public informational meeting by providing mailed notice to owners of property within 1,000 feet of the subject property and residents and tenants adjacent to the subject property. The purpose of the meeting is to provide the surrounding community with information regarding the proposed duration and operation of the temporary homeless encampment, conditions that will likely be placed on the operation of the temporary homeless encampment, requirements of the written code of conduct, and to answer questions regarding the temporary homeless encampment.

(c) A notice of application for temporary homeless encampment shall be provided prior to the Planning, Building and Public Works Director’s decision. The purpose of the notice is to inform the surrounding community of the application. Due to the administrative and temporary nature of the permit, there is no comment period. The notice shall contain at a minimum the date of application, project location, proposed duration and operation of the temporary homeless encampment, conditions that will likely be placed on the operation of the temporary homeless encampment, requirements of the written code of conduct, and how to get more information (i.e., City website). The Planning, Building and Public Works Department shall distribute this notice as follows:

(i) The notice, or a summary thereof, will be published in the official newspaper of the City at least seven calendar days prior to the Planning, Building and Public Works Director’s decision.

(ii) Additional Mailed Notice. The requirements for mailed notice of the application set forth in DMMC 18.20.130(5) shall be expanded to include owners of real property within 1,000 feet of the project site. Prior to the decision of the Director on a temporary encampment permit, the encampment managing agency or sponsor shall meet and confer with the administration of any public or private elementary, middle, junior high or high school within 1,000 feet of the boundaries of the proposed temporary encampment site, and shall meet and confer with the operators of any known child care service within 1,000 feet of the boundaries of the proposed temporary encampment site. The managing agency or sponsor and the school administration and/or child care service operator shall make a good faith effort to agree upon any additional conditions that may be appropriate or necessary to address school and/or child care concerns regarding the location of a temporary encampment within 1,000 feet of such a facility. Any such conditions agreed upon between the parties shall be submitted to the Director for consideration for inclusion within the temporary encampment permit. In the event the parties fail to agree on any conditions, either party may provide the Director with a written summary of the parties’ discussions, which the Director may consider in evaluating whether the criteria for the temporary encampment permit are met, or the need for additional conditions upon the temporary encampment permit based on the applicable decision criteria.

(iii) The notice will be posted on the City’s website.

(iv) If 1,000 feet includes another jurisdiction, the City shall notify the chief executive officer of that city.

(d) A notice of decision for temporary homeless encampment, or summary thereof, shall contain the decision of the Planning, Building and Public Works Director and appeal procedure and be distributed as required for notice of application within four business days after the decision.

(4) Option to Modify Standards for Temporary Homeless Encampments. The applicant may apply for a temporary homeless encampment use permit that applies standards that differ from those in subsection (1) of this section. If a modification is proposed, the application will be processed as a Type I land use action pursuant to chapter 18.20 DMMC. In addition to all other permit application requirements, the applicant shall submit a description of the standard to be modified and shall demonstrate how the modification will result in a safe temporary homeless encampment under the specific circumstances of the application. In considering whether the modification should be granted, the Planning, Building and Public Works Director shall consider the effects on health and safety of residents and the community. [Ord. 1628 §§ 3 – 6, 2015.]