Chapter 17.56
TEMPORARY USES
Sections:
17.56.010 Temporary construction buildings.
17.56.020 Temporary construction signs.
17.56.030 Temporary real estate office.
17.56.040 Temporary real estate signs.
17.56.050 Temporary use permits decision and appeal processes.
17.56.060 Homeless encampments.
17.56.010 Temporary construction buildings.
Temporary structure for the housing of tools and equipment, or containing supervisory offices in connection with major 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. 1405 § 2, 1999).
17.56.020 Temporary construction signs.
Signs identifying persons engaged in construction on a site shall be permitted as long as construction is in progress, but not to exceed a six-month period. (Ord. 1405 § 2, 1999).
17.56.030 Temporary real estate office.
One temporary real estate sales office may be located on any new subdivision in any zone; provided the activities of the office shall pertain only to the selling of lots within the subdivision upon which the office is located; and provided further, that if the subdivision is in any RS or RM zone the temporary real estate office shall be removed at the end of a 12-month period measured from the date of the recording of the final plat upon which the office is located. (Ord. 1405 § 2, 1999).
17.56.040 Temporary real estate signs.
Two temporary real estate signs or billboards, not to exceed 50 square feet in area per face, or one sign or billboard not to exceed an area of 100 square feet of face may be located on any new subdivision in any zone; provided such signs or billboards, if in an RS or RM zone, shall be removed at the end of a 12-month period measured from the date of the recording of the final plat upon which the real estate signs or billboards are located. (Ord. 1405 § 2, 1999).
17.56.050 Temporary use permits decision and appeal processes.
Any person seeking to erect or occupy a temporary use or sign shall first obtain a temporary use permit. Application shall be on forms supplied by the applicable department. The city will review the application as a Process Type I decision (Chapter 17.71 MMC, Permit Decision and Appeal Processes). (Ord. 1741 § 25, 2009).
17.56.060 Homeless encampments.
A. Definitions. For the purposes of this chapter, the words and phrases used in this section shall have the following meanings unless the context otherwise indicates:
1. “Homeless encampment” means an emergency temporary homeless encampment, hosted by a religious or civic organization, which provides temporary housing to homeless persons outdoors at the host agency’s property using tents and other forms of portable shelter that are not permanently attached to the ground.
2. “Host agency” means the religious or civic organization that owns the property or has an ownership interest in the property that is the subject of an application for a city temporary encampment permit for providing basic services and support to emergency temporary homeless encampment residents, such as hot meals and coordination of other needed donations and services.
3. “Sponsoring agency” means an organization that assists the host agency and joins in an application with a host agency for a city temporary encampment permit and assumes responsibility for providing basic services and support to homeless encampment residents, such as hot meals and coordination of other needed donations and services. A sponsoring agency may be the same organization as the host agency.
4. “Temporary shelter” means an encampment set up by an institution or nonprofit agency for the protection of homeless people on a temporary basis.
B. Who May Apply. Homeless encampments shall be permitted as an accommodation of religious, humanitarian or charitable exercise by a host agency and sponsoring agency. Each host agency and sponsoring agency shall jointly apply for a permit under this section and shall jointly certify compliance with all applicable requirements for approval and conditions of this chapter and the application.
C. Purpose. To provide within the Milton Municipal Code an equitable process with reasonable conditions and an associated permit to meet the need for temporary shelter for local homeless persons consistent with state and federal mandates and laws including the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), temporary encampment permit and regulations for the same are hereby established. A temporary encampment permit shall be required for homeless encampment in the city.
D. Applicable Procedures. A temporary encampment permit is a Process Type II administrative decision. In addition to the requirements for administrative decisions found elsewhere in the Milton Municipal Code, the following procedures apply (in the event of conflict, the provisions in subsections A through E of this section shall control):
1. Notice and Informational Meeting Required. The host agency and/or sponsoring agency shall conduct at least one informational meeting within, or as close to, the location where the proposed homeless encampment will be located, within 20 days after submittal of the application for a temporary use permit to the city. The time and location of the meeting shall be transmitted to all property owners within 1,000 feet of the proposed homeless encampment by mail 10 days in advance of the meeting by the host agency and/or sponsoring agency. In lieu of notice by mail, an alternative means of notice may be provided that is reasonably calculated to notify the neighboring property owners within 1,000 feet of the proposed encampment.
2. Signs Required. The applicant shall also provide notice of the meeting within the same timeframe identified above by posting two signs or placards on the site or in a location immediately adjacent to the site that provides readability of the signs to motorists using adjacent streets.
3. Newspaper Notice. The applicant shall also provide advance notice of the meeting in at least one paper of general circulation within the city.
4. Submittal Required. The host agency and sponsoring agency shall notify the city of the proposed homeless encampment a minimum of 30 days in advance of the proposed date of establishment for the encampment. The advance notification shall be in the form of an application for a temporary encampment permit and shall contain the following information:
a. The date the homeless encampment will commence;
b. The length of encampment;
c. The maximum number of residents proposed;
d. The host location;
e. The names of the host and sponsoring agencies;
f. The manner in which the homeless encampment will comply with the requirements of this chapter;
g. Site plan showing, but not limited to, the following:
i. Method and location of required screening.
ii. Location of food and security tent.
iii. Method and location of potable water.
iv. Method and location of waste receptacles.
v. Location of required sanitary stations including toilets and hand washing facility.
vi. Location of on-site parking and number of vehicles associated with the encampment.
vii. General location or arrangement of tents.
viii. Access routes for emergency vehicles.
h. Required security plan; and
i. Code of conduct.
E. Criteria/Requirements for Approval. The land use administrator or their designee may issue a temporary permit for a homeless encampment subject to the following criteria and requirements:
1. Site Criteria.
a. If the sponsoring agency is not the host agency of the site, the sponsoring agency shall submit a written agreement from the host agency allowing the homeless encampment and clarifying the obligations of the sponsoring agency.
b. The property must accommodate the tents and necessary on-site facilities, including, but not limited to, the following:
i. Sanitary portable toilets in the number required to meet capacity guidelines by the manufacturer;
ii. Self-contained hand washing stations by the toilets and by the food areas;
iii. Refuse receptacles; and
iv. Food tent and security tent.
c. The host and sponsoring agencies shall provide a water source to the homeless encampment.
d. No homeless encampment shall be located within a sensitive/critical area or its buffer as defined under Chapter 18.16 MMC.
e. No permanent structures will be constructed for the homeless encampment.
f. No more than 40 residents shall be allowed at any one encampment. The city may further reduce the number of residents as site conditions dictate. The director shall have the authority to increase the number of residents by 15 percent as site conditions dictate.
g. Adequate on-site parking, at least five parking spaces, shall be provided for the homeless encampment. The number of estimated vehicles used by encampment residents shall be provided in the permit application. If the homeless encampment is located on a site that has another preexisting use, it shall be shown that the encampment parking will not create a shortage of required on-site parking for the other use(s) on the property.
h. The homeless encampment shall be located within a quarter mile of a bus stop with six days per week service, whenever possible. If not located within a quarter mile of a bus stop, the host or sponsoring agency must demonstrate the ability for residents to obtain access to the nearest public transportation stop (such as carpools or shuttle buses).
i. The homeless encampment and sanitary portable toilets shall be screened from adjacent right-of-way and residential properties. Screening shall be sight-obscuring and a minimum height of six feet and may include, but is not limited to, a combination of fencing, landscaping, or the placement of the homeless encampment behind buildings.
j. The homeless encampment shall be located a minimum of 20 feet from the property line of abutting properties containing commercial or industrial uses. The homeless encampment shall be located a minimum of 30 feet from the property line of abutting properties containing residential 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 building or other physical characteristics of the site of the encampment.
k. All tents or temporary facilities that are used by the populace of the homeless encampment shall be centrally located, as well as screened and buffered.
2. Security.
a. An operations and security plan for the homeless encampment shall be submitted to the city at the time of application.
b. The host agency shall provide to all residents of the encampment a code of conduct for living at the homeless encampment. A copy of the code of conduct shall be submitted to the city at the time of application.
The code of conduct shall provide for the health, safety and welfare of the homeless encampment residents and mitigation of impacts to neighbors and the community.
c. The host, sponsoring agency and homeless encampment residents shall ensure compliance with applicable state statutes and regulations and local ordinances concerning, but not limited to, drinking water connections, solid waste disposal, human waste, electrical systems, and fire resistant materials.
d. The host or sponsoring agency shall keep a log of all people who stay overnight in the encampment, including names and birth dates, and dates of stay. Logs shall be kept a minimum of six months.
e. The host or sponsoring agency shall take all reasonable and legal steps to obtain verifiable ID, such as a driver’s license, government-issued identification card, military identification, or passport from prospective and existing encampment residents.
f. The host or sponsoring agency will use identification and take all reasonable and legal steps to obtain sex offender and warrant checks from the Washington State Patrol, the county sheriff’s office, or other law enforcement agency of competent jurisdiction.
i. If said warrant and sex offender checks reveal either (A) an existing or outstanding warrant from any jurisdiction in the United States for the arrest of the individual who is the subject of the check; or (B) the subject of the check is a sex offender, required to register with the county sheriff or their county of residence pursuant to RCW 9A.44.130, then the host or sponsoring agency shall respond according to and comply with requirements of the law.
ii. The host or sponsoring agency shall immediately contact the Milton police department if someone is rejected or ejected from the homeless encampment where 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 host, sponsoring agency or “on-duty” encampment manager, the rejected/ejected person is a potential threat to the community.
g. The host or sponsoring agency shall self-manage residents of the homeless encampment.
h. The host or sponsoring agency will appoint a designated representative to serve “on-duty” as an encampment manager at all times to serve as a point of contact for the police department and will orient the police as to how the security tent operates. The names of the on-duty designated representative will be posted daily in the security tent. The city shall provide contact numbers of nonemergency personnel which shall be posted at the security tent.
i. Minors may be allowed in a temporary homeless encampment, provided they are accompanied by a legally recognized guardian of majority age.
3. Timing.
a. The duration of the temporary homeless encampment shall not exceed 90 days, to start on the first day of occupation of the encampment.
b. No additional homeless encampments may be allowed by the host agency at the same location, regardless of parcel boundaries, in any 12-month period beginning on the date the homeless encampment locates on a parcel of property.
c. No more than one homeless encampment may be located in the city at any time.
4. Health and Safety.
a. Given the density and abundance of flammable materials at homeless encampments, homeless encampments shall conform to the following fire requirements:
i. There shall be no open fires for cooking without preapproval by the fire department and no open fires for heating;
ii. No heating appliances within the individual tents are allowed without preapproval by the fire department;
iii. No cooking appliances other than microwave appliances are allowed in individual tents;
iv. An adequate number, with appropriate rating, of fire extinguishers shall be provided as approved by the fire department;
v. Adequate access for fire and emergency medical apparatus shall be provided, and remain clear for the duration of the homeless encampment. This shall be determined by the fire department;
vi. Adequate separation between tents and other structures shall be maintained as determined by the fire department;
vii. Electrical service shall be in accordance with recognized and accepted practice. Electrical cords must be approved for exterior use; and
viii. Applicable requirements of the state building code.
Approval and determination by the fire department for the above requirements shall be consistent with the goals, purpose and intent of the state building code.
b. The host agency and sponsoring agency shall permit reasonable inspections by city staff, the county health department and any local, state or federal agency having jurisdiction to determine compliance with the conditions of the temporary homeless encampment permit. The host agency and sponsoring agency shall implement all directives resulting from such inspections within 48 hours, unless otherwise noted.
5. Director’s Decision.
a. Purpose. The community development director shall review the proposal to ensure compliance with the provisions of this chapter and all other applicable law, to ensure that the health, safety and welfare of the citizens of the city are preserved, and to provide an expedient and reasonable land use review process for decisions and interpretations of this chapter.
b. Director Authority. The director may modify the submittal requirements as deemed appropriate to achieve the purpose stated above.
In addition, because each homeless 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 to the issuance of the permit for homeless encampments to mitigate effects on the community upon finding that said effects are materially detrimental to the public welfare or injurious to the property or improvements in the vicinity. Conditions, if imposed, must relate to findings by the director, and must be calculated to minimize nuisance generating features in matters of noise, waste, air quality, unsightliness, traffic, physical hazards and other similar matters that the homeless encampment may have on the area in which it is located.
The community development director may also approve an application for homeless encampment permits with proposed standards and conditions that differ slightly from those in this section only where the applicant submits a description of the standard or condition to be modified and demonstrates how the modification would result in a safe homeless encampment for its residents, and mitigate impacts to neighbors and the community under the specific circumstances of the application.
In all other cases where the application for homeless encampment does not meet the requirements and standards of this section or adequate mitigation may not be feasible or possible, the director shall deny issuance of a homeless encampment permit.
c. Notice of Decision. The director shall notify the sponsoring and host agencies of his or her decision to approve, modify or deny the application within a timely manner, but not prior to 14 days after the neighborhood informational meeting. This decision is a final decision of the city. Notwithstanding the fact that Process Type II for other applications may provide for an appeal of the director’s decision to the hearing examiner, any appeal of the director’s decisions to approve or deny a temporary homeless encampment permit shall be to county superior court.
6. Termination. If the host agency or sponsoring agency fails to take adequately reasonable action against a resident who violates the terms and conditions of this permit to prevent the same in the future, it may result in immediate termination of the permit. If the city learns of illegal activities or acts of violence by residents of the encampment, and the host agency or sponsoring agency has not reasonably addressed the situation, the temporary use permit may be immediately terminated in order to insure public safety, health and welfare. Notice of said termination shall be hand delivered to the applicant.
7. Revocation. Upon determination that there has been a violation of any approval criteria or condition of application, the director of planning and community development or their designee may give written notice to the permit holder describing the alleged violation. Within 14 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 14-day period, the director of planning and community development or their designee shall sustain or revoke the permit. When a temporary homeless encampment permit is revoked, the director of planning and community development or their designee 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 homeless encampment permit shall be to county superior court.
8. Violation. Violations of this section are punishable under Chapter 17.76 MMC and as otherwise provided by law, and are subject to criminal prosecution, injunctive and other forms of relief which the city may seek.
9. No Intent to Create Protected/Benefited Class. This section is intended to promote the health, safety and welfare of the general public. Nothing contained in this section is intended to be nor shall be construed to create or otherwise establish any particular class or group of persons who will or should be especially protected or benefited by the provisions in this section. This section is not intended to be, nor shall be, construed to create any basis for liability on the part of the city, its officials, officers, employees or agents for any injury or damage that an individual, class or group may claim arises from any action or inaction on the part of the city, its officials, officers, employees or agents. Nothing contained in this section is intended to, nor shall be construed to, impose upon the city any duty that can become the basis of a legal action for injury or damage. (Ord. 1760 §§ 1 – 5, 2010).