Chapter 19.35


19.35.010    Purpose.

19.35.020    Applicability.

19.35.030    Criteria for granting a temporary use permit.

19.35.035    Seasonal product display.

19.35.040    Frequency and duration of the temporary use.

19.35.050    Application and procedures for temporary use permits.

19.35.060    Homeless encampment regulations.

19.35.010 Purpose.

(1) This chapter is intended to permit certain inherently temporary uses, such as community festivals, fresh vegetable stands and temporary promotions by permanent businesses.

(2) The proposed temporary use must be compatible in terms of location, access, traffic, noise, nuisance, dust control and hours of operation with existing land uses in the immediate vicinity. (Ord. 1555 § 15, 2009).

19.35.020 Applicability.

This chapter applies to each application for a temporary use permit, whether located on private property or on the public right-of-way. Mobile food sales and caterers which locate for a short period of time of two hours or less, and car washes and food sales which are operated as nonprofit community fund raisers are exempt. (Ord. 1555 § 15, 2009).

19.35.030 Criteria for granting a temporary use permit.

(1) The temporary use will not be materially detrimental to the public health, safety, or welfare, nor injurious to property or improvements in the immediate vicinity of the temporary use.

(2) The temporary use is compatible with the purpose and intent of this title and the specific land use district in which it will be located.

(3) The temporary use is compatible in intensity and appearance with existing land uses in the immediate vicinity of the temporary use.

(4) Access is provided such that on-street parking for the temporary use is not required.

(5) The temporary use has adequate off-street parking but does not use off-street parking or loading areas which are necessary for the permanent uses to continue normal operation.

(6) Hours of operation of the temporary use shall be specified.

(7) The temporary use will not cause noise, light or glare which adversely impacts surrounding uses.

(8) The temporary use shall not be on public right-of-way unless the applicant first obtains approval for the use from the city engineer.

(9) The temporary use must conform to setbacks of the zone where it is located.

(10) No temporary use shall utilize any handicap parking stalls.

(11) Seasonal product display requests shall not utilize more than five percent of the total parking for said business. Total parking for those businesses located in shopping centers with common parking lots shall be calculated using current parking standards per Chapter 19.44 OHMC. (Ord. 1555 § 15, 2009).

19.35.035 Seasonal product display.

Seasonal product displays shall be all products associated with lawn care, landscaping, patio furniture, and children’s outside play equipment which are displayed outdoors for the purposes of promoting retail sales of said items. The city may grant a temporary use permit for businesses selling these products to utilize a portion of their parking lot area for display. (Ord. 1555 § 15, 2009).

19.35.040 Frequency and duration of the temporary use.

(1) The city may grant a temporary use permit to the same property owner for up to 60 consecutive or nonconsecutive days in every 180-day period. The temporary use permit shall specify a date by which the use shall be terminated. The planning director may establish a shorter time frame.

(2) As part of the temporary use permit, the city shall establish a time within which the use and all physical evidence of the use must be removed by the applicant. If the temporary use and all physical evidence of the use are not removed within the time specified, it will constitute a violation of this title. Further, the city is authorized to abate the temporary use in accordance with OHMC 19.100.010.

(3) A temporary use permit for seasonal displays in parking lots shall only be issued for the period between March 1st and September 30th of each year. The permit shall be renewed each year and fees paid as established in Chapter 3.64 OHMC.

(4) With the exception of Fourth of July fireworks sales, no additional temporary use permits shall be granted for businesses which have approved seasonal temporary use permits. (Ord. 1555 § 15, 2009).

19.35.050 Application and procedures for temporary use permits.

(1) The applicant shall provide the following information to the planning director:

(a) A completed application on the form provided by the city, along with all information requested in that form;

(b) An irrevocable, signed and notarized statement granting the city permission to summarily abate the temporary use and all physical evidence of that use if it is not removed by the applicant within the period specified in the permits, and agreeing to reimburse the city for any expenses incurred by the city in abating the temporary use.

(2) Who May Apply. The property owner may apply for a temporary use permit on private property. Any person may apply for a temporary use permit on public right-of-way.

(3) The planning director may consult with other city departments as appropriate in the evaluation of an application for a temporary use permit.

(4) The planning director may establish performance standards as part of the approval of each temporary use permit based on the characteristics of the use and the features of the proposed location.

(5) The decision may be appealed to the city planning commission. (Ord. 1555 § 15, 2009).

19.35.060 Homeless encampment regulations.

(1) Definitions.

(a) “Place of worship” means an establishment, the principal purpose of which is religious worship and for which the principal building or structure contains the sanctuary or principal place of worship and which includes related accessory uses in the principal building or in other separate structures.

(b) “Temporary encampment” means a group of persons temporarily residing in one or more temporary structures except for recreational purposes, and located at a place of worship.

(c) “Temporary encampment sponsor” means a place of worship which owns the property or has an ownership interest in the property, for which a temporary encampment is to be located, and that has an agreement with the temporary encampment managing organization to provide basic services and support for the residents of a temporary encampment and liaison with the surrounding community and joins with the managing organization in an application for a temporary encampment permit. A “sponsor” may be the same entity as the managing organization.

(d) “Temporary encampment managing organization” means a group or organization that has the capacity to organize and manage a temporary encampment. A temporary encampment “managing organization” may be the same entity as the temporary encampment sponsor.

(2) Temporary Encampment Permit.

(a) General Conditions. Temporary encampments are allowed only pursuant to a permit issued in accordance with the following conditions:

(i) A temporary encampment shall be located at a place of worship. If the place of worship is not actively practicing on the site proposed for a temporary encampment, then the place of worship must comply with all other permit requirements for the underlying zone required for siting a new place of worship and temporary encampment.

(ii) Each lot occupied by a temporary encampment must provide or have available off-street parking and vehicular maneuvering area.

(iii) The temporary encampment and the parking of any vehicles associated with a temporary encampment application shall not displace the host site’s parking lot in such a way that the host site no longer meets the minimum or required parking of the principal use as required by code or previous approvals unless an alternative parking plan has been approved by the director or his/her designee.

(iv) The temporary encampment shall be located within three-quarters mile of a public transit stop.

(v) No temporary encampment shall operate within the city of Oak Harbor for more than 90 consecutive days, except that the director or his/her designee may allow up to five additional days to accommodate moving on a weekend.

(vi) Not more than one temporary encampment may operate at a given time in the city so as to ensure adequate resources and support services.

(vii) The city shall not grant a permit for a temporary encampment that is proposed to commence on a lot or lots within one-half mile of any lot(s) that contained a temporary encampment within the last 18 months. For the purposes of this subsection, the 18 months shall be calculated from the last day of the prior temporary encampment within the one-half-mile radius.

(viii) All temporary encampments shall obtain, prior to occupancy of the lots, all applicable city of Oak Harbor permits, licenses and other approvals.

(ix) Each site occupied by a temporary encampment shall be left free of debris, litter, or other evidence of the temporary encampment upon completion of removal of the use.

(x) The applicant shall submit a complete application for a temporary encampment permit at least 75 days before any occupancy by the temporary encampment.

(xi) The encampment shall be limited to a maximum of 50 persons. After the encampment reaches its 50-person capacity, any individual(s) who arrive after sundown (and meet all screening criteria) will be allowed to stay for one night, after which the individual(s) will not be permitted entry until a vacancy is available. Such occurrences shall be logged and reported to the director or his/her designee on a weekly basis.

(xii) Because of their temporary nature, temporary structures within temporary encampments shall not be required to meet the site plan review procedures of Chapter 19.48 OHMC nor the commercial and industrial design guidelines criteria of OHMC 19.48.060. Any permanent structures, as determined by the director or his/her designee, shall meet all applicable design review criteria, and receive any necessary design review permits. All temporary structures for temporary encampments shall comply with the following design criteria:

(A) Temporary encampment structures shall be located a minimum of 20 feet from any property line that abuts a property that has a residential use, unless otherwise approved by the director or his/her designee. All other setbacks and yards applicable to permanent structures shall apply to temporary structures related to temporary encampments;

(B) A six-foot-high sight obscuring fence, vegetative screen or other visual buffering consistent with the provisions of OHMC 19.46.030, as applicable, shall be provided between the temporary encampment and any abutting residential property and the right-of-way. The fence shall provide a privacy and a visual buffering among neighboring properties in a manner and material approved by the director or his/her designee. The director or his/her designee shall consider existing vegetation, fencing, topographic variations and other site conditions in determining compliance with this requirement; and

(C) Exterior lighting shall be shaded and directed so as not to be visible from any residentially classified property or property designated for residential uses and contained within the temporary encampment.

(xiii) No children under the age of 18 are allowed to stay overnight in a temporary encampment unless accompanied by a parent or legal guardian. If any other child under the age of 18 attempts to stay overnight at the temporary encampment, the temporary encampment managing organization shall immediately contact the Washington State Department of Social and Health Services Child Protective Services, or its successor.

(xiv) The temporary encampment shall comply with all applicable standards of the Island County health department, or its successor.

(xv) The temporary encampment shall comply with all Washington State and city codes concerning, but not limited to, drinking water connections, human waste, solid waste disposal, electrical systems, cooking and food handling and fire resistant materials. Servicing of portable toilets and trash dumpsters is prohibited between the hours of 9:00 p.m. and 7:00 a.m. on Mondays through Fridays, excluding legal holidays, and between the hours of 9:00 p.m. and 9:00 a.m. on Saturdays, Sundays and legal holidays, except in the case of bona fide emergency or under permit from the director or his/her designee in case of demonstrated necessity.

(xvi) The temporary encampment shall permit regular inspections by the city, including the police department, and Island County health department to check compliance with the standards for temporary encampments. Nothing in this section shall require inspections by the Island County health department. The Oak Harbor fire department shall do an initial fire inspection and safety meeting at the inception of the temporary encampment.

(xvii) All temporary encampments shall have services, such as food, water, and waste disposal, provided by a temporary encampment sponsor and supervised by a temporary encampment managing organization.

(xviii) The managing organization and temporary encampment sponsor shall sign a hold harmless agreement for the temporary encampment.

(xix) The temporary encampment managing organization shall maintain a resident log for all who are residing at the temporary encampment. Such log shall be kept on site at the temporary encampment. Prospective encampment residents shall provide a verifiable form of identification when signing the log.

(xx) The temporary encampment sponsor and encampment managing organization shall ensure enforcement of a code of conduct at the temporary encampment site. The code of conduct shall be in substantially the following form or address the following issues:

(A) Possession or use of illegal drugs is not permitted;

(B) No alcohol is permitted;

(C) No weapons are permitted;

(D) No violence is permitted;

(E) No open flames are permitted;

(F) No trespassing into private property in the surrounding neighborhood is permitted;

(G) No littering on the temporary encampment site or in the surrounding neighborhood is permitted; and

(H) Excessive noise shall be limited to the restrictions identified in Chapter 6.56 OHMC.

(xxi) The temporary encampment managing organization 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 Oak Harbor police department related to identified sex offenders or prospective residents with warrants shall be met. The temporary encampment sponsor shall be responsible for verifying that the warrant and sex offender checks occur, that the log of persons residing at the temporary encampment is kept and that verifiable forms of identification are being provided.

(xxii) Upon determination that there has been a violation of any condition of approval, the director or his/her designee may give written notice to the permit holder describing the alleged violation. Within seven 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 seven-day period, the director or his/her designee shall sustain or revoke the permit. When a temporary encampment permit is revoked, the director or his/her 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 encampment permit will be processed pursuant to Chapter 36.70C RCW. The availability of this procedure shall be in addition to the procedures set out in OHMC 18.20.510 through 18.20.550.

(xxiii) The director or his/her designee may require any other condition as necessary to mitigate impacts from temporary encampments.

(b) Permit Application. The applicant for a temporary encampment shall submit all of the following, unless waived by the director or his/her designee:

(i) General application form;

(ii) A site plan, which extends 50 feet beyond the proposed site’s property boundaries, drawn to scale showing all of the following:

(A) All existing and proposed temporary structures;

(B) Existing and proposed ingress and egress and existing or proposed parking stalls available for the temporary encampment use;

(C) Location of trash receptacles, including trash dumpsters;

(D) Location of toilets and other sanitary facilities;

(E) Location and details of any proposed connection to wastewater, potable water, stormwater, electrical supply, or other public or private utility systems;

(F) Proposed and existing location of site lighting;

(G) Any permanent alterations on the lot, to the site, or structures; and

(H) Designated smoking area;

(iii) Proposed fencing detail or typical section;

(iv) Written authorization from a temporary encampment sponsor on which the temporary encampment is located;

(v) A hold harmless agreement, on a form approved by the city attorney, with a signature of the temporary encampment sponsor;

(vi) A copy of any agreements with other parties regarding use of parking, either on site or off site;

(vii) A copy of any agreement between the temporary encampment sponsor, temporary encampment managing organization, and any schools and/or child care services;

(viii) A copy of the code of conduct;

(ix) The applicant shall provide:

(A) The date, time, and location of the required informal public meeting;

(B) The name of persons representing the temporary encampment managing organization and sponsor at the informal public meeting;

(C) A summary of comments provided; and

(D) Copies of any documents submitted at the informal public meeting;

(x) Any other information deemed necessary by the director or his/her designee for the processing of a temporary encampment permit; and

(xi) All applicable application filing fees in an amount established annually by resolution.

(c) Application Process. A temporary encampment permit is a form of temporary use permit and is an administrative action. In addition to the requirements for the processing of administrative actions specified in Chapter 18.20 OHMC, the following additional procedures shall apply:

(i) Informal Public Meeting Required. The director or his/her designee shall require an applicant to conduct an informal public meeting to inform citizens about a proposed temporary encampment prior to submittal of an application. Notice of the informal public meeting shall be provided in the same manner as required by OHMC 18.20.380(2), at least 10 days prior to the informal public meeting. Prior to the informal public meeting, the temporary encampment sponsor and managing organization shall meet and confer with the Oak Harbor police department regarding any proposed security measures. At the informal public meeting, a representative of the temporary encampment sponsor and managing organization shall present in writing and describe the proposed temporary encampment location, timing, site plan, code of conduct, encampment concerns, management security measures, and any input or comment received on the plan, including any comment or input from the Oak Harbor police department, or comment or input from schools and/or child care services under subsection (2)(c)(ii) of this section. Copies of the agenda and other materials shall be provided by the applicant at the meeting. The meeting shall be conducted on the subject property whenever feasible.

(ii) Additional Mailed Notice. The requirements for mailing the notice of application set forth in OHMC 18.20.380(2) shall be expanded to include owners of real property within 600 feet of the lot(s) containing the proposed temporary encampment. Prior to any application for a temporary encampment permit, the temporary encampment sponsor or temporary encampment managing organization shall meet and confer with the administration of any public or private elementary, middle, junior high or high school within 600 feet of the boundaries of the lot(s) proposed to contain the temporary encampment. The temporary encampment 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 600 feet of such a facility. Any such conditions agreed upon between the parties shall be submitted to the director or his/her designee 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 or his/her designee with a written summary of the parties’ discussions, which the director or his/her designee may consider in evaluating whether the conditions for the temporary encampment permit are met, or the need for additional conditions upon the temporary encampment permit, without violating the legal rights of the temporary encampment’s sponsor.

(d) Emergencies. The director or his/her designee may waive these requirements when a catastrophic event necessitates the immediate establishment of a temporary encampment. (Ord. 1712 § 1, 2015).