Chapter 18.190


18.190.010    Purpose.

18.190.020    Who may apply.

18.190.030    Outdoor transitory accommodation.

18.190.040    Indoor transitory accommodation.

18.190.050    Application requirements.

18.190.060    Review authority.

18.190.070    Time limitation.

18.190.080    Decision criteria.

18.190.090    Revocation of temporary use permit.

18.190.010 Purpose.

Recognizing there are people considered homeless and do not have accommodation that is safe, secure and appropriate; and that RCW 35A.21.360 allows religious organizations to offer on-site temporary transitory accommodations, this chapter provides for the procedure to allow for such temporary shelters, while protecting the public’s health and safety. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)

18.190.020 Who may apply.

Transitory accommodations shall be permitted only as an accommodation of religious exercise by a host agency. If the host agency is joined by a sponsoring agency, both agencies shall apply jointly for a permit under this chapter and shall jointly certify compliance with all applicable requirements for approval and conditions of the application. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)

18.190.030 Outdoor transitory accommodation.

A.    A host agency may locate temporary shelters on developed property it owns or controls.

1.    The application for a temporary use permit is to be submitted prior to the establishment of the temporary shelters.

2.    A neighborhood meeting must be held prior to the permit issuance, with noticing requirements as set forth by the city.

B.    The temporary shelters shall be located a minimum of forty feet from the property line of abutting properties, unless the review authority finds that a reduced buffer width will provide adequate separation between the encampment and adjoining uses, due to changes in elevation, intervening buildings or other physical characteristics of the site of the encampment.

C.    No shelters shall be located within a critical area or its buffer as defined by Chapter 16.20.

D.    Exterior lighting must be directed downward and glare contained to the extent possible.

E.    On-site parking of the host agency shall not be displaced unless sufficient required off-street parking remains available for the host agency’s use to compensate for the loss of on-site parking or unless a shared parking agreement is executed with adjacent properties.

F.    The host agency and/or sponsoring agency shall provide and enforce a written code of conduct, which not only provides for the health, safety and welfare of the temporary residents, but also mitigates impacts to neighbors and the community. A copy of the code of conduct shall be submitted to the city at the time of application for the temporary use permit. Said code shall be incorporated into the conditions of approval.

G.    The host and sponsoring agency shall ensure compliance with laws and regulations of Washington State, the Poulsbo Municipal Code, Poulsbo fire department, and Kitsap health department concerning, but not limited to, drinking water connections, solid waste disposal, human waste, cooking, and electrical service and systems.

H.    The host agency shall assure all applicable public health regulations have been met, including but not limited to the following:

1.    Adequate water supply.

2.    Sanitary portable toilets.

3.    Handwashing stations by the toilets and food preparation areas.

4.    Food preparation or service tents.

5.    Refuse receptacles.

I.    The host agency shall designate points of contact for the Poulsbo police department.

J.    Facilities for dealing with trash shall be provided on site.

K.    Adequate access for fire and emergency medical apparatus shall be provided as determined by the fire marshal.

L.    No more than one outdoor temporary transitory accommodation may be located in the city at any time. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)

18.190.040 Indoor transitory accommodation.

A.    A host agency may locate up to thirty people in buildings of sufficient size to accommodate the residents; provided, that:

1.    The application for a temporary use permit is submitted prior to the use of the building.

2.    A neighborhood meeting has been held prior to the permit issuance, with noticing requirements as set forth by the city.

3.    The building is of sufficient size to accommodate the anticipated residents.

B.    The host agency shall assure all applicable public health regulations, including but not limited to the following:

1.    Adequate water supply.

2.    Sanitary adequate toilets.

3.    Handwashing stations by the toilets and food preparation areas.

4.    Food preparation or service facilities.

5.    Refuse receptacles.

C.    The existing building complies with city building codes. Pursuant to RCW 19.27.042, however, and subject to its requirements, the city building official shall have the authority to exempt code deficiencies so long as such deficiencies pose no threat to human life, health, or safety.

D.    All applicable health and safety standards for providing and using such facilities shall be satisfied as required by the Kitsap health department and Poulsbo fire department. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)

18.190.050 Application requirements.

In addition to the application requirements set forth in the temporary use permits section, the following additional information shall be submitted in support of the temporary transitory accommodations application:

A.    Proof of ownership or control of the property to be used for the transitory accommodations by the host agency.

B.    If a sponsoring agency is involved, the sponsoring agency must be a co-applicant with the host agency. The written agreement between the host agency and the sponsoring agency must be submitted.

C.    A description of the security measures that the host agency intend to employ at the site, including criteria for rejection as a resident; a code of conduct; security patrols, if any; whether and how they will implement outstanding warrant or registered sex offender background checks, and whether and how any residents or prospective residents may be ejected based on the results of such checks.

D.    A proposed site plan, including location of all shelters; permanent and/or portable toilets and handwashing stations, and trash containers; location of security lighting; electrical connections; cooking facilities; and location and number of off-street parking spots.

E.    Project statistics, including site area; expected and maximum number of residents; hours of operation; security protocols; emergency phone numbers; and the duration of the temporary housing accommodations.

F.    A management plan that contains a general description of the daily operation, oversight, and enforcement of permit conditions.

G.    Photos showing the site prior to the transitory accommodations.

H.    Statement agreeing to allow inspections by Kitsap health department, Poulsbo fire department and/or other government officials at reasonable times without prior notice to ensure compliance with applicable laws and the conditions of the temporary use permit.

I.    Code of conduct. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)

18.190.060 Review authority.

Any proposed temporary transitory accommodations shall be subject to a temporary use permit (TUP), as set forth in Chapter 18.280. The review authority may impose additional conditions to a temporary transitory accommodations TUP as necessary to ensure the public’s health and safety. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)

18.190.070 Time limitation.

A.    The temporary use permit issued for temporary transitory accommodations shall be valid for one hundred eighty days. The TUP permit may be granted one ninety-day extension by the review authority, provided the extension request is submitted at least thirty days prior to the expiration of the initial one hundred eighty days.

B.    Only one permit may be granted for a particular property in any calendar year. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)

18.190.080 Decision criteria.

In addition to the temporary use decision criteria required in Section 18.280.060, the following findings relative to temporary transitory accommodations are hereby required:

A.    The proposed temporary transitory accommodations comply with the requirements set forth in this chapter.

B.    The temporary transitory accommodations will not be materially detrimental to the public health, safety or welfare of the temporary accommodations residents or the surrounding community.

C.    The imposition of a condition under which the city reserves the right to impose additional conditions or to reconsider the temporary accommodations within a certain timeframe from approval date, based on complaints filed with the city. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)

18.190.090 Revocation of temporary use permit.

The city may revoke the temporary use permit upon determination that the approval criteria or conditions of approval have not been met at any time. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)