Chapter 18.36
TEMPORARY USES
Sections:
18.36.020 Temporary uses in permitted zones.
18.36.030 Temporary residential structures.
18.36.040 Temporary nonresidential structures.
18.36.050 Metal storage containers.
18.36.060 Temporary homeless encampment use permit.
18.36.010 Purpose.
The purpose of this chapter is to make allowances for certain types of temporary uses. Temporary uses are uses which do not require permanent construction and which are approved with a specified time limit. (Ord. 1694 § 1, 1995)
18.36.020 Temporary uses in permitted zones.
A. The director may authorize certain types of temporary uses which do not involve the construction of a permanent structure in zones where such a use would otherwise be allowed as a permanent use as a Type I decision according to SMC 18.56.030(B). In considering such proposals, the director may:
1. Require modifications to the site plan, signage, lighting, limitations on hours of operation, or other measures to mitigate adverse impacts of the proposal;
2. Require that the proposed use have on-site staff whenever in operation;
3. Requires the applicant post a bond or other financial guarantee for the removal of materials and restoration of the site; and
4. Modify certain development standards for the site if they will not serve a substantial purpose during the life of the temporary use.
B. Such an application shall be reviewed as a Type I decision according to chapter 18.56 SMC, Procedures for Land Use Permits.
C. Under no circumstance shall such a temporary use be authorized for period exceeding three weeks.
D. Fees for approval issued pursuant to this section shall be the applicable land use review fees established in chapter 18.56 SMC, Procedures for Land Use Approvals. (Ord. 1694 § 1, 1995)
18.36.030 Temporary residential structures.
A. The director may authorize the installation of a manufactured home for use during the construction of a single-family residence, subject to the following:
1. The temporary dwelling shall be on the same parcel as the house under construction;
2. The permit shall be valid for the life of the construction permit, not to exceed one year;
3. The applicant shall post a bond or other financial guarantee sufficient to cover the removal of the unit;
4. The application shall be subject to the procedures for Type I decisions provided in chapter 18.56 SMC, Procedures for Land Use Permits.
B. The director may authorize a manufactured home as caretaker quarters in commercial and industrial zones subject to the following:
1. The initial approval of such caretaker’s quarters shall be for no more than one year;
2. Prior to approval, the director shall receive from the police chief sufficient advice that there is need for a caretaker on the subject site;
3. The applicant shall post a bond or other financial guarantee sufficient to cover the removal of the unit;
4. Renewal may be sought on a year-by-year basis for no more than the aggregate of five years and provided all other criteria remain valid and there is evidence that the unit is maintained and operated in a clean, safe and attractive manner; and
5. The initial application and any renewal shall be subject to the procedures for Type III.a decisions provided in chapter 18.56 SMC, Procedures for Land Use Permits.
C. The director may authorize manufactured homes as accessory to residential uses for the care of an elderly or disabled relative subject to the following:
1. The initial approval shall be for no more than one year;
2. The applicant shall post a bond or other financial guarantee sufficient to cover the removal of the unit;
3. The specific unit to be installed must be generally consistent with architecture and design of the surrounding residential structures;
4. Renewal may be sought on a year-by-year basis provided the previous criteria are satisfied and the unit is maintained and operated in a clean, safe, and attractive manner; and
5. The initial application and any renewal shall be subject to the procedures for Type III.a decisions provided in chapter 18.56 SMC, Procedures for Land Use Permits.
D. Fees for approval issued pursuant to this section shall be the applicable land use review fees established in chapter 18.56 SMC, Procedures for Land Use Approvals. (Ord. 1694 § 1, 1995)
18.36.040 Temporary nonresidential structures.
A. The director may authorize office and retail uses to occur in temporary structures during the period of construction of a permanent facility to house such activity subject to the following:
1. The approval of such activity shall be only during the life the building permit and shall not to exceed one year unless renewed;
2. The applicant shall post a bond or other financial guarantee sufficient to cover the removal of the unit;
3. Renewal may be sought on a year-by-year basis not to exceed the life of the construction permit;
4. The temporary structure shall comply with all applicable utility and construction standards; and
5. The initial application and any renewal shall be subject to the procedures for Type I decisions provided in chapter 18.56 SMC, Procedures for Land Use Permits.
B. The director may authorize the installation of small temporary structures for the use as contractor’s offices, construction engineer’s offices, real estate offices and other similar activities subject to the approval of the building official and city engineer. If necessary, the director may require that a bond be posted for the removal and may limit the duration of the approval to a reasonable period.
C. Fees for approvals issued pursuant to this section shall be the applicable land use review fees established in chapter 18.56 SMC, Procedures for Land Use Approvals. (Ord. 1694 § 1, 1995)
18.36.050 Metal storage containers.
The director may authorize the placement of a metal storage container during a permitted renovation of a commercial use subject to the following:
A. The applicant shall post a bond or other financial guarantee sufficient to cover the removal of the unit.
B. Metal storage containers shall:
1. Be removed when the construction permit expires or prior to issuance of a certificate of occupancy;
2. Remain unstacked;
3. Meet all required yard setback requirements. (Ord. 2088 § 6, 2004: Ord. 1694 § 1, 1995)
18.36.060 Temporary homeless encampment use permit.
A. Pursuant only to a homeless encampment use permit, which shall be a Type IV permit issued by the director, homeless encampments are allowed in accordance with the following conditions:
B. For the purposes of this section, a homeless encampment, as defined in SMC 18.04.0502, may only be hosted by a church, and must be located on real property owned or controlled by that church.
C. Duration and Frequency.
1. No homeless encampment shall operate within the city of Sumner for more than four consecutive calendar months, except that the director may allow up to five additional days to accommodate moving onto or off the site on which the homeless encampment is/was being operated.
2. Only one homeless encampment shall be allowed within the city limits at any one time, and no less than 270 days must pass between the occupancy of each homeless encampment.
3. The director shall not grant a homeless encampment use permit that is proposed on a site that contained a homeless encampment within the last 18 calendar months. For purposes of this subsection, the 18 months shall be calculated from the last day of the prior homeless encampment’s permitted occupancy.
D. Only an established church may be a “managing agency.”
E. The homeless encampment shall be located on the church’s property.
F. All homeless encampments shall obtain, prior to occupancy, all applicable city of Sumner permits, licenses and approvals, and shall obtain any other applicable permits, licenses and approvals required by other agencies.
G. Permit Process Requirements.
1. Neighborhood Meeting. No less than 30 days prior to submittal of an application, the applicant shall conduct a neighborhood meeting to inform all residents within 500 feet of the proposed homeless encampment and the public about the proposed homeless encampment as follows:
a. Notice of the neighborhood meeting must be provided by the applicant by mail, first class and postage prepaid, to all owners of real property within 500 feet of the lot(s) containing the proposed homeless encampment. The notice of the neighborhood meeting shall be mailed at least 30 days prior to the neighborhood meeting.
b. Prior to the neighborhood meeting, a representative of the sponsor and managing agency shall meet and confer with the following entities regarding the neighborhood meeting and any proposed security measures for the homeless encampment: the Sumner police department; the administration of any public or private elementary, middle, junior high, or high school; and the operators of any properly licensed child care service, within 500 feet of the boundaries of the proposed site, and unaffiliated with the sponsor.
c. At the neighborhood meeting, a representative of the sponsor and managing agency shall present, both in writing and orally, the proposed homeless encampment location, timing, site plan, code of conduct, encampment concerns, and a security management plan. The presentation shall also include copies of all previously submitted comments received on the proposed homeless encampment, including comments from neighbors (whether they received notice of the neighborhood meeting or not) the Sumner police department, schools, and child care services. Copies of the agenda and the other specified comments and materials shall be provided by the applicant at the meeting. The meeting shall be conducted on the proposed homeless encampment site whenever feasible.
2. Application. An applicant shall submit a complete application for a homeless encampment use permit at least 90 days before the occupancy of a homeless encampment.
3. Notice of Application. The city shall provide a notice of application in accordance with SMC 18.56.070.
4. Outstanding Warrant and Sex Offender Checks. Managing agencies shall obtain warrant and sex offender checks from the Pierce County sheriff’s office (collectively the “warrant check”) for all proposed homeless encampment residents. For homeless encampment residents initially moving onto the site with the homeless encampment, the warrant check must be completed at least seven days prior to the homeless encampment moving onto the site. For residents moving into the homeless encampment during the permit period, the warrant check must be completed on or before the date that the new resident moves on site. If a warrant check reveals a homeless encampment resident or prospective resident is or is required to be a registered sex offender or has an active warrant for his/her arrest, the managing agency or sponsor shall immediately contact and so advise the city or Sumner police department. The sponsor shall be responsible for verifying and ensuring that the warrant checks timely occur for each resident.
H. Parking, Transportation, and Security.
1. Parking.
a. Each site upon which a homeless encampment is operated must provide or have available a parking and vehicular maneuvering area.
b. A homeless encampment and the parking of any vehicles associated with a homeless encampment shall not displace the sponsor site’s parking lot in such a way that the sponsor 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 first been approved by the director.
c. The use of vehicles as a location for sleeping is not allowed.
2. Transportation Plan.
a. The sponsor or managing agency shall submit a plan with the permit application demonstrating the ability for residents to obtain access to methods of communication and services such as grocery, supplies, and medical care.
b. The plan shall provide for a means of transportation to an appropriate public transportation stop and include any proposed alternative means of transportation such as private or volunteer shuttle service and/or reasonable bicycle/pedestrian paths.
3. Security Management Plan.
a. The sponsor or managing agency shall submit a plan with the permit application demonstrating security measures, site specific or otherwise, necessary to ensure the safety of the residents of the temporary encampment and the public.
b. At a minimum, the plan shall specify the following:
i. The person or entity responsible for providing security;
ii. The type of security to be used, e.g., private security firm, volunteers, or other means; and
iii. Recommendations and/or requirements provided by the police department.
I. Timing Plan. The sponsor or managing agency of the homeless encampment shall be required to submit a plan outlining, at a minimum, the move-in and move-out procedures that will be implemented and followed to ensure compliance with the duration and frequency requirements above.
J. Maximum Occupancy. A homeless encampment shall be limited to a maximum occupancy not to exceed 100 residents and shall provide a minimum of 100 square feet per person, depending on the conditions of the proposed site (e.g., physical size, topography, site constraints, etc.). A homeless encampment use permit may be conditioned or limited to establish an allowed occupancy of less than 100 residents, depending on the conditions of the proposed site. After a homeless encampment reaches its maximum capacity, any individual who arrives after sundown (and who meets all screening criteria) will be allowed to stay for one night, after which the individual shall not be permitted entry until a vacancy is available. Such occurrences shall be logged and reported to the director on a weekly basis.
K. Minor Residents. No children under the age of 18 shall be allowed to stay overnight in a homeless encampment unless accompanied by a parent or legal guardian. If any other child under the age of 18 attempts to stay overnight at a homeless encampment, the managing agency shall immediately contact the Washington State Department of Social and Health Services Child Protective Services, or its successor.
L. Structures. Any permanent structures, as determined by the director, shall meet the requirements of all SMC provisions and receive any necessary permits. All temporary structures for homeless encampments shall comply with the following requirements:
1. Homeless encampment structures and facilities shall be located a minimum of 20 feet away from any property line, and 40 feet from any property line of an adjacent residential use, unless otherwise approved by the director;
2. A six-foot-high sight-obscuring fence, vegetative screen or other visual buffering shall be provided between a homeless encampment and any abutting residential property. The director shall consider existing vegetation, fencing, topographic variations and other site conditions in determining compliance with this requirement and may modify the fence requirement when the objective is substantially achieved by other means;
3. Exterior lighting must be directed downward, away from adjoining properties, and contained within the homeless encampment; and
4. If the homeless encampment includes tents or membrane structures in excess of 400 square feet, or canopies in excess of 400 square feet, as defined by the International Fire Code, then a permit and approval for the tent, canopy or membrane structure shall first be obtained from the fire marshal.
M. Smoking Area. A designated smoking area shall be provided on site in the location which would result in the least impact on neighboring properties based on distance.
N. Debris. Each site occupied by a homeless encampment shall be kept free of debris, litter, or other evidence of the homeless encampment, and shall be left free of all debris, litter or other materials upon the homeless encampment moving from the site.
O. Health Department Compliance. Homeless encampments shall comply with all applicable standards of the Washington and Tacoma-Pierce County health departments, or its successor.
P. Code Compliance and Hours of Service. Homeless encampments shall comply with all codes and regulations of the state of Washington, city, and other agencies with jurisdiction concerning, but not limited to, drinking water connections, human waste, solid waste disposal, electrical systems, cooking, 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, 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 the terms of a permit condition approved by the director in the case of demonstrated necessity.
Q. Inspections. Homeless encampments shall be subject to regular inspections by regulatory personnel, including but not limited to city staff, police department personnel, fire department personnel, Tacoma-Pierce County health department representatives, and any other regulatory agencies with jurisdiction to check for permit and other code compliance by the homeless encampment.
R. Required Services. Homeless encampments shall be required to provide on site the following services:
1. Food, water, and waste disposal supervised by the sponsor or managing agency; and
2. Mental health and substance abuse counseling.
S. Resident Log. The managing agency shall maintain a resident log of all people residing at the homeless encampment. Such log shall be kept on site at the homeless encampment. When signing the log, prospective encampment residents shall provide a state of Washington driver’s license, state of Washington identification card, a driver’s license or identification card issued by another state, or other similar document that confirms a person’s identity. The sponsor shall be responsible for verifying that the log is being properly kept and that the required identification is being provided.
T. Code of Conduct. Sponsors and managing agencies shall ensure enforcement of a code of conduct at homeless encampment sites. The code of conduct shall substantially include the following:
1. Possession or use of illegal drugs and marijuana is prohibited;
2. Alcohol possession and/or consumption are prohibited;
3. No weapons are permitted;
4. All knives over three and one-half inches must be turned in to the managing agency for safekeeping;
5. No violence is permitted;
6. No open flames are permitted;
7. No trespassing onto private property in the surrounding neighborhoods is permitted;
8. No loitering in the surrounding neighborhoods;
9. Littering on the homeless encampment site or in the surrounding neighborhoods is prohibited; and
10. No convicted sex offender shall reside in the homeless encampment.
U. Nothing within this section shall prohibit a sponsor or managing agency from imposing and enforcing additional code of conduct conditions not otherwise inconsistent with the required minimum conditions outlined above.
V. Permit Violation Process. Upon a determination that there has been a violation of any condition of permit approval, the director may give written notice to the sponsor describing the alleged violation pursuant to Chapter 15.06 SMC and other applicable code authority, or may instead immediately pursue available judicial or other remedies. Any violation of a subsequently issued stop work or use order under Chapter 15.06 SMC is declared a nuisance and may be remedied by injunctive relief, revocation of the homeless encampment use permit and vacation of the site by the homeless encampment, or any other available remedy in law or equity.
W. Health and Safety Permit Conditions. The director may modify or establish any requirements necessary to mitigate impacts from homeless encampments on the public health and safety of the city and its residents in accordance with the purpose of this chapter.
X. Encampment Removal. The applicant shall post an assignment of funds or performance bond for the removal costs associated with encampment removal.
Y. Application. An applicant for a homeless encampment use permit shall submit all of the following, unless modified by the director:
1. Application form for a homeless encampment use permit;
2. 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 structures;
b. Existing parking stalls;
c. Parking stalls proposed to be unavailable for parking vehicles during the homeless encampment;
d. All proposed temporary structures;
e. Proposed electrical and plumbing connections;
f. Location of trash receptacles, including trash dumpsters;
g. Location of toilets and other sanitary facilities, and the frequency by which they will be cleaned;
h. Location and details of any proposed connection to wastewater, potable water, stormwater, electrical supply, or other public or private utility systems;
i. Proposed and existing ingress and egress;
j. Proposed screening detail;
k. Any permanent alterations on the lot to the site or structures;
l. A designated smoking area; and
m. Access routes for emergency vehicles;
3. Proposed fencing, vegetative screen or other screening detail or a typical section of same;
4. Written authorization from the sponsor on whose property the homeless encampment is to be located;
5. A copy of any agreements with other parties regarding use of parking, either on site or off site;
6. A copy of any agreement between the sponsor, the managing agency, and any schools and/or child care services;
7. A copy of the code of conduct;
8. The applicant shall provide the following neighborhood meeting documentation:
a. The date, time, and location of the meeting;
b. Contact information for all persons representing the managing agency and sponsor at the meeting;
c. A summary of comments provided for the meeting attendees by the applicant, managing agency or sponsor prior to or during the meeting;
d. A summary of comments received from meeting attendees or other persons prior to or during the meeting; and
e. Copies of documents submitted or presented at the meeting;
9. The transportation and security management plans;
10. Any other information deemed necessary by the director to protect public health and safety for the processing of a homeless encampment use permit; and
11. Application filing fees in an amount established by city resolution.
Z. Modification for Emergencies. The provisions herein shall not apply when for the preservation of public health and safety the situation necessitates a need for emergency management planning. (Ord. 2615 § 1, 2017)