Chapter 17.210
TEMPORARY HOMELESS ENCAMPMENTS
Sections:
17.210.020 Application for temporary homeless encampment permit.
17.210.030 Requirements for approval and operation.
17.210.040 Hardship exception.
17.210.060 Revocation of permit.
17.210.070 Limited homeless encampment (safe parking) accommodations.
17.210.010 Purpose.
The purpose of this chapter is to regulate homeless encampments within the city of Mount Vernon in compliance with the requirements of RCW 35.21.915. The standards and requirements in this chapter are the minimum necessary to protect the public health and safety and do not substantially burden the decisions or actions of religious organizations regarding the location of housing or shelter for homeless persons on property owned by such religious organizations. (Ord. 3743 § 4, 2018).
17.210.015 Definitions.
The following words used in this chapter are defined as follows:
A. “Director” means the director of the city of Mount Vernon’s development services department or designee.
B. “Encampment host” or “safe parking host” means a religious organization (including but not limited to an owner, tenant, or lessee) that has the legal right to occupy the site of a temporary homeless encampment and/or safe parking accommodations. An “encampment host” and/or a “safe parking host” may be the same individual, group, organization, or entity as the encampment sponsor or the encampment manager of a temporary homeless encampment.
C. “Encampment manager” or “safe parking manager” means an individual, group, organization, or entity that organizes, manages or operates a temporary homeless encampment and/or safe parking accommodations. An “encampment manager” and/or “safe parking manager” may be the same individual, group, organization, or entity as the encampment host or the encampment sponsor of a temporary homeless encampment.
D. “Encampment sponsor” or “safe parking sponsor” means an individual, group, organization, or entity which, in conjunction or by agreement with the encampment host or encampment manager, provides services or support on an ongoing basis for the residents of a temporary homeless encampment and/or safe parking accommodations. An “encampment sponsor” and/or “safe parking sponsor” may be the same individual, group, organization, or entity as the encampment host or the encampment manager of a temporary homeless encampment.
E. “Limited homeless encampment (safe parking) accommodations” means areas on a site or property owned or controlled by a religious organization that accommodates vehicles in parking lots that individuals park and sleep within as means of shelter.
F. “Temporary homeless encampment” means a temporary encampment for homeless persons on property owned or controlled by a religious organization, whether within buildings located on the property or elsewhere on the property outside of buildings. This definition does not include limited homeless encampment (safe parking) accommodations. (Ord. 3821 § 3, 2020).
17.210.020 Application for temporary homeless encampment permit.
A. A temporary homeless encampment is an allowed use only on property owned or controlled by a religious organization that is acting as either the encampment host or the encampment sponsor, or both, for the temporary homeless encampment.
B. Temporary homeless encampments shall not be permitted within the city except as an accommodation of religious exercise by an encampment host or encampment sponsor. Each encampment host, encampment manager and encampment sponsor of a temporary homeless encampment shall jointly apply for a permit under this chapter, and shall jointly certify compliance with all applicable use requirements and conditions of this part in the application.
C. An application for a temporary homeless encampment permit shall be submitted to the director or designee on a form approved by the director. The application shall contain an encampment management responsibility plan. An application that does not contain an encampment management responsibility plan shall not be considered complete. The encampment management responsibility plan shall contain, at a minimum, all of the following information:
1. The name, address, and telephone number of the encampment host, and the telephone number and email address for a designated representative of the encampment host; and
2. The name, address, and telephone number of the encampment sponsor and encampment manager, and the telephone number and email address for a designated representative of the encampment sponsor and encampment manager; and
3. The proposed location of the temporary homeless encampment and information as to whether the temporary homeless encampment will be located inside a building or outside a building on property owned or controlled by the encampment host; and
4. The date on which the temporary homeless encampment is proposed to move onto the proposed location and the date on which the temporary homeless encampment is proposed to vacate the proposed location; and
5. The maximum number of residents proposed; and
6. A site plan showing the proposed location of the facilities required by MVMC 17.210.030; and
7. A statement demonstrating how the temporary homeless encampment will meet the requirements of MVMC 17.210.030; and
8. A description of the security measures that the encampment host, encampment sponsor and encampment manager intend to employ at the proposed location, including criteria for rejection as a resident, a code of conduct, neighborhood security patrols, if any, whether and how they will implement outstanding warrant or registered sex offender background checks, and whether and how any temporary homeless encampment residents or prospective residents may be ejected from the temporary homeless encampment based on the results of such checks; and
9. A transportation plan demonstrating compliance with MVMC 17.210.030.
D. The application for a temporary homeless encampment permit must be accompanied by an application fee set forth in Chapter 14.15 MVMC.
E. An application for a temporary homeless encampment permit must be filed at least 30 days before the date on which the temporary homeless encampment is proposed to move onto the proposed location; provided, that the director may agree to a shorter period in the case of an emergency beyond the control of the encampment host and encampment sponsor.
F. An application for a temporary homeless encampment permit shall be processed as a Type II temporary homeless encampment permit under Chapter 14.05 MVMC subject to administrative appeal and final administrative decision by the city hearing examiner.
G. In addition to the requirements for a Type II permit under Chapter 14.05 MVMC, the following additional and amended procedures apply:
1. Public Meeting Required. The encampment host, manager and sponsor shall hold an informational public meeting that will be attended by the director. The public meeting shall be held as early in the review process as possible for the application. Notice of the public meeting shall be mailed to those property owners identified within subsection (G)(2) of this section. The public meeting notice will be combined with the notice of application whenever possible. Prior to the public meeting, the encampment host shall meet and confer with the Mount Vernon police department regarding the proposed security measures. At the public meeting, a representative of the encampment host shall present in writing and describe the proposed encampment management responsibility plan, and any input or comment received on the plan, including any comment or input from the Mount Vernon police department, or comment or input from schools and/or child care services under subsection (G)(2) of this section. The public meeting shall be attended by all applicants of the proposed temporary homeless encampment permit.
2. Additional Mailed Notice. The requirements for mailed notice of the application set forth for Type II permits under Chapter 14.05 MVMC shall be expanded to include owners of real property within 600 feet of the project site. Prior to the decision of the director on a temporary homeless encampment permit, the encampment host, encampment sponsor, or encampment manager 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 proposed temporary homeless encampment site, and shall meet and confer with the operators of any known child care service within 600 feet of the boundaries of the proposed temporary homeless encampment site. The encampment host 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 homeless encampment within 600 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 homeless 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 homeless encampment permit are met, or the need for additional conditions upon the temporary homeless encampment permit based on the applicable decision criteria.
3. The applicant shall provide notice of the application by posting two land use change signs on the site or in a location immediately adjacent to the site that provides visibility to motorists using adjacent streets. The director shall establish standards for timing of installation and removal of the signs and the public meeting notice.
H. The director shall coordinate review of the temporary homeless encampment permit with appropriate city staff and with other appropriate public agencies, including, but not limited to, Skagit County public health department and the Mount Vernon fire department. The director may issue the temporary homeless encampment permit if the application demonstrates that:
1. All of the requirements of MVMC 17.210.030 are met; and
2. The temporary homeless encampment will not be materially injurious to the public health, safety, and welfare or materially injurious to the property or improvements in the immediate vicinity.
I. Decisions of the director granting, granting with conditions, or denying a temporary homeless encampment permit shall be subject to one open record administrative appeal to the hearing examiner who shall render a final administrative determination. The hearing examiner’s decision shall be subject to appeal to the Skagit County superior court as provided in Chapter 36.70 RCW. In the event of any conflict with any other provisions of the Mount Vernon Municipal Code, this provision shall control notwithstanding MVMC 14.05.020. (Ord. 3743 § 4, 2018).
17.210.030 Requirements for approval and operation.
A. A temporary homeless encampment must meet all of the following requirements in addition to any other requirements imposed by this chapter:
1. The property or building must be of sufficient size to accommodate the proposed number of tents and residents and the on-site facilities required by this section.
2. Adequate provision must be made for the provision of drinking water, disposal of human waste, disposal of garbage and other solid waste, and the provision of other services, including, but not limited to, the following facilities:
a. Sanitary portable toilets or other restroom facilities in the number required to meet health regulations for the residents and staff of the temporary homeless encampment; and
b. Hand washing stations by the toilets or restrooms and by food service areas; and
c. Refuse receptacles meeting the requirements of the city’s solid waste division; and
d. A food service tent or other food service building or facility meeting health department requirements; and
e. A management tent or other management office or facility providing administrative and security services and readily identifiable to residents and visitors. Through the permit process a ratio of encampment staff to residents shall be established by the city. This ratio shall ensure the health and safety of the staff, residents, and surrounding neighbors.
3. Outdoor temporary homeless encampments shall meet all setbacks for the zoning district in which the property is located; provided, that where the temporary homeless encampment abuts property containing residential uses, the temporary homeless encampment shall be set back 20 feet from the property line or the minimum setback provided in the Mount Vernon Municipal Code, whichever is greater.
4. Outdoor temporary homeless encampments shall have a six-foot-tall sight obscuring fence provided around the perimeter of the temporary homeless encampment unless the director determines that there is sufficient vegetation, topographic variation, or other site conditions to provide equivalent screening of the use from adjacent properties.
5. Any and all exterior lighting for outdoor temporary homeless encampments shall be directed downward and away from adjacent properties to minimize light impacts.
6. The maximum number of residents within a temporary homeless encampment shall not exceed 100.
7. Parking for at a minimum five vehicles shall be provided and otherwise comply with Chapter 17.84 MVMC.
8. No children under the age of 18 shall be allowed in the temporary homeless encampment. If a child under the age of 18 attempts to reside at the temporary homeless encampment, the encampment sponsor, the encampment host, or the encampment manager shall immediately contact child protective services.
9. No animals shall be permitted in the temporary homeless encampment, except for service animals.
10. The encampment sponsor and/or the encampment host shall submit a code of conduct for the temporary homeless encampment and a statement describing how the code of conduct will be enforced. The code of conduct shall, at a minimum, contain the following:
a. A prohibition on the possession or use of illegal drugs or alcohol.
b. A prohibition on the possession of guns, knives with blades in excess of three inches, and weapons of all kinds.
c. A prohibition on violence.
d. A prohibition on open flames.
e. A prohibition on trespassing into private property in the surrounding neighborhood.
f. Hours during which quiet is to be observed.
11. A transportation plan must be submitted providing for access to transit. All temporary homeless encampments must be located within one-half mile of transit service. This measurement shall be taken in a straight line from the closest property line where the temporary homeless encampment is proposed to the existing transit service provided by Skagit Transit. During hours when public transportation is not available, the encampment sponsor, encampment host, or encampment manager shall also make transportation available to anyone who is rejected from or ordered to leave the temporary homeless encampment.
12. The temporary homeless encampment must comply with all regulations of Washington State, the city of Mount Vernon, and the Skagit County public health department. The temporary homeless encampment shall comply with the requirements of the International Fire Code and Washington Cities Electrical Code as adopted by the city of Mount Vernon. The encampment sponsor and encampment host shall permit inspections at all reasonable times by appropriate public officials from the agencies enforcing these codes for code compliance.
13. The encampment sponsor shall take all reasonable and legal steps to obtain verifiable identification from prospective residents of the temporary homeless encampments and use the identification to obtain sex offender and warrant checks from the appropriate agency. If the warrant and sex offender check reveals that a prospective resident or existing resident is a sex offender who is required to register with police or that the prospective resident has an outstanding warrant, the encampment sponsor shall reject the prospective resident or evict the existing resident.
14. Adequate access for fire and emergency medical apparatus shall be provided.
15. Adequate separation between tents and other structures shall be to limit fire exposure and provide for emergency exiting by residents.
16. Temporary homeless encampment permits may be approved only once over a one-year period for no more than 120 consecutive days. These time limits shall apply to property where a temporary homeless encampment is permitted regardless of whether or not an encampment manager or sponsor is different. For example, if a temporary homeless encampment permit was issued on December 1st of a given year for a 120-day period the site upon which the permit was issued could not host another temporary homeless encampment until December 1st of the following year. (Ord. 3743 § 4, 2018).
17.210.040 Hardship exception.
An encampment host, encampment sponsor, or encampment manager may petition the director for an exception from any of the specific use requirements of MVMC 17.210.030 or other condition imposed by the director upon grounds of hardship. In considering whether a hardship exception should be granted, the director may consider whether the provision or provisions at issue substantially burden the siting or hosting of a temporary homeless encampment at a particular location or by a particular encampment host, encampment sponsor, or encampment manager, the effects on health and safety of residents and the community should the exception be granted, and whether a less restrictive, alternative means to achieve the health and safety objectives is proposed and/or is reasonably available. (Ord. 3743 § 4, 2018).
17.210.050 Decision criteria.
The director may approve or approve with modifications an application for a temporary encampment permit if:
A. The temporary homeless encampment complies with the use requirements set out in MVMC 17.210.030 and other applicable requirements of this chapter; and
B. The temporary homeless encampment will not be materially detrimental to the public health, safety or welfare of the temporary homeless encampment residents or the surrounding community; and
C. The imposition of a condition under which the city reserves the right to impose additional conditions or to reconsider the temporary homeless encampment permit within a certain time frame from approval date, based on substantiated complaints filed with the city. (Ord. 3743 § 4, 2018).
17.210.060 Revocation of permit.
The director may revoke a temporary homeless encampment permit for violation of any of the requirements of this chapter. A decision of the director to revoke a temporary homeless encampment permit is a Type II decision processed in the same manner as a Type II temporary homeless encampment permit decision that may be appealed to the hearing examiner for final determination provided in Chapter 14.05 MVMC. The decision of the director to revoke a temporary homeless encampment permit shall be stayed during any appeal to the hearing examiner, but the stay will be lifted if the hearing examiner upholds the revocation. Decisions of the hearing examiner on a temporary homeless encampment permit revocation may be appealed to the Skagit County superior court as provided in Chapter 36.70 RCW. (Ord. 3743 § 4, 2018).
17.210.070 Limited homeless encampment (safe parking) accommodations.
A. Purpose. The purpose of this section is to provide homeless individuals with vehicles a place to temporarily park overnight to assist in transition to permanent housing.
B. There is no permit, or permit fees, for safe parking accommodations. Safe parking accommodations are an allowed outright use, but are required to comply with the following:
1. The safe parking host, manager or sponsor must provide notice of the safe parking accommodations as required in subsection C of this section.
2. Vehicles that individuals park and sleep within as means of shelter are limited to one vehicle per every 10 on-site parking spaces in a parking lot located on property owned or controlled by a religious organization.
a. Parking must continue to abide by existing on-site parking minimum requirements so that the provision of safe parking spaces does not reduce the total number of available parking spaces below the minimum number of spaces required by the city. However, the city may enter into a memorandum of understanding with a safe parking host that reduces the minimum number of on-site parking spaces required.
3. Restroom access must be provided either within the buildings on the property or through use of portable facilities.
4. Access to a hand washing station and trash facilities shall be provided on the site during hours vehicles are allowed to remain.
5. The safe parking host shall provide immediate cleanup of any litter, wastewater, sewage, or waste material discharge onto or deposited upon the surface of the ground or parking area, whether as a result of leaks from plumbing fixtures, wastewater, sewage, or waste.
6. The safe parking host shall comply and enforce compliance of applicable state statutes and regulations and local ordinances concerning, but not limited to, drinking water connections, solid waste disposal, human waste, outdoor fire or burning, and electrical systems.
7. Safe parking accommodations can be located on a site for no more than a total of six months during any calendar year.
a. City council can grant extensions of time to allow safe parking accommodations to be located on a site for more than a total of six months during any calendar year upon finding that the public health and safety of those utilizing the safe parking accommodations and the residents of the city are not being negatively impacted with the existence of the safe parking accommodations.
C. Prior to the opening of safe parking accommodations the safe parking host shall put on a meeting open to the public for the purpose of providing a forum for discussion of related neighborhood concerns, unless the use is in response to a declared emergency. If a meeting open to the public is not advisable due to public health concerns, such as the COVID-19 pandemic, the safe parking host can provide alternative means of providing public notice that provide a forum for discussion of neighborhood concerns related to proposed safe parking accommodations.
1. If a meeting open to the public is held the safe parking host must provide written notice of the meeting to the mayor’s office at least one week (if possible) but no later than 96 hours prior to the meeting. The notice must specify the time, place, and purpose of the meeting.
2. If a meeting open to the public is held the city shall provide public notice of the meeting described in subsection (C)(1) of this section by taking at least two of the following actions any time prior to the time of the meeting:
a. Delivering to each local newspaper of general circulation and local radio or television station that has on file with the governing body a written request to be notified of special meetings.
b. Posting notice of the meeting on the city’s website.
c. Prominently displaying, on signage at least two feet in height and two feet in width, one or more meeting notices that can be placed on or adjacent to the main arterials in proximity to the location of the meeting.
d. Prominently displaying the notice at the meeting site.
3. Prior to the opening of the safe parking accommodations the safe parking host shall complete a form provided by the city and shall provide the following information to the city. This information is required as it will allow the city to provide accurate information to the public regarding the safe parking accommodations:
a. The name, telephone number, and email address (if applicable) of at least two individuals responsible for receiving, responding, and resolving all complaints/concerns about the safe parking accommodations.
b. Dates that the limited safe parking accommodations will be located on a property.
c. The items listed in MVMC 17.210.020(C)(8) and 17.210.030(A)(10).
D. A safe parking host, manager or sponsor may petition the director for an exception from any conditions required under this subsection upon grounds of hardship. In considering whether a hardship exception should be granted, the director may consider whether the provision or provisions at issue substantially burden the siting or hosting of a limited homeless encampment (safe parking) accommodations at a particular location based upon the effects on health and safety of residents and the community should the exception be granted, and whether a less restrictive, alternative means to achieve the health and safety objectives is proposed and/or is reasonably available. (Ord. 3883 § 3, 2023).