Chapter 17.62 SHELTER AND EMERGENCY HOUSING PERFORMANCE STANDARDS

Chapter 17.62
SHELTER AND EMERGENCY HOUSING PERFORMANCE STANDARDS

Sections:

17.62.010 Purpose.

17.62.020 Scope.

17.62.030 Application and submittal contents.

17.62.040 Permit review process table.

17.62.050 Approval criteria.

17.62.060 Time limitations.

17.62.070 Modification.

17.62.080 Assurance device.

17.62.090 Permit suspension or revocation.

17.62.010 Purpose.

The purpose of this chapter is to allow, and to establish a review process for the siting and use of, shelters and emergency housing facilities for individuals and families who are unhoused or at imminent risk of becoming unhoused within Port Townsend. This includes continuum of care facilities, disaster relief shelters, emergency indoor day-use shelters, emergency indoor overnight shelters, emergency indoor housing facilities, emergency outdoor shelters, safe parking, and tiny shelter villages. These regulations are intended to protect public health and safety by requiring the safe operation of shelters and housing facilities, benefiting residents and the broader community. (Ord. 3335 § 2 (Exh. C.M), 2024).

17.62.020 Scope.

A. Applicability. Shelters and emergency housing facilities are permitted pursuant to the provisions of this section based on the underlying zoning and local, state, and federal law.

B. Religious Organizations. In accordance with RCW 35A.21.360, religious organizations may host homeless people on property owned or controlled by the religious organization. If applicable pursuant to RCW 35A.21.360(5), religious organizations shall utilize the homeless client management information system established in RCW 43.185C.180.

C. Permitted Zones and Permit Review Types. Applications for shelter facilities shall be processed as described in PTMC 17.62.040, according to the procedures for a Type I, Type I-A, Type II, or Type III land use decision established in Chapter 20.01 PTMC, Land Development Administrative Procedures. (Ord. 3335 § 2 (Exh. C.M), 2024).

17.62.030 Application and submittal contents.

The property owner and managing agency (collectively “the applicant”) shall sign and submit all of the following:

A. Application provided by the department of planning and community development for one of the following permit types as described by PTMC 17.62.040:

1. Type I, disaster relief shelter;

2. Type I-A, safe parking hosted by a religious organization;

3. Type II, safe parking hosted by a nonreligious nonprofit;

4. Type II, emergency housing or shelter facility, as described in PTMC 17.62.040; or

5. Type III, emergency housing or shelter facility, as described in PTMC 17.62.040 and all continuum of care facilities;

B. A site plan of the property, drawn to scale, showing existing natural features and critical areas, existing and proposed utility improvements, existing rights-of-way and improvements, the parking proposed on the property, as well as off-site parking, and existing and proposed structures or other improvements. For projects proposing new construction or clearing and grading, the site plan shall also include existing and proposed grades, stormwater and erosion control, landscaping, and perimeter screening for the proposed facility;

C. A vicinity map, showing the location of the site in relation to nearby streets and properties;

D. A written summary of the proposal, responding to the applicable standards and requirements of PTMC 17.62.050 and 20.01.100;

E. Address and parcel number of the subject property;

F. Photographs of the site;

G. A list of other permits that are or may be required for development of the property by the county or by another government agency with jurisdiction over the development;

H. Applicable permit fees;

I. A list of any development standards under PTMC Title 17 that the applicant seeks to modify;

J. A statement of qualifications of the applicant meeting the requirements of PTMC 17.62.050(B)(1);

K. The applicant’s draft policies and plans as described by PTMC 17.62.050(B)(3) and (B)(4);

L. Project statistics, including proposed site area, building coverage, number and location of tents and temporary structures, expected and maximum number of residents, and duration of the facility;

M. Documentation that the applicant has informed the consolidated homeless grant (CHG) lead agency of their intent to develop. The documentation shall include whether or not Homeless Management Information System participation will be required and that any data requested by the CHG lead agency has been provided, such as a description of services provided and the number of housing units or shelter beds intended to be developed. (Ord. 3335 § 2 (Exh. C.M), 2024).

17.62.040 Permit review process table.

The following table describes the permitting process each allowed use shall follow, unless exempted by state law.

Permit Review Process	Zone
Disaster Relief Shelter
Type I Permit Review Process. Disaster relief shelter applications shall be reviewed under a Type I permit and are allowed in all zones. Applications for disaster relief shelters shall be processed according to the procedures for Type I land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures.	All Zones
Safe Parking
Type I-A Permit Review Process. Applications for standalone safe parking facilities owned or operated by religious organizations shall be reviewed under a Type I-A permit and be processed according to the procedures for Type I-A land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures.	R-I
	R-II
	R-III
	R-IV
	C-I(MU)
	C-II(MU)
	C-II
	C-III
	C-II(S)
	M/C(S)
Type II Permit Review Process. Applications for standalone safe parking facilities owned or operated by a nonprofit entity other than a religious organization that are not religiously affiliated shall be reviewed under a Type II permit and be processed according to the procedures for Type II land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures.	R-I
	R-II
	R-III
	R-IV
	C-I(MU)
	C-II(MU)
	C-II
	C-III
	C-II(S)
	M/C(S)
Emergency Indoor Housing
Type II Permit Review Process. Applications for emergency indoor housing in the specified zones shall be reviewed under a Type II permit and processed according to the procedures for Type II land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures.	R-I
	R-II
	R-III
	R-IV
	C-I(MU)
	C-II(MU)
	C-II
	C-III
	C-II(S)
	M/C(S)
Type III Major Conditional Use Permit Review Process. Applications for emergency indoor housing in the specified zones shall be reviewed under a Type-III Major Conditional Use process. Applications for these uses shall be processed according to the procedures for Type III land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures.	C-II(H)
	M/C
	M-I
	M-II(A)
	M-II(B)
	M-III
Emergency Indoor Day-Use Shelters
Type I Permit Review Process. Applications for emergency indoor day-use shelters in the specified zones shall be reviewed under a Type I permit and be processed according to the procedures for Type I land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures.	R-III
	R-IV
	C-I(MU)
	C-II(MU)
	C-II
	C-III
	C-II(S)
	M/C(S)
Type II Permit Review Process. Applications for emergency indoor day-use shelters in the specified zones shall be reviewed under a Type II permit and be processed according to the procedures for Type II land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures.	R-I
	R-II
Type III Major Conditional Use Permit Review Process. Applications for emergency indoor day-use shelters in the specified zones shall be reviewed under a Type-III Major Conditional Use process. Applications for these uses shall be processed according to the procedures for Type III land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures.	C-II(H)
	M/C
	M-I
	M-II(A)
	M-II(B)
	M-III
Emergency Indoor Overnight Shelters
Type II Permit Review Process. Applications for emergency indoor overnight shelters in the specified zones shall be reviewed under a Type II and be processed according to the procedures for Type II land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures.	R-I
	R-II
	R-III
	R-IV
	C-I(MU)
	C-II(MU)
	C-II
	C-III
	C-II(S)
	M/C(S)
Type III Major Conditional Use Permit Review Process. Applications for emergency indoor overnight shelters in the specified zones shall be reviewed under a Type-III Major Conditional Use process. Applications for these uses shall be processed according to the procedures for Type III land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures.	C-II(H)
	M/C
	M-I
	M-II(A)
	M-II(B)
	M-III
Emergency Outdoor Shelters
Type II Permit Review Process. Applications for emergency outdoor shelters in the specified zones shall be reviewed under a Type II and be processed according to the procedures for Type II land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures.	R-III
	R-IV
	C-I(MU)
	C-II(MU)
	C-II(S)
	M/C(S)
Type III Major Conditional Use Permit Review Process. Applications for emergency outdoor shelters in the specified zones shall be reviewed under a Type-III Major Conditional Use process. Applications for these uses shall be processed according to the procedures for Type III land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures.	R-I
	R-II
	C-II
	C-III
Tiny Shelter Villages
Type II Permit Review Process. Applications for tiny shelter villages in the specified zones shall be reviewed under a Type II and be processed according to the procedures for Type II land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures.	R-I
	R-II
	R-III
	R-IV
	C-I(MU)
	C-II(MU)
	C-II
	C-III
	C-II(S)
	M/C(S)
Type III Major Conditional Use Permit Review Process. Applications for tiny shelter villages in the specified zones shall be reviewed under a Type-III Major Conditional Use process. Applications for these uses shall be processed according to the procedures for Type III land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures.	M/C
	M-I
	M-II(A)
	M-II(B)
	M-III
Continuum of Care
Type III Major Conditional Use Permit Review Process. Applications for continuum of care facilities shall be reviewed under a Type-III Major Conditional Use process. Applications for emergency indoor day-use shelters, emergency indoor overnight shelters, emergency indoor housing, emergency outdoor shelters, and tiny shelter villages shall also be reviewed as a Type III major conditional use if the proposed facility is located in the M/C, M-I, M-II(A), M-II(B), or M-III zones. Applications for these uses shall be processed according to the procedures for Type III land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures.	R-I
	R-II
	R-III
	R-IV
	C-I(MU)
	C-II(MU)
	C-II
	C-III
	M/C
	M-I
	M-II(A)
	M-II(B)
	M-III
	C-II(S)
	M/C(S)

(Ord. 3335 § 2 (Exh. C.M), 2024).

17.62.050 Approval criteria.

A. The following operational requirements apply to all emergency housing and shelters offering overnight services or beds, unless exempt under state law.

1. No children under the age of 18 are allowed to stay overnight in a shelter unless accompanied by a parent or legal guardian. If a child under the age of 18 without a parent or legal guardian present attempts to stay at the shelter, the managing agency shall immediately contact the Department of Social and Health Services, Child Protective Services, for placement in an alternative shelter.

2. The managing agency shall ensure compliance with all state and local public health regulations during operation of the shelter. As a condition of approval of the shelter, the managing agency shall allow reasonable access and permit inspections by state and local agencies and/or departments to ensure such compliance and shall implement all directives resulting therefrom within the specified time period. The managing agency must document ongoing compliance with public health requirements, including but not limited to the following:

a. Potable water, which must be available at all times at the site;

b. Portable or permanent toilets, which shall be set back from all property lines as determined by the PCD director and serviced as often as necessary to ensure sanitary conditions;

c. Hand-washing stations by all toilets and food preparation areas;

d. Food handling and storage facilities meeting all public health requirements (including those in Chapter 246-215 WAC), including but not limited to proper temperature control for food storage and an educational program for shelter residents; and

e. Refuse receptacles capable of providing capacity to keep the facility clean, without excess garbage accumulating outside of receptacles.

f. At continuum of care facilities and tiny shelter villages, the on-site services described in subsections (A)(2)(a) through (A)(2)(e) of this section shall be limited to the residents only and not available for drop in use by nonresidents.

3. The managing agency shall immediately contact the Port Townsend police department’s office if any individual is rejected or ejected from the facility under any of the following circumstances:

a. There is an active warrant on the individual;

b. There is a match on a sex offender check; or

c. In the judgment of the on-duty point of contact or on-duty security staff, the person rejected or ejected presents a potential threat to the community.

4. If not already required by state or federal funding provisions, the managing agency shall cooperate and collaborate with other providers of shelters and services for people who are unhoused within Port Townsend and Jefferson County, particularly with respect to provision of services and availability of resources.

5. Emergency Locator Address. After permit approval, the managing agency shall apply to the department for an emergency locator address for purposes of emergency response. The facility address shall also be recognized with the United States Postal System for mail delivery.

6. Buildings and Construction Compliance. The managing agency shall ensure that facilities including tiny shelters or other purpose-built structures are at all times in compliance with the requirements of PTMC Title 16 with respect to building and fire code requirements. As a condition of approval, the managing agency shall allow building and fire code officials reasonable access to outdoor and shared spaces for inspection purposes.

Table 17.62.050(A)(6) Applicable Building and Construction Codes for Emergency Housing and Shelter Facilities
Type of Structure	Applicable Code Section for Building and Construction Compliance
Structures Within Continuum of Care Facilities	Subject to fire life safety review as provided for in PTMC Title 16
Disaster Relief Shelters	Subject to fire life safety review
Emergency Indoor Housing	Subject to adopted codes per PTMC 16.04.020, Adoption of codes by reference.
Emergency Indoor Day-Use Shelter	Subject to adopted codes per PTMC 16.04.020, Adoption of codes by reference.
Emergency Indoor Overnight Shelter	Subject to adopted codes per PTMC 16.04.020, Adoption of codes by reference.
Emergency Outdoor Shelter	Subject to fire life safety review
Tiny Shelters	Subject to Chapter 16.06 PTMC and fire life safety review
Communal Structures within Tiny Shelter Villages and Emergency Outdoor Shelters	Subject to Chapter 16.06 PTMC and fire life safety review
Safe Parking Facilities	Communal structures and vehicle spacing are subject to fire life safety review.

7. Upon vacation of an entire shelter facility, all temporary structures and debris shall be removed from the host site within two calendar weeks, unless otherwise permitted by the PCD director. The site shall be restored, as near as possible, to the original condition, as identified in the site photos submitted with the application. Where deemed necessary by the director, the managing agency shall re-plant areas in which vegetation has been removed or destroyed. This requirement may be waived if the director approves the site be redesigned for a different use.

B. Standards for All New Facilities, Excluding Standalone Safe Parking. The following site requirements shall apply to all continuum of care facilities, emergency indoor day-use shelters, emergency indoor overnight shelters, emergency indoor housing facilities, emergency outdoor shelters, and tiny shelter villages, unless exempt under state law. Each approved standard shall be included as a condition of approval.

1. Managing Agency Qualifications. Any organization that applies for a permit for a shelter, emergency housing facility, or safe parking as part of a continuum of care facility shall include sufficient information in its application materials to demonstrate, to the director’s reasonable satisfaction, that the organization possesses two or more of the following qualifications, either directly, or indirectly through one or more of the organization’s directors, officers, or managers with direct supervision over the proposed facility:

a. Experience providing similar services to unhoused individuals;

b. A certification, or comparable academic credentials, in an applicable human service field;

c. Applicable work or volunteer experience in a related program with unhoused populations;

d. Lived experience with similar services.

Should the organization not meet at least two of the above qualifications, the PCD director may require additional prescriptive measures to ensure that the facility is operated in conformance with local, state, and federal requirements, and to minimize risk to both facility residents and neighbors.

2. Capacity. Each shelter will be limited in its service capacity to the number of people that the site can accommodate, as determined by the building official pursuant to applicable building and fire codes.

3. Policies and Plans for Emergency Indoor Day-Use Shelter. No indoor emergency day-use shelter shall be permitted without approved standard operating procedure plans that address the following:

a. Operations plan addressing:

i. Site management;

ii. Provision of human and social services;

iii. Roles and responsibilities of key staff;

iv. Policies for entry to site by visitors; and

v. Policies for denial of services in accordance with subsections (B)(3)(b)(ii) and (B)(3)(d)(xii) of this section.

b. Safety and security plan that incorporates feedback from local law enforcement services, and describes measures that the site manager will employ to promote the safety of facility occupants and surrounding residents and businesses, including, but not limited to:

i. Evacuation or shelter in place procedures in the event of an emergency, such as a fire, active shooter, natural disaster or other emergency;

ii. Criteria for rejection or removal of an individual seeking access to the facility;

iii. A plan to address disruptive behavior in the facility and on the property that infringes on the safety of occupants or employees of the use, and a description of the consequences for engaging in disruptive behavior;

iv. A plan to address behavior that is inconsistent with the facility’s code of conduct and Port Townsend Municipal Code; and

c. “Good neighbor” policy that sets out a plan for informing neighboring properties of facility hours, services, and the facility’s designated point of contact.

d. Proposed Code of Conduct. A “code of conduct” is an agreement on rules of behavior between facility visitors and the managing agency. The code of conduct is intended to protect the health, safety and welfare of the visitors and employees of the shelter facility, and surrounding residents and businesses. Facilities shall address violations of the code of conduct per the visitors’ rights and grievances procedures. The code of conduct must include, at a minimum, provisions committing visitors to the following:

i. Maintaining appropriate public health standards on the site by preventing the accumulation of garbage and other health hazards or nuisances;

ii. Respecting state law restrictions on smoking and agreeing to use designated smoking areas where provided;

iii. Prohibiting threatening, illegal, and unsafe behavior, per local, state and federal law;

iv. Respecting all rules required by the managing agency as a condition of entry to the site;

v. Resident rights statement and grievance procedures, including the right to a copy of the code of conduct and a copy of dispute resolution rules for each resident; and

e. Any other policies necessary for the health, safety, and welfare of facility residents, staff, neighbors, and the broader community.

4. Policies and Plans for Emergency Indoor Housing and Emergency Indoor Overnight Shelters. No indoor emergency housing or indoor overnight shelter shall be permitted without approved standard operating procedure plans that address the following:

a. Operations plan addressing:

i. Site management;

ii. Site maintenance;

iii. Provision of human and social services;

iv. Roles and responsibilities of key staff;

v. Policies for entry to site by residents and visitors; and

vi. Policies for denial of services in accordance with subsections (B)(3)(b)(ii) and (B)(3)(d)(xii) of this section.

i. Evacuation or shelter in place procedures in the event of an emergency, such as a fire, active shooter, natural disaster or other emergency;

ii. Criteria for rejection or removal of an individual seeking access to the facility;

iv. A plan for managing unpermitted access to the facility and property;

v. A plan to address behavior that is inconsistent with the facility’s code of conduct and Port Townsend Municipal Code; and

vi. A plan for coordination and communication between the managing agency and law enforcement agencies to ensure timely information sharing between agencies.

c. “Good neighbor” policy that sets out a plan for engagement through the life of the facility with the community and a process for addressing grievances of facility residents, concerned neighbors, and residents of the broader community, and which will:

i. Be developed through documented outreach to the adjacent neighbors; and

ii. Include a designated point of contact and their contact information available for the residents and neighbors.

d. Proposed Code of Conduct. The proposed code of conduct shall be further developed and adopted by the residents of the facility. Updates to the code of conduct shall be reported to the city during annual inspections or more frequently if indicated by neighborhood engagement. A “code of conduct” is an agreement on rules of behavior between facility occupants and the managing agency. The code of conduct is intended to protect the health, safety and welfare of the residents and employees of the shelter facility, and surrounding residents and businesses. The code of conduct must include, at a minimum, provisions committing occupants to the following:

i. Respecting the rights of property owners to restrict access to areas of their property that are not open to the public or to facility residents;

ii. Maintaining appropriate public health standards on the site by preventing the accumulation of garbage and other health hazards or nuisances;

iii. Respecting state law restrictions on smoking and agreeing to use designated smoking areas where provided;

iv. Maintaining reasonable noise levels in compliance with the public disturbance noise prohibitions;

v. Prohibiting threatening, illegal, and unsafe behavior, per local, state and federal law;

vi. Storing all items the managing organization deems as weapons in a safe location;

vii. Prohibiting any of the following fire hazards in any tent or tiny structure: open flames including candles, incense, fuel gas appliances or other equipment, convection or toaster ovens, or hot plates;

(A) Microwaves are allowable; however, cooking activities, outside the use of a microwave, must only be allowed in an officially designated cooking area;

viii. Storing materials or objects outside in such a manner to prevent creating a public nuisance or fire risk;

ix. How to appropriately care for dogs and other pets on site, if pets are allowed, to prevent animal control nuisances, including disposing of animal waste and preventing noise complaints;

x. Respecting all rules required by the managing agency as a condition of entry to the site;

xi. Complying with terms of any “good neighbor” policy provisions that apply to occupants of the tiny shelter village;

xii. Resident rights statement and grievance procedures, including the right to a copy of the code of conduct and a copy of dispute resolution rules for each resident; and

xiii. A visitors policy detailing when the facility is open to residents’ guests, what areas of the facility are available for visitors, check-in procedures for visitors, and steps taken to ensure all visitors comply with the code of conduct.

e. Any other policies necessary for the health, safety, and welfare of facility residents, staff, neighbors, and the broader community.

5. Policies and Plans for Outdoor Emergency Housing and Shelters, Excluding Standalone Safe Parking. No outdoor emergency housing or shelter shall be permitted without the approved standard operating procedures listed in PTMC 17.62.050(B)(3) and the following additional procedures:

a. Operations Plan.

i. A statement of actions that the applicant will take to obtain verifiable identification from all facility residents, for the purpose of obtaining sex offender and warrant checks from appropriate agencies;

b. Safety and security plan, which incorporates the requirements of PTMC 17.62.050(B)(3)(b); and:

i. The managing agency shall take reasonable and legally permissible steps to obtain verifiable identification information from current and prospective residents, including full name and date of birth, and initiate background checks with the appropriate agencies. The managing agency shall keep a current log of names and dates of all people who stay overnight in the facility. This log shall be available upon request to law enforcement agencies and prospective residents shall be so advised by the managing agency;

ii. Perimeter fencing or screening to limit access to the site for safety and security reasons, without obstructing sight at the street, street intersections, or curbs. Screening material may include fencing, landscaping or other site-specific methods approved by the PCD director;

iii. Implementation of registered sex offender background checks and compliance with applicable registration and notification requirements;

iv. A plan for managing on-site security;

v. The provision of a live-in, on-site manager representing the managing agency;

vi. The provision of a phone number and point of contact at the site of the proposed shelter for the community to report concerns;

vii. A plan for addressing reported concerns and documenting resolution, and making this information publicly available with appropriate measures to protect the privacy of those involved; and

viii. Identification of performance metrics that will be used to track compliance with the safety and security plan.

c. Transportation plan, addressing transit proximity, vehicle circulation, and pedestrian and bicycle ingress and egress to the facility.

C. Standards for Standalone Safe Parking. No standalone safe parking facility shall be permitted within the city except in accordance with the following provisions, unless exempt under state law:

1. Organizer Qualifications. Any religious organization or nonprofit entity other than a religious organization that applies for a permit to operate a safe parking facility shall include sufficient information in its application materials to demonstrate, to the director’s reasonable satisfaction, that the organization possesses two or more of the following qualifications, either directly, or indirectly through one or more of the organization’s directors, officers, or managers with direct supervision over the proposed facility:

a. Experience providing similar services to unhoused individuals;

b. A certification, or comparable academic credentials, in an applicable human service field;

c. Applicable work or volunteer experience in a related program with unhoused populations;

d. Lived experience with similar services.

Should the religious organization or nonprofit entity other than a religious organization not meet at least two of the above qualifications, the PCD director may require additional prescriptive measures to ensure that the facility is operated in conformance with local, state, and federal requirements, and to minimize risk to both facility residents and neighbors.

2. Capacity. Each standalone safe parking facility will be limited in its service capacity to the number of people that the site can accommodate, as determined by the PCD director pursuant to applicable building and fire codes. It is recommended that the organization also maintain the minimum recommended number of available parking spaces for any existing uses on the property, in accordance with PTMC 17.72.080.

3. Policies and Plans for Standalone Safe Parking. No standalone safe parking facility shall be permitted without approved standard operating procedure plans that address the following:

a. Operations plan addressing:

i. Site management;

ii. Site maintenance;

iii. Provision of human and social services;

iv. Roles and responsibilities of key staff;

v. Policies for entry to site by residents and visitors; and

vi. Policies for denial of services in accordance with subsections (C)(3)(b)(iii) and (C)(3)(b)(iv) of this section.

b. Safety and security plan, which incorporates feedback from local law enforcement services, and describes measures that the site manager will employ to promote the safety of facility occupants and surrounding residents and businesses, including, but not limited to, all of the following:

i. Perimeter fencing or screening to limit access to the site for safety and security reasons, without obstructing sight at the street, street intersections, or curbs. Screening material may include fencing, landscaping or other site-specific methods approved by the PCD director;

ii. Evacuation or shelter in place procedures in the event of an emergency, such as a fire, active shooter, natural disaster or other emergency;

iii. Criteria for rejection or removal of an individual seeking access to the facility;

iv. How the criteria for rejection or removal shall be shared with all residents and visitors;

v. A plan to address disruptive behavior in the facility and on the property that infringes on the safety of the occupants of the facility, or the safety of the members of the religious organization or the organization’s employees or volunteers, and a description of the consequences for engaging in disruptive behavior;

vi. A plan to address behavior that is inconsistent with the facility’s code of conduct and Port Townsend Municipal Code;

vii. A plan for coordination and communication between the religious organization and law enforcement agencies to encourage the timely sharing of information;

viii. Implementation of registered sex offender background checks and compliance with applicable registration and notification requirements, to the extent permitted by RCW 35A.21.360(4);

ix. A plan for managing on-site security concerns;

x. The provision of a phone number and point of contact at the site of the proposed safe parking facility for the community to report concerns;

xi. A plan for addressing reported concerns and documenting resolution, and making this information publicly available, with appropriate measures to protect the privacy of those involved; and

xii. Identification of performance metrics that will be used to track compliance with the safety and security plan.

c. “Good neighbor” policy that sets out a plan for continuous engagement through the life of the facility with the community and a process for addressing grievances of facility residents, concerned neighbors, and residents of the broader community, and which will:

i. Be developed through documented outreach to the adjacent property owners and neighboring residents;

ii. Include a designated point of contact and contact information for the residents and neighbors; and

iii. Be presented to the city council in a public session that includes the opportunity for public comment.

d. Transportation plan, addressing transit proximity, vehicle circulation, and pedestrian and bicycle ingress and egress to the facility.

e. Any other policies necessary for the health, safety, and welfare of facility residents, staff, neighbors, and the broader community, consistent with state law.

D. Standards for All Continuum of Care Facilities.

1. No continuum of care facility shall be permitted within the city unless it meets all approval criteria listed in subsection A of this section, operational requirements for emergency housing and overnight shelters, and PTMC 17.84.050, conditional use permit approval criteria.

E. Siting Criteria. Siting criteria for emergency housing and shelter facilities, unless exempt under state law:

1. All proposed structures for emergency indoor housing, emergency indoor day-use shelters, and emergency indoor overnight shelters shall be located in accordance with the setback requirements for the underlying zoning, as set forth in PTMC Table 17.16.030, Table 17.18.030, Table 17.20.030, Table 17.22.030, Table 17.24.030, Table 17.31.050, or Table 17.31.080;

2. All proposed structures for tiny shelter villages, emergency outdoor shelters, and safe parking facilities shall be located a minimum setback of 15 feet from the property line of abutting properties. Applicants may request setback reductions if the property boundary is marked with a fence that is at least six feet tall and in compliance with Chapter 17.68 PTMC. The PCD director may also grant setback reductions if changes in elevation, intervening buildings, or other physical characteristics of the site provide adequate separation between the facility and adjoining uses;

3. All facilities shall be located within one-half mile walking distance to public transit, with the exception of facilities hosted by a religious organization on real property it owns or controls, or disaster relief shelters. If the proposed site is not within the stated proximity, the applicant may meet this requirement by providing a plan demonstrating how the applicant will provide access to public services to occupants of the proposed facility;

4. Sites within a critical area or its buffer shall be subject to Chapter 19.05 PTMC;

5. Emergency housing and shelter facilities shall comply with all applicable development standards of PTMC Titles 16 and 17;

6. It is recommended that emergency housing and shelter facilities not be sited in a manner which displaces on-site parking on the host property necessary for another on-site principal use, unless sufficient required off-site parking remains available for the host’s principal use, or unless a shared parking agreement is executed with adjacent properties;

7. Emergency housing and shelter facilities shall contain exterior lighting that is directed downward so that glare is contained within the premises;

8. Emergency housing and shelter facilities shall be sized in accordance with site conditions and other factors; provided, however, that the building official shall determine the maximum number of persons who may reside at a facility. (Ord. 3335 § 2 (Exh. C.M), 2024).

17.62.060 Time limitations.

A. Frequency and Duration of Facility Use.

1. Emergency housing and shelter facilities may be approved without a specified end date and may continue to operate so long as, in the judgment of the PCD director, the facility:

a. Is in substantial conformance with the project as approved;

b. Complies with all conditions of approval;

c. Passes all health and safety inspections;

d. Has not changed the site significantly;

e. Is not experiencing changed circumstances associated with the use; and

f. Has passed annual inspections by the fire code official per International Fire Code Section 104, including all temporary structures, tents, RVs, tiny shelters, and common use structures.

g. Shelters and facilities that do not meet the criteria described in subsections (A)(1)(a) through (A)(1)(f) of this section may apply for a Type III variance reviewed by the hearing examiner as provided in PTMC 20.01.040. If the facility is closed or the use is discontinued for one year, the site shall be vacated and restored to its prefacility condition unless the site is redesigned for other use as agreed upon by the PCD director.

2. Additional Duration Requirements for Tiny Shelter Villages. Tiny shelter village facilities may be approved without a specified end date and may continue to operate so long as, in the judgment of the PCD director as supported by annual inspections, the following criteria are met:

a. The individual tiny shelters proposed for siting within a village were manufactured not more than five years prior to the date of physical placement at the site, as evidenced by the permanent label required by PTMC 16.06.100; or

b. Tiny shelters that are in excess of five years of age must pass inspection by the fire code and building official prior to placement within a site, or relocation to another site, or before they may continue to be used or occupied at their original site, as determined using the date of manufacture. The building official shall determine and provide, in writing, conditions for retirement of the tiny shelter or allowances for continued use;

c. Tiny shelter villages that do not meet all of the above requirements may apply for a Type III variance reviewed by the hearing examiner as provided in PTMC 20.01.040. If the tiny shelter village is closed or the use is discontinued for a year, the site shall be vacated and restored to its prefacility condition unless the site is redesigned for other use as agreed upon by the PCD director. (Ord. 3335 § 2 (Exh. C.M), 2024).

17.62.070 Modification.

The applicant and/or the city may initiate a modification to an approved emergency housing or shelter permit. A modification will be processed as a Type II land use decision pursuant to Chapter 20.01 PTMC, Land Development Administrative Procedures. Through the modification procedure, the city shall review requested modifications and may delete, modify or impose additional conditions upon finding that the use for which the approval was granted has been intensified, changed or modified by the property owner or by person(s) who control the property without approval so as to significantly impact surrounding land uses. (Ord. 3335 § 2 (Exh. C.M), 2024).

17.62.080 Assurance device.

A. Liability Insurance. Except for religious organizations, the applicant shall procure and maintain in full force, through the duration of the life of the facility, comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence/aggregate for personal injury and property damage. (Ord. 3335 § 2 (Exh. C.M), 2024).

17.62.090 Permit suspension or revocation.

If a sponsor and/or managing agency fails to comply with the regulations of PTMC Titles 15 or 16, or Chapter 17.62 PTMC, or the conditions of approval, the PCD director or their designee shall work with the applicant to achieve voluntary compliance. If voluntary compliance cannot be achieved, the director may close the shelter until the sponsor and/or managing agency comes into compliance with this code and the conditions of approval.

The city may suspend or revoke an approved emergency housing or shelter permit pursuant to Chapter 1.20 PTMC only upon finding that:

A. The use for which the approval was granted has been abandoned for a period of at least one year; or

B. Approval of the permit was obtained by misrepresentation of material fact; or

C. The permit is being exercised contrary to the terms of approval; or

D. The PCD director or their designee worked with the applicant to reach voluntary compliance, and voluntary compliance cannot be achieved. (Ord. 3335 § 2 (Exh. C.M), 2024).