A. The following table includes the permit review process and number of people allowed per facility in each general use type area:

B. When a site includes more than one general use type designation, the more restrictive requirements of this chapter shall apply.

C. In residential general use type areas and residential transition areas within urban village general use type areas, no more than one adult bed per 250 square feet of floor area is allowed per facility.

D. In commercial, industrial, urban village, and public general use type areas, no more than one adult bed per 35 square feet of floor area is allowed per facility.

E. In residential general use type areas, residents must be referred off site by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site is not allowed.

F. When located in multifamily buildings, interim housing must be located either within all units, on a single floor, or in a separately delineated segment of the building. This requirement does not apply to multifamily buildings wholly owned or controlled by the sponsor.

G. Interim housing facilities located in existing structures that do not meet building codes at the time of application may be provisionally approved consistent with the requirements of RCW 19.27.042.

H. If provided, exterior lighting must be directed downward and glare must be contained within the facility site.

I. Trash receptacles must be provided in multiple locations throughout the facility and site. A regular trash patrol in the immediate vicinity of the site must be provided.

J. The number of toilets required for each facility will be determined by the director or hearing examiner on a case-by-case basis in consultation with the Whatcom County health department after a review of factors such as the potential number and composition of residents.

K. Residents and staff must comply with all Whatcom County health department requirements related to food donations.

L. The sponsor and/or managing agency shall ensure compliance with Washington State laws and regulations, the Bellingham Municipal Code (BMC), and Whatcom County health department regulations. The sponsor and/or managing agency shall permit inspections by local agencies and/or departments to ensure such compliance and shall implement all directives resulting therefrom within the specified time period.

M. The maximum number of off-street parking spaces required for each facility will be determined by the director or hearing examiner taking into consideration factors such as the potential number of residents and site constraints.

N. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided.

O. All functions associated with the facility, including adequate waiting space, must take place within a building or on the site proposed to house the facility.

P. When applicable, interim housing facilities shall be subject to Chapter 20.25 BMC, Design Review. The director or hearing examiner has the ability to address certain design elements through additional standards or to modify certain standards if warranted per the site context.

Q. An operations plan must be provided that addresses the following elements to the satisfaction of the city:

R. On-site supervision must be provided at all times, unless it can be demonstrated through the operations plan that this level of supervision is not warranted for the population being housed.

S. Sponsors and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. Should a sponsor and/or managing agency not have any of the preceding qualifications, additional prescriptive measures may be required to minimize risk to both residents of the interim housing facility and the broader community.

T. No children under the age of 18 are allowed to stay overnight in interim housing, unless accompanied by a parent or guardian, or unless the facility is licensed to provide services to this population. If a child under the age of 18 without a parent or guardian present attempts to stay in a facility not specifically licensed for providing housing to youth, the sponsor and/or managing agency shall immediately contact Child Protective Services and actively endeavor to find alternative housing for the child.

U. The sponsor and/or managing agency shall designate points of contact and provide contact information (24-hour accessible phone contact) to the patrol operations commander for the Bellingham police department (BPD). The names of the on-duty points of contact must be posted on site daily, and their contact information must be provided to the BPD as described above.

V. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information.

W. People who are required to register as a sex offender are prohibited from the facility. Should the sponsor and/or managing agency become aware of a current or prospective facility resident who is an unregistered sex offender, it shall immediately contact the BPD. The sponsor and/or managing agency shall provide notice to prospective residents that the sponsor and/or managing agency will report any current or prospective resident who is an unregistered sex offender to the BPD. Managing agencies are not permitted to request a waiver from this requirement, per BMC 20.15A.050(C), unless they can demonstrate through the required operations plan that they have the experience and capacity needed to manage this population.

X. Should the sponsor and/or managing agency become aware of a current or prospective resident who has an active felony warrant, it shall follow set protocol (as approved by the BPD) for contacting the BPD and addressing these warrants. The sponsor and/or managing agency shall provide notice to prospective residents that it will report any current or prospective resident known to have an active felony warrant to the BPD.

Y. Managing agencies and the BPD shall establish requirements for appropriate access and coordination for the subject facility and its residents.

Z. The sponsor or managing agency shall coordinate with the homeless service center for referrals to their program and with other providers of facilities and services for people experiencing homelessness to encourage access to all appropriate services for their residents. [Ord. 2020-02-002 § 2 (Exh. A)].

A. Prior to submittal of a Type II or Type III-A interim housing permit application, written notice and an opportunity for comment on the proposal must be provided to any licensed child care facility and the administration of any public or private elementary, middle, junior high or high school within 600 feet of the boundaries of the proposed site. The applicant shall attempt to modify the proposal to respond to comments from administrators of the child care facilities and schools. This noticing requirement is in addition to the standard noticing requirements for Type II and Type III-A permits in Chapter 21.10 BMC.

B. Permit applications for interim housing must be made on forms prescribed by the city.

C. Permit applications for Type I and Type II interim housing will be processed by the city without charge. [Ord. 2020-02-002 § 2 (Exh. A)].

A. Because each interim housing facility has unique characteristics including, but not limited to, size, number of occupants and composition, the director or hearing examiner shall have the authority to impose conditions on the approval of an interim housing permit to ensure that the proposal meets the requirements of this chapter. Conditions, if imposed, must be intended to minimize nuisance-generating features such as noise, waste, air quality, traffic, physical hazards and other similar impacts that the facility may have on the area in which it is located. Conditions may also mitigate potentially adverse operational characteristics that may include, but are not limited to, direct intake of residents on site, daily check-in of residents in order to secure a bed, lack of resident enrollment in a program operated by the on-site agency, or lack of available intensive case management for residents on site.

B. In cases where the application does not meet the provisions of this chapter or adequate mitigation may not be feasible or possible, the director or hearing examiner shall deny the application.

C. The director or hearing examiner may approve an interim housing permit that relaxes one or more of the standards in this chapter, except the table in BMC 20.15A.020, only when the applicant submits a description of the standard to be modified and demonstrates how the modification would result in a safe facility with minimal negative impacts to the host community under the specific circumstances of the application. In considering whether the modification should be granted, the director or hearing examiner shall first consider the effects on the health and safety of facility residents and the neighboring communities. Modifications will not be granted if their adverse impacts on residents of the shelter and/or neighboring communities will be greater than those without modification. The burden of proof is on the applicant.

D. The director’s decision may be appealed to the hearing examiner as provided in BMC 21.10.250. [Ord. 2020-02-002 § 2 (Exh. A)].

A. Interim housing facilities are exempt from complying with the definition of “family” as defined in the BMC.

B. The following uses are exempt from compliance with this chapter: