A. Temporary safe parking areas, temporary tent encampments and temporary tiny house encampments must be located a minimum of 20 feet from the property line of abutting properties, unless the director finds that a reduced buffer width will provide adequate separation between the shelter and adjoining uses due to changes in elevation, intervening buildings or other physical characteristics of the site.

B. Temporary safe parking areas, temporary tent encampments and temporary tiny house encampments shall comply with the critical areas ordinance, Chapter 16.55 BMC.

C. The maximum number of people allowed at one time in a single temporary safe parking area, temporary tent encampment or temporary tiny house encampment will be determined by the director taking into consideration site conditions. In determining the maximum number of people allowed at each individual encampment, the director shall consider factors such as the size and location of the site, the surrounding land uses, and other contextual factors. The number of people allowed at each site may be reduced based on the characteristics of the population served and necessary services to be provided.

D. Fencing adequate to limit access to the site for the safety and security of residents must be installed on the perimeter of the shelter site; provided, that fencing does not create a sight obstruction at the street or street intersections or curbs as determined by the city engineer. A six-foot-tall fence, which may include chain link or other temporary fencing materials, is presumed adequate for this purpose. The director may waive this requirement if there is sufficient vegetation, topographic variation, or other site considerations such that complete perimeter fencing would not be needed to serve this purpose.

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

F. The following health and safety elements must be provided for the temporary shelter site:

G. Tiny house encampments must include the following additional indoor safety measures for the tiny homes:

H. Subject to the limitations in RCW 35.21.915 and 19.27.042, the sponsor and/or managing agency shall ensure compliance with Washington State laws and regulations, the Bellingham Municipal Code, and Whatcom County health department regulations concerning, but not limited to, drinking water connections, solid waste disposal, and human waste. 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.

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

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

K. All functions associated with the shelter, including adequate waiting space, must take place on the site proposed to house the encampment.

L. On-site supervision must be provided at all times.

M. A code of conduct must be provided that not only protects the health, safety and welfare of shelter guests, but also mitigates impacts to neighbors and the community consistent with RCW 35.21.915. At a minimum, the code must include a prohibition on the on-site use or sale of alcohol and illegal drugs and threatening or unsafe behavior. The sponsor and/or managing agency shall ensure that items deemed as weapons are stored in a safe location.

N. An operations plan must be provided that addresses site management, site maintenance, and provision of human and social services.

O. 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 guests of the temporary shelter and the broader community.

P. No children under the age of 18 are allowed to stay overnight in a temporary shelter, unless accompanied by a parent or guardian, or unless the shelter 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 shelter not specifically licensed for providing shelter to youth, the sponsor and/or managing agency shall immediately contact the regional emergency hotline for homeless youth and actively endeavor to find alternative shelter for the child.

Q. 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. At least one designated point of contact shall be on duty at all times. The names of the on-duty points of contact shall be posted on site daily, and their contact information shall be provided to the Bellingham police department as described above.

R. 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 shelter guests and shall keep a log containing this information.

S. People who are required to register as a sex offender are prohibited from the shelter. Should the sponsor and/or managing agency become aware of a current or prospective guest who is an unregistered sex offender, it shall immediately contact the Bellingham police department. The sponsor and/or managing agency shall provide notice to prospective guests that the sponsor and/or managing agency will report any current or prospective guest who is an unregistered sex offender to the Bellingham police department. Managing agencies are not permitted to request a waiver from this requirement, per BMC 20.15.080(D), unless they can demonstrate through the required operations plan that they have the experience and capacity needed to manage this population.

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

U. Managing agencies and the Bellingham police department shall establish requirements for appropriate access and coordination for the subject shelter and its residents.

V. The sponsor or managing agency shall coordinate with the homeless service center for referrals to their program and with other providers of shelters and services for people experiencing homelessness to encourage access to all appropriate services for their guests.

W. The sponsor and/or managing agency shall provide before photos of the host site.

X. Upon vacation of the shelter site, all temporary structures and debris shall be removed from the site and the site shall be restored, as near as possible, to its original condition within one calendar week. Where deemed necessary by the director, the sponsor and/or managing agency shall replant areas in which vegetation had been removed or destroyed. [Ord. 2025-09-021 § 1; Ord. 2020-02-003 § 3; Ord. 2018-10-019 § 3 (Exh. A)].

A. Temporary building encampments are permitted in industrial general use type areas, commercial and industrial areas within urban village general use type areas, commercial general use type areas where hotels and motels are permitted, and public general use type areas. In determining the maximum number of people allowed at each individual encampment, the director shall consider factors such as the size and location of the site, the surrounding land uses, and other contextual factors. The number of people allowed at each site may be reduced based on the characteristics of the population served and necessary services to be provided.

B. Temporary building encampments are not permitted in residential or institutional general use type areas.

C. When a general use type area includes a mix of general use type areas, the more restrictive requirements of this chapter apply.

D. Temporary building encampments hosted 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.

E. No more than one bed per 35 square feet of floor area is permitted.

F. Trash receptacles must be provided in multiple locations throughout the temporary building encampment. A regular trash patrol in the immediate vicinity of the site must be provided.

G. The number of toilets required for each encampment will be determined by the director 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 guests.

H. Public health guidelines on food donations and food handling and storage, including proper temperature control, must be followed and guests involved in food donations and storage shall be made aware of these guidelines consistent with the Whatcom health department requirements.

I. Subject to the limitations in RCW 19.27.042, the sponsor and/or managing agency shall ensure compliance with Washington State laws and regulations, the Bellingham Municipal Code, and the Whatcom County health department’s 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.

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

K. A strategy must be included in the operations plan to limit outdoor waiting.

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

M. On-site supervision must be provided at all times.

N. A code of conduct must be provided that not only protects the health, safety and welfare of shelter guests, but also mitigates impacts to neighbors and the community consistent with RCW 35.21.915. At a minimum, the code must include a prohibition on the on-site use or sale of alcohol and illegal drugs and threatening or unsafe behavior. The sponsor and/or managing agency shall ensure that items deemed as weapons are stored in a safe location.

O. An operations plan must be provided that addresses site management, site maintenance, and provision of human and social services.

P. 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 guests of the temporary building encampment and the broader community.

Q. No children under the age of 18 are allowed to stay overnight in a temporary building encampment, unless accompanied by a parent or guardian, or unless the temporary building encampment 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 temporary building encampment not specifically licensed for providing shelter to youth, the sponsor and/or managing agency shall immediately contact the regional emergency hotline for homeless youth and actively endeavor to find alternative shelter for the child.

R. 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. At least one designated point of contact shall be on duty at all times. The names of the on-duty points of contact must be posted on site daily, and their contact information must be provided to the Bellingham police department as described above.

S. 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 shelter guests and shall keep a log containing this information.

T. People who are required to register as a sex offender are prohibited from the shelter. Should the sponsor and/or managing agency become aware of a current or prospective guest who is an unregistered sex offender, it shall immediately contact the Bellingham police department. The sponsor and/or managing agency shall provide notice to prospective guests that the sponsor and/or managing agency will report any current or prospective guest who is an unregistered sex offender to the Bellingham police department. Managing agencies are not permitted to request a waiver from this requirement, per BMC 20.15.080(D), unless they can demonstrate through the required operations plan that they have the experience and capacity needed to manage this population.

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

V. Managing agencies and the Bellingham police department shall establish requirements for appropriate access and coordination for the subject shelter and its residents.

W. The sponsor or managing agency shall coordinate with the homeless service center for referrals to their program and with other providers of shelters and services for people experiencing homelessness to encourage access to all appropriate services for their guests. [Ord. 2025-09-021 § 2; Ord. 2020-02-003 § 4; Ord. 2018-10-019 § 3 (Exh. A)].

A. Temporary safe parking areas, temporary tent encampments, and temporary tiny house encampments may be approved for a period of up to two years, with the potential for consecutive one-year renewals provided the sponsor and managing agency comply with all permit conditions. The director shall have the authority to modify or add permit conditions, as needed, during the review process to renew a permit. A permit may be renewed for additional one-year terms subject to the following:

Renewals are subject to a Type I review process under BMC 21.10.100 and may be appealed to the hearing examiner as provided in BMC 21.10.250. The permit must specify a date by which the use will be terminated and the site vacated and, where applicable, restored to its preexisting condition. [Ord. 2025-09-021 § 3; Ord. 2021-10-039 § 1; Ord. 2020-02-003 § 6; Ord. 2018-10-019 § 3 (Exh. A). Formerly 20.15.040].

A. Application for a temporary use permit must be made on forms prescribed by the city and accompanied by the following information; provided, that the director may waive any of these items upon request by the applicant, finding that the item is not necessary to analyze the application.

B. Prior to submittal of the 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.

C. All temporary shelter applications must include the following information, when applicable:

A. All temporary shelter applications will be reviewed under a Type II process under BMC 21.10.110; however, the following timelines will override those found in BMC 21.10.110. Final action on permit applications made under this chapter will be rendered within 30 days of submittal, unless extended by mutual agreement between the city and applicant. Within seven calendar days of receiving a complete application, the director shall publish a notice of application for a temporary use permit. The notice will contain, at a minimum, the date of application, project location, proposed duration and operation of the temporary shelter, maximum number of guests, conditions that will likely be placed on the operation of the shelter, and requirements of the written code of conduct.

B. Decision and Notice of Decision.

C. Because each temporary shelter has unique characteristics including, but not limited to, size, duration, uses, number of occupants and composition, the director shall have the authority to impose conditions on the approval of a temporary use permit to ensure that the proposal meets the criteria for approval listed above. Conditions, if imposed, must be intended to minimize nuisance-generating features such as noise, waste, air quality, unsightliness, traffic, physical hazards and other similar impacts that the temporary shelter may have on the area in which it is located and consistent with RCW 35.21.915. In cases where the application for a temporary use permit does not meet the provisions of this chapter (except when allowed under subsection (D) of this section) or adequate mitigation may not be feasible or possible, the director shall deny the application.

D. The director may approve a temporary use permit for a temporary shelter that relaxes one or more of the standards in this chapter only when, in addition to satisfying the decision criteria stated above, the applicant submits a description of the standard to be modified and demonstrates how the modification would result in a safe shelter 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 shall first consider the effects on the health and safety of shelter guests and the neighboring communities. Modifications will not be granted if their adverse impacts on guests of the shelter and/or neighboring communities will be greater than those without modification. The burden of proof is on the applicant.

E. The director’s decision may be appealed to the hearing examiner as provided in BMC 21.10.250. [Ord. 2020-02-003 § 9; Ord. 2018-10-019 § 3 (Exh. A)].

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

B. Temporary building encampments on property owned or controlled by a religious organization are exempt from BMC 20.15.030(A), (B), and (C). [Ord. 2025-09-021 § 5; Ord. 2020-02-003 § 11].