Lacey City Zoning Code
16.64 Homeless
Encampments
16.64.010 Who may apply.
Homeless encampments shall be permitted only as an accommodation of religious exercise by a host agency. Each host agency shall apply for a permit under this section and shall certify compliance with all applicable requirements for approval and conditions of this chapter and the application. (Ord. 1410 §1 (part), 2013; Ord. 1346 §1, 2010; Ord. 1326 §5, 2009; Ord. 1307 §5, 2008).
16.64.020 Applicable procedures.
A homeless encampment permit is an administrative determination as identified in Section 1C.030 (Limited Administrative Review) of the City of Lacey Development Guidelines and Public Works Standards. In addition to the requirements for administrative determinations found in Section 1C.030 of the Development Guidelines and Public Works Standards the following additional procedures apply:
A. Advance Notice Required. The host agency shall notify the city of the proposed homeless encampment a minimum of thirty days in advance of the proposed date of establishment for the homeless encampment. The advance notification shall contain the following information:
1. Date. The date the homeless encampment intends to begin operation;
2. Length. The length of time expected for operation;
3. Residents. The maximum number of residents proposed;
4. Location. The host location;
5. Host Name. The name of the host agency; and
6. Site Plan. The location, dimensions, and layout of the encampment on site.
B. North Thurston Public Schools Notified. Upon receipt of an application the director shall send a copy of the application to the administrative offices of the North Thurston Public Schools for its review and consideration.
C. Public Meeting Required. The host agency shall conduct at least one public information meeting within or as close as possible to the neighborhood where the proposed homeless encampment will be located. The meeting shall be held a minimum of fourteen days prior to the issuance of the temporary use permit. The time and location of the meeting shall be agreed upon between the city and host agency. All property owners and all organizations, businesses, or persons that lease/rent property within three hundred feet of the proposed homeless encampment site shall be notified by the host agency a minimum of fourteen days in advance of the meeting. Notification may be by mail, phone, or personal contact.
D. Signs Required. In addition to the notification described above, the applicant shall provide notice of the application by posting two signs or placards on the site, or in a location immediately adjacent to the site, that provide visibility to motorists using adjacent streets. Timing for placing signs shall coincide with other notification requirements described above. The director of community and economic development shall establish standards for size, color, layout, design, placement, and timing of installation and removal of the signs or placards.
E. Plan for Reporting Transition Results. Included in the application shall be a plan for reporting the results of transitioning residents to permanent housing. The plan shall provide for a review of how long residents needed to use the camp for housing and when residents graduated to permanent housing or left the camp for other temporary housing. The intent shall be to have this information to consider the success of the encampment in handling residents’ housing needs on a temporary basis and providing a hand up for the purpose of finding more permanent housing opportunities. This information may be used by the council in considering the longevity and continuation of the homeless shelter ordinance. (Ord. 1539 §105, 2019; Ord. 1410 §1 (part), 2013; Ord. 1346 §1, 2010; Ord. 1326 §6, 2009; Ord. 1307 §5, 2008).
16.64.030 Requirements for approval.
The community and economic development director or designee may issue a temporary and revocable permit for a homeless encampment subject to the following criteria and requirements:
A. Site Criteria.
1. Ownership. The host agency shall submit documentation that it owns or has a leasehold interest in the subject property;
2. Size. The property must be sufficient in size to accommodate the residents and, for outside encampments, must have necessary on-site facilities including but not limited to the following:
a. Food tent and host tent;
b. Sanitary toilets in the number required to meet capacity guidelines;
c. Hand-washing facilities by the toilets and by any food areas; and
d. Refuse receptacles.
3. Water Source. The host agency shall provide an adequate water source to the homeless encampment as approved by the city.
4. Sensitive Areas. No homeless encampment shall be located within a sensitive or critical area or its buffer as defined under LMC Title 14.
5. Permanent Structures. No new permanent structures shall be constructed for the homeless encampment.
6. Limitation on Residents. No more than forty residents shall be allowed. The city may further limit the number of residents as site conditions dictate.
7. Parking. Adequate on-site parking shall be provided for the homeless encampment. No off-site parking will be allowed. Parking space for the number of vehicles used by homeless encampment residents and staff shall be provided. If the homeless encampment is located on a site with another use, it shall be shown that the homeless encampment will not create an undue shortage of on-site parking for the other use(s) on the property.
8. Public Transportation. Whenever possible, the homeless encampment should be located within one-quarter mile of a bus stop with service seven days per week. If not located within one-quarter mile of a bus stop, the host agency must demonstrate the ability for residents to obtain access to the nearest public transportation stop (such as carpools or shuttle buses).
9. Screening. The homeless encampment shall be adequately buffered and screened to be sight-obscuring from adjacent right-of-way and residential properties. Screening shall be a minimum height of six feet and may include, but is not limited to, a combination of fencing, landscaping, or the placement of the homeless encampment behind buildings. The type of screening shall be approved by the city.
10. Privacy for Sanitary Facilities. All sanitary portable toilets shall be screened from adjacent properties and rights-of-way. The type of screening shall be approved by the city and may include, but is not limited to, a combination of fencing and/or landscaping.
11. Distance Requirements to Sensitive Land Uses. Because a homeless encampment is a nontraditional living arrangement and therefore provides less privacy and more complex living arrangements than traditional homes, a distance requirement that provides visual separation and buffering from other sensitive land use activities is considered appropriate. To satisfy this concern, no shelter shall be permitted within three hundred feet of a licensed child daycare facility or any public or private pre-school or elementary, middle, or high school. However, in the event that a daycare or school is located within the property of a potential host agency, this requirement may be waived by the director if the owner of the daycare or school principal agrees to the waiving of the distance requirement.
B. Security.
1. Operations and Security Plan. An operations and security plan for the homeless encampment shall be submitted to the city at the time of application.
2. Code of Conduct. The host agency shall ensure that the homeless encampment has an enforceable code of conduct which, at a minimum, prohibits alcohol, nonprescribed drugs, weapons, violence, and open fires. The code of conduct should also address any other issues related to camp and neighborhood safety. A copy of the code of conduct shall be submitted to the city at the time of application.
3. In addition to the above standards, the host agency may adopt and enforce additional code of conduct conditions not otherwise inconsistent with this section.
C. Accommodating the Homeless Encampment Residents Indoors. In cases where the host agency and the camp residents determine it is practical or necessary to accommodate the camp inside existing church structures, the church shall have the option of making such a request to the city. Upon receiving a request to host the camp inside of existing buildings, the community and economic development director or designee may issue a temporary and revocable permit for an indoor encampment subject to the following criteria and requirements:
1. Compliance with Building Codes. An indoor encampment shall comply with the requirements of the city’s building codes. However, pursuant to RCW 19.27.042, the building official shall have the authority to exempt code deficiencies so long as such deficiencies pose no threat to human life, health, or safety.
2. Building Criteria. The buildings proposed for use shall be of sufficient size to accommodate the residents and must have necessary on-site facilities including but not limited to the following:
a. Adequate water supply;
b. Sanitary toilets in the number required to meet capacity guidelines;
c. Hand-washing facilities by the toilets and food areas;
d. Refuse receptacles; and
e. Kitchen facilities for food preparation;
f. All applicable health standards for providing and using such facilities shall be satisfied as required by the health department. (Ord. 1539 §107, 2019; Ord. 1410 §§1, 3 (part), 2013; Ord. 1346 §1, 2010; Ord. 1327 §1, 2009; Ord. 1326 §7, 2009; Ord. 1307 §5, 2008).
16.64.040 Community and economic development director’s decision.
The community and economic development director shall review the proposal for compliance with the provisions of this chapter and all other applicable law. Said review shall ensure that the health, safety and welfare of the citizens of the city are preserved, and shall provide an expedient and reasonable land use review process for decisions and interpretations of this chapter. The director may modify the submittal requirement as deemed appropriate. The director shall notify the host agency of his or her decision to approve, modify, or deny the application within a timely manner, but not prior to fourteen days after the public meeting. (Ord. 1539 §108, 2019; Ord. 1410 §1 (part), 2013; Ord. 1307 §5, 2008).
16.64.050 Requirements upon approval.
A. Sign Agreement. All homeless encampment residents must sign an agreement to abide by the code of conduct. Failure to do so shall result in the noncompliant resident’s immediate and permanent expulsion from the property.
B. Log. The host agency shall keep a log of all people who stay overnight in the encampment. The log shall include names, birth dates, and dates of stay. Logs shall be kept a minimum of six months.
C. Identification. The host agency shall require verifiable photo ID of prospective and current encampment residents. Acceptable forms of ID include a driver’s license, government issued identification card, military identification, or passport. Replacement of lost ID can be facilitated through an appropriate advocacy center. Photo ID is necessary to verify one’s identity and to apply for services, housing, and employment. If verifiable photo ID cannot be obtained, the individual must agree to be fingerprinted or will not be admitted to the camp.
D. Warrant and Sex Offender Status Check. The host agency shall engage the Lacey police department to use the photo identification to check for outstanding in-state and out-of-state warrants and registered sex offender status. When necessary, the Lacey police department will provide fingerprinting services. The Lacey police department shall provide background checks and fingerprinting services at no charge to the host agency.
1. Outstanding Warrants. If said warrant check reveals an existing or outstanding warrant from any jurisdiction in the United States, the host agency will immediately report the finding to the Lacey police department for apprehension of the subject individual.
2. Sex Offender Status. If the check reveals the applicant to be a registered sex offender, the individual shall not be admitted to the camp.
E. Security. The host agency shall ensure the encampment is secure and managed to strictly prohibit alcohol, drugs, weapons, fighting, abuse of any kind, littering, or disturbing the neighbors while located on the property. As necessary, the Lacey police department will be available to enforce state and local laws.
F. Entrance/Host Tent. The host agency shall ensure there is an entrance/host tent that is manned twenty-four hours a day seven days a week. The entrance may be staffed by a volunteer, encampment resident, host agency committee member, or other responsible person.
G. On-Call Committee Member. The host agency will appoint an executive committee member to serve on call and be available for the entrance person at all times. The on-call committee member shall be available to provide help and assistance to the person manning the entrance as may be necessary to ensure the encampment functions properly.
H. Enforcement. The on-duty responsible person staffing the entrance shall notify the on-call committee member as necessary in the enforcement of encampment rules and expectations, and/or the Lacey police department as necessary to enforce local and state laws. Said responsible person shall also serve as a point of contact for the Lacey police department, and will orient the department on how the entrance operates. The names of the on-duty responsible person(s) will be posted daily at the entrance. The city shall provide contact numbers of nonemergency personnel which shall be posted at the entrance.
I. Visitors. Visitors to the encampment must meet the following procedures and requirements:
1. Visitors to the encampment must be invited by a resident and must be able to show picture ID.
2. Visitors must be accompanied by the resident that invited the visitor while at the encampment.
3. Visitors may be at the encampment only between the hours of 9:00 a.m. and 10:00 p.m.
4. Visitors may not stay overnight unless they get permission from the host and complete the same background check requirements as required for residents.
J. Age Restrictions. Residents of the encampment must be at least eighteen years of age. No minors are permitted entrance to the encampment unless they are related to a camp resident. Minors related to a camp resident may visit the encampment during the day. (Ord. 1410 §1 (part), 2013; Ord. 1346 §1, 2010; Ord. 1326 §8, 2009).
16.64.060 Fire, safety, and health.
Tent encampments shall meet the following fire, safety, and health requirements:
A. Fire Safety. The homeless encampment shall conform to the following requirements:
1. Open Fires. Within individual tents there shall be no open fires for cooking or heating;
2. Heating Appliances. No heating appliances within the individual tents are allowed.
3. Cooking. A common tent may provide community cooking facilities and services for the camp, but only if approved by the host agency and the health department. No cooking appliances are allowed within individual tents of residents;
4. Fire Extinguishers. An adequate number and appropriate rating of fire extinguishers shall be provided as approved by the fire department;
5. Emergency Access. Adequate access for the fire and emergency medical apparatus shall be provided. This shall be determined by the fire marshal;
6. Separation. Adequate separation between tents and other structures shall be maintained as determined by the fire marshal; and
7. Electrical Service. Electrical service shall be in accordance with recognized and accepted practice. Electrical cords are not to be strung together and any cords used must be approved for exterior use.
B. Health. All necessary sanitary facilities including temporary outhouses/port-a-potties and facilities for hand washing shall be provided. All applicable health standards for providing and using such facilities shall be satisfied as required by the health department.
C. Access for Inspections. The host agency shall permit inspections by city staff and the Thurston County health department to ensure compliance with the conditions of this permit. Inspections shall occur at reasonable times, and may occur without prior notice. (Ord. 1410 §1 (part), 2013; Ord. 1346 §1, 2010; Ord. 1326 §9, 2009; Ord. 1307 §5, 2008).
16.64.070 Limitations.
A. Duration. Duration of the homeless encampment shall not exceed one hundred eighty days.
B. Parcel Limitation. No host agency shall host a homeless encampment more than one time in any twelve-month period, beginning on the date the homeless encampment locates on a parcel of property.
C. Number Limitation. No more than one homeless encampment may be located in the city at any time. (Ord. 1410 §§1, 4 (part), 2013; Ord. 1346 §1, 2010; Ord. 1326 §10, 2009; Ord. 1307 §5, 2008).
16.64.080 Revocation.
Upon determination that there has been a violation of any approval criteria or condition of application or that the host agency has failed to take action against a resident who violates the terms and conditions of the permit or has committed violence, the director of community and economic development may give written notice to the permit holder describing the alleged violation. Within fourteen days of the mailing of notice of violation, the permit holder shall show cause why the permit shall not be revoked. At the end of the fourteen-day period, the director shall sustain or revoke the permit. When a temporary homeless encampment permit is revoked, the director shall notify the permit holder by certified mail of the revocation and the findings upon which the revocation is based. Appeals of decisions to revoke a temporary homeless encampment permit shall be to Thurston County Superior Court. (Ord. 1539 §108, 2019; Ord. 1410 §1 (part), 2013; Ord. 1346 §1, 2010; Ord. 1326 §11, 2009; Ord. 1307 §5, 2008).
16.64.090 Proof of insurance.
The host agency shall show proof of general liability insurance with minimum limits of one million dollars per occurrence. (Ord. 1410 §1 (part), 2013; Ord. 1307 §5, 2008).
16.64.100 Emergency shelters.
The provisions of this chapter shall not apply to emergency or cold weather shelters where the screening of individuals to be temporarily housed in such shelters is conducted by the Emergency Shelter Network or a religious organization providing the emergency shelter. (Ord. 1410 §1 (part), 2013; Ord. 1346 §1, 2010; Ord. 1326 §12, 2009; Ord. 1307 §5, 2008).
16.64.110 Severability.
If any section, subsection, sentence, clause, phrase, or other portion of this chapter, or its application to any person, is for any reason declared invalid in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof. (Ord. 1410 §5, 2013).