The use of a property is defined by the activity for which the building or lot is intended, designed, arranged, occupied, or maintained. The use is considered permanently established when that use will or has been in continuous operation for a period exceeding thirty days. A use that will operate for more than twenty-four hours but less than thirty days is considered a temporary use, and subject to a temporary use permit as provided in Section 17.40.120. All applicable requirements of this code, or other applicable state or federal requirements, shall govern a use located in the city of McCleary.

(Ord. 709 § 1 (part), 2004)

A.

The land use table in this chapter determines whether a specific use is allowed in a zone district. The zone district is located on the vertical column and the specific use is located on the horizontal row of these tables.

B.

If no symbol appears in the box at the intersection of the column and the row, the use is not allowed in that district unless allowed as a temporary use in accordance with Section 17.40.120.

C.

If the letter "P" appears in the box at the intersection of the column and the row, the use is a permitted use, allowed by right in that district and subject to the general requirements of this chapter.

D.

If the letter "C" appears in the box at the intersection of the column and the row, the use is allowed subject to the conditional use permit application procedures under Section 17.40.110 and subject to the general requirements of this chapter.

E.

If a number accompanies a letter, the use is allowed in that zone subject to different development limitations or conditions. The development condition with the corresponding number immediately follows the table.

F.

All applicable requirements shall govern a use whether or not they are cross-referenced in a section.

(Ord. 709 § 1 (part), 2004)

¹  Within a manufactured home park only.

²  Above first floor of building.

³  Appurtenant or incidental to a permitted conditional use in the I district.

⁴  Allowed only as an accessory use to a permitted use.

(Ord. 737 § 5, 2006: Ord. 709 § 1 (part), 2004)

(Ord. No. 795, § III, 4-10-2013; Ord. No. 810, § II, 8-26-2015; Ord. No. 816, § III, 3-23-2016; Ord. No. 834, § I, 7-26-2017; Ord. No. 838, § I, 1-10-2018; Ord. No. 842, § V, 5-23-2018)

A.

General: No use that is illegal under local, state, or federal law shall be allowed in any zone within the city.

B.

Specific Application—Medical Marijuana Dispensaries and Collective Gardens: Until such time as this code is amended to provide specific provisions and land use controls allowing and regulating dispensaries of cannabis and/or collective gardens for the production, distribution, and dispensing of cannabis for medical uses, all as further defined and set forth in Chapter 69.51A RCW, as now existing or hereafter amended, such uses are not allowed in any zone within the city.

For purposes of this section:

1.

"Dispensary" means any person, entity, site, location, facility, business, cooperative or collective, whether for profit or not for profit, that distributes, sells, dispenses, transmits, packages, measures, labels, selects, processes, delivers, exchanges, or gives away cannabis for medicinal or other purposes.

2.

"Collective garden" means the growing, production, processing, transportation, and delivery of cannabis, by qualifying patients, for medical use, as set forth in Chapter 69.51A RCW, as now existing or hereafter amended or succeeded.

C.

Production and Processing Permitted: The production and processing of marijuana by a person or entity possessing a valid license to do so as a marijuana producer or marijuana processor which has been issued by the Washington State Liquor Control Board pursuant to its authority granted by Initiative 502 and applicable provisions of RCW 69.50 and WAC 314-55, as now existing or hereafter amended or succeeded, shall be allowed as a permitted use in the General Commercial (C-2) and Industrial (I) zones so long as such activities are in compliance with the terms and conditions under which the license was issued.

1.

In relation to the uses authorized by this section, the following specific provisions shall apply:

a.

The facility shall be equipped with such air handling and filtering equipment so as to prevent the odor associated with the growth and processing of marijuana from escaping the interior of the facility.

b.

Waste products shall be disposed of in a secure manner that will prevent exposure to or access by the public nor shall disposal or storage create a nuisance.

c.

As a condition of processing of any application for any use authorized by this section, prior to the consideration of the issuance of any permit the applicant shall provide proof satisfactory to the city of the provision of written notice to the owners of the property located within one thousand feet of the boundaries of the applicant's property and which are utilized as elementary or secondary schools, recreation centers or facilities, child care centers, churches, agencies which operate public parks, transit center, libraries, or a game arcade to which admission by anyone less than the age of twenty-one years is not restricted. The application shall not be considered complete until such proof is provided.

2.

For purposes of this section, the following definitions apply: Provided that, in the event that either RCW Chapter 69.50 or WAC Chapter 314.55, each as now existing or hereafter amended or succeeded, provide a different definition, the definition in the WAC Chapter 314.55 or RCW Chapter 69.50 shall govern.

a.

"Marijuana processor" means a person licensed by the state liquor control board to process marijuana into useable marijuana and marijuana-infused products, package and label useable marijuana and marijuana-infused products for sale in retail outlets, and sell useable marijuana and marijuana-infused products at wholesale to marijuana retailers.

b.

"Marijuana producer" means a person licensed by the state liquor control board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.

D.

Until such time that this code is amended to provide specific provisions and land use controls allowing and regulating retail sale or retail outlets for the sale of marijuana and marijuana-infused products, all as defined in Initiative Measure No. 502, as codified in the Revised Code of Washington, including RCW 69.50, and implementing regulations in Chapter 314-55 WAC, as now existing or hereafter amended, are each prohibited and not allowed in any zone within the city.

E.

Enforcement: Any violation of this ordinance is declared to be a public nuisance per se, and shall be abated by the city attorney under applicable provisions of this code or state law, including, but not limited to, the provisions of Section 17.40.140 MMC.

(Ord. No. 804, § II, 9-10-2014; Ord. No. 816, § II, 3-23-2016)

A.

Purpose. The purpose of this section is to regulate homeless encampments within the City of McCleary in compliance with the requirements of RCW 35.21.915. The standards and requirements in this section 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.

B.

Definitions. The following definitions apply in this chapter:

1.

"Host" means a property owner or local religious organization that hosts a Temporary homeless encampment on its property; has an agreement with a managing agency to provide basic services and support for the residents of a temporary homeless encampment; acts as liaison with the surrounding community; and joins with the managing agency in an application for a temporary homeless encampment permit. A host may be the same entity as the managing agency.

2.

"Managing agency" means an organization or property owner that is responsible for organizing and managing a temporary homeless encampment. A managing agency may be the same entity as the host.

3.

"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.

4.

"Sponsoring agency" means the host agency or another agency that assists the host agency and that joins in an application for a temporary homeless encampment permit and assumes responsibility for providing basic services and support to temporary homeless encampment residents, such as hot meals and coordination of other needed donations and services.

5.

The RCW 35A.21.360 definition of "religious organization" is incorporated by reference into this section.

6.

The International Fire Code definitions of "tent," "canopy," and "membrane structure" are incorporated by reference into this section.

C.

Application for Temporary Homeless Encampment Permit.

1.

No more than one temporary homeless encampment shall be permitted in the city at any one time and no more than one temporary homeless encampment shall be permitted in the city within a calendar year due to the limitations on city resources and services that are necessary to support temporary homeless encampment; the city further finds that these limitations on resources and services would cause public health, safety and welfare impacts if more than one temporary homeless encampment was authorized at a time.

2.

A temporary homeless encampment is an allowed use only on property owned or controlled by a religious organization that is acting as either the host agency or the sponsoring agency, or both, for the temporary homeless encampment.

3.

An application for a temporary homeless encampment permit shall be submitted to the public works director or his/her designee on a form approved by the public works director. The application shall contain, at a minimum, all of the following information:

a.

The name, address, and telephone number of the host agency, and the telephone number and email address for a designated representative of the host agency; and

b.

The name, address, and telephone number of the sponsoring agency, and the telephone number and email address for a designated representative of the sponsoring agency; and

c.

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 host agency; and

d.

The date on which 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

e.

The maximum number of residents proposed; and

f.

A site plan showing the proposed location of the facilities required by this chapter; and

g.

A statement demonstrating how the temporary homeless encampment will meet the requirements of this section.

4.

The application for a temporary homeless encampment permit must be accompanied by an application fee established by resolution of the city council. The application fee shall be based on actual costs associated with the review and approval of the application. The application shall not be considered complete unless and until the application fee is paid.

5.

An application for a temporary homeless encampment permit must be filed at least thirty days before the date on which the temporary homeless encampment is proposed to move onto the proposed location, provided, that the public works director may agree to a shorter period in the case of an emergency beyond the control of the host agency and sponsoring agency.

6.

An application for a temporary homeless encampment permit shall be processed as a conditional use permit under MMC 17.40.110.

7.

The public works 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, Public Health - Grays Harbor County and the McCleary Fire Department. The public works director may issue the temporary homeless encampment permit if the application demonstrates that:

a.

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.

b.

All of the requirements of this section are met.

8.

The sponsoring agency and host shall provide a written indemnification and hold harmless agreement stating that the city is not responsible for the actions, inactions, or omissions of the host, managing agency, or of any resident of the temporary homeless encampment. The managing agency and host shall indemnify, defend, and hold the city, its officials, officers, employees, agents, and volunteers, past and present, harmless from any and all claims of liability of any nature whatsoever for the injury to or death of any person or damage to any property, real or personal, including attorney's fees, arising out of or occasioned in any manner by reason of the following: (a) the actions, inactions or omissions of the managing agency, host, or any encampment resident; and (b) the city's lawful entry into the temporary homeless encampment to enforce this chapter.

9.

The sponsoring agency and/or host shall provide a certificate of liability insurance for at least one million dollars pertaining to the temporary homeless encampment and naming the city as the insured.

10.

Decisions of the public works director granting, granting with conditions, or denying a temporary homeless encampment permit shall be subject to appeal as provided in MMC 17.40.090.

D.

Requirements for Approval and Operation.

1.

A temporary homeless encampment must meet all of the following requirements in addition to any other requirements imposed by this section:

a.

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.

b.

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:

1.

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

2.

Hand washing stations by the toilets or restrooms and by food service areas; and

3.

Refuse receptacles meeting the requirements of the city's solid waste hauler; and

4.

A food service tent or other food service building or facility meeting health department requirements; and

5.

A management tent or other management office or facility providing administrative and security services and readily identifiable to residents and visitors.

c.

The temporary homeless encampment 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 twenty feet from the property line or the minimum setback provided in the MMC, whichever is greater.

d.

A six-foot tall sight obscuring fence shall be provided around the perimeter of the temporary homeless encampment unless the public works director determines that there is sufficient vegetation, topographic variation, or other site conditions to provide equivalent screening of the use from adjacent properties.

e.

Any and all exterior lighting for the temporary homeless encampment shall meet the requirements of the zoning district in which the property is located.

f.

The maximum number of residents within a temporary homeless encampment shall not exceed fifty.

g.

Parking for at least five vehicles shall be provided.

h.

No children under the age of eighteen shall be allowed in the temporary homeless encampment. If a child under the age of eighteen attempts to reside at the temporary homeless encampment, the sponsoring agency or the host agency shall immediately contact Child Protective Services.

i.

No animals shall be permitted in the temporary homeless encampment, except for documented service animals.

j.

The sponsoring agency and/or the host agency 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:

1.

A prohibition on the possession or use of illegal drugs or alcohol.

2.

A prohibition on the possession of guns, knives with blades in excess of three inches, and weapons of all kinds.

3.

A prohibition on violence.

4.

A prohibition on open flames.

5.

A prohibition on trespassing into private property in the surrounding neighborhood.

6.

A prohibition on loitering in the surrounding neighborhood.

7.

Hours during which quiet is to be observed.

k.

A transportation plan must be submitted by the sponsoring agency and/or the host agency providing for access to transit. All temporary homeless encampments must be located within one-half mile of transit service.

l.

The temporary homeless encampment must comply with all regulations of Washington State, the City of McCleary, and Public Health - Grays Harbor County. 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 McCleary. The sponsoring agency and host agency shall permit inspections at all reasonable times by appropriate public officials from the agencies enforcing these codes for code compliance.

m.

The sponsoring agency and/or host agency shall take all reasonable and legal steps to obtain verifiable identification from prospective residents of the temporary homeless encampment. A resident log of all people residing at the temporary homeless encampment shall be maintained on site. When signing the log, prospective encampment residents shall provide a State of Washington Driver's License, State of Washington Identification Card, a driver's license or identification card issued by another state, or other similar document that confirms a person's identity. The sponsoring agency and/or host agency shall be responsible for verifying that the log is being properly kept and that the required identification is being provided.

n.

The sponsoring agency and/or host agency shall use the identification to obtain sex offender and warrant checks from the appropriate agency. If the warrant and sex offender check reveal that a prospective resident or existing resident is a sex offender who is required to register with the police or that the prospective resident has an outstanding warrant, the sponsoring agency and/or host agency shall reject the prospective resident or evict the existing resident.

o.

Adequate access for fire and emergency medical apparatus shall be provided.

p.

Adequate separation between tents and other structures shall be maintained in order to limit fire exposure and provide for emergency exiting by residents.

q.

Temporary homeless encampment permits may be approved for a time period not to exceed ninety days. no temporary homeless encampment shall be permitted on any single property for more than ninety days in any calendar year.

Modification for Emergencies. The provisions herein shall not apply when for the preservation of public health and safety the situation necessitates a need for emergency management planning and the application of MMC 2.48.

E.

Revocation of Permit.

1.

The public works director may revoke a temporary homeless encampment permit for violation of any of the requirements of MMC 17.40.110. A decision of the public works director to revoke a temporary homeless encampment permit may be appealed to the hearing examiner as provided in Chapter 17.40.090 MMC. The decision of the public works 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. The decision of the land use hearing examiner shall be final unless appealed to superior court within ten days or within such other time period as may be mandated by applicable state law.

2.

Upon revocation of the temporary homeless encampment permit, all residents of the encampment must vacate the premises within forty-eight hours of revocation. The host shall be required to remove all physical evidences of the use and to restore or replant any required vegetation within one week of revocation.

3.

Nothing contained in this section is intended to, nor shall be construed to, impose upon the city any duty that can become the basis of a legal action for injury or damage.

(Ord. No. 850, §§ I—IV, 8-1-2019)