A. The regulations, requirements, and standards set forth in this chapter apply to all temporary encampments within the city.

B. This chapter shall be reasonably construed and administered in a manner consistent with applicable state and federal law, including RCW 35A.21.360, and shall be construed and administered with appropriate flexibility where necessary to prevent violations of legally protected rights of religious exercise. Without limitation of the foregoing, the city may exercise any of the authority set forth in RCW 35A.21.360 in administering this chapter.

C. Except as provided in this chapter and/or by law, nothing in this chapter shall excuse any person from compliance with all applicable provisions of the Monroe Municipal Code. (Ord. 007/2021 § 2 (Exh. A))

A. “Managing agency” means an organization such as a religious organization or other organized entity that has the capacity to organize and manage a temporary encampment. A “managing agency” may be the same entity as the sponsor.

B. “Outdoor encampment” means any temporary tent or structure encampment, or both.

C. “Religious organization” means the federally protected practice of a recognized religious assembly, school, or institution that owns or controls the real property where the temporary encampment is hosted.

D. “Sponsor” means an entity that has an agreement or arrangement with the managing agency to provide basic services and support for the residents of a temporary encampment and liaison with the surrounding community. A “sponsor” may be the same entity as the managing agency.

E. “Temporary” means not affixed to land permanently and not using underground utilities.

F. “Temporary encampment” means a group of homeless persons temporarily residing out of doors or otherwise in a nonpermanent living arrangement on a site, with services provided by a sponsor and supervised by a managing agency, and specifically includes an outdoor encampment as defined in this chapter, as well as an indoor overnight shelter, temporary small house on site, or vehicle resident safe parking, as such terms are used in RCW 35A.21.360.

G. “Temporary encampment permit” means the regulatory approval issued by the zoning administrator pursuant to this chapter authorizing the installation of a temporary encampment. (Ord. 007/2021 § 2 (Exh. A))

A. A religious organization may host a temporary encampment for the homeless on property owned or controlled by the religious organization whether within buildings located on the property or elsewhere on the property outside of buildings, subject to the provisions of this chapter.

B. All temporary encampments shall comply with the applicable provisions of RCW 35A.21.360.

C. The host religious organization and/or managing agency shall provide a transportation plan for the temporary encampment, which shall include provisions for access to and from transit services.

D. The host religious organization and/or managing agency shall ensure the temporary encampment’s compliance with all applicable: (1) state laws and regulations; (2) Monroe Municipal Code provisions; (3) fire district directives; and (4) health district standards.

E. The host religious organization and/or the managing agency shall appoint an individual to serve as a permanent point of contact for the temporary encampment.

F. At least one representative of the host religious organization, the managing agency, and/or a designated occupant of the temporary encampment shall be on duty at the temporary encampment all times. Such individual(s) shall be familiar with emergency protocols, equipped with suitable communication devices, and be trained to contact local first responders when necessary. The names and contact information for such individual(s) shall be posted daily at the temporary encampment.

G. The host religious organization and/or the managing agency shall ensure the temporary encampment’s compliance with all applicable public health regulations, including but not limited to the following:

H. Temporary encampments shall not cause or permit the intrusion of noise from the temporary encampment exceeding the applicable thresholds set forth in WAC 173-60-040.

I. The host religious organization and/or the managing agency shall keep a log of the names of all overnight residents of the temporary encampment and the date(s) of their residency.

J. The host religious organization performing any hosting of an outdoor encampment, vehicle resident safe parking, or indoor overnight shelter, or the managing agency, must ensure that the Monroe police department has completed sex offender checks of all adult residents and guests. Provided, that the host religious organization shall retain the discretion to allow such offenders to remain on the property.

K. Periodic inspections of the temporary encampment by public officials from agencies with applicable regulatory jurisdiction, including without limitation the building official and fire marshal, may be conducted at reasonable times, consistent with applicable constitutional and statutory standards.

L. Any host religious organization must work with the city to utilize Washington’s homeless client management information system, as provided for in RCW 43.185C.180.

M. Unless otherwise expressly provided by this chapter, temporary encampments may be located in any zoning district. (Ord. 007/2021 § 2 (Exh. A))

A. The host religious organization and/or a managing agency shall execute a memorandum of understanding to protect the health and safety of both the residents of the temporary encampment and that of the public. Any such memorandum of understanding shall be consistent with RCW 35A.21.360 and this chapter, may include appropriate conditions, and must, at a minimum, include information regarding:

B. The memorandum of understanding shall include a promise by the host religious organization and/or a managing agency not to apply for another permit under this chapter in violation of the applicable timing and/or distance requirements hereunder.

C. The zoning administrator, in consultation with the city attorney, is authorized to negotiate and execute on behalf of the city a memorandum of understanding under this section. (Ord. 007/2021 § 2 (Exh. A))

A. The hosting term of an outdoor encampment shall not exceed six months at a particular site in a calendar year.

B. At least three months shall lapse between subsequent or established outdoor encampments at a particular site.

C. Simultaneous and adjacent hostings of outdoor encampments by religious organizations shall not be located within one thousand feet of another outdoor encampment concurrently hosted by the same or different religious organization.

D. An outdoor encampment shall be located a minimum of twenty feet from the property line of abutting properties containing residential uses.

E. Any exterior lighting must be directed downward and contained within the outdoor encampment.

F. The maximum residential density of an outdoor encampment is one occupant per four hundred square feet of parcel area; provided, that the maximum number of occupants within an outdoor encampment shall not exceed one hundred regardless of the size of the parcel.

G. An outdoor encampment shall comply with the following fire safety requirements:

H. The outdoor encampment shall ensure a minimum separation of six feet between structures, including tents.

I. The city may require a sight-obscuring fence around the perimeter of the outdoor encampment unless the city determines that there is sufficient vegetation, topographic variation, or other site conditions and/or circumstances such that fencing would not be reasonably necessary. (Ord. 007/2021 § 2 (Exh. A))

A. If the fire code official finds that fire-related concerns associated with an indoor overnight shelter pose an imminent danger to persons within the shelter, the city may take appropriate action to limit the religious organization’s availability to host the indoor overnight shelter; and

B. The city may require a host religious organization to enter into a memorandum of understanding for fire safety that includes:

A. A renewable one-year duration agreed to by the host religious organization and the city via a memorandum of understanding;

B. Maintaining a maximum unit square footage of one hundred twenty square feet, with units set at least six feet apart;

C. Electricity and heat, if provided, must be inspected by the city;

D. Space heaters, if provided, must be approved by the local fire authority;

E. Doors and windows must be included and be lockable, with a recommendation that the managing agency and host religious organization also possess keys;

F. Each unit must have a fire extinguisher;

G. Adequate restrooms must be provided, including restrooms solely for families if present, along with handwashing and potable running water to be available if not provided within the individual units, including accommodating black water;

H. A recommendation for the host religious organization to partner with regional homeless service providers to develop pathways to permanent housing. (Ord. 007/2021 § 2 (Exh. A))

A. The city shall not limit a religious organization’s availability to host safe parking efforts at its on-site parking lot, including limitations on any other congregationally sponsored uses and the parking available to support such uses during the hosting; provided, that the following criteria are met:

B. The host religious organization or the managing agency must inform vehicle residents how to comply with laws regarding the legal status of vehicles and drivers and provide a written code of conduct consistent with applicable city standards. (Ord. 007/2021 § 2 (Exh. A))

A. Application. The form of the application for a temporary encampment permit shall be provided by the zoning administrator. The completed application for a temporary encampment permit shall be signed by the host religious organization and/or managing agency, and shall be submitted to the community development department in accordance with this section. No fee shall be required for such application. The application shall contain, at a minimum, contact information for the applicant, and detailed information regarding the following:

B. Community Meeting. Unless the use is in response to a federal, state or locally declared emergency, the host religious organization or the managing agency shall hold a meeting open to the public prior to the opening of a temporary encampment for the purpose of providing a forum for discussion of related neighborhood concerns. The religious organization must provide written notice of the community meeting to the city council at least one week, if possible, but no later than ninety-six hours prior to the meeting.

C. Application Review. The zoning administrator shall issue a decision approving or denying the application for a temporary encampment permit within fourteen days of the date that the application was submitted.

D. Decision. A notice of decision for the temporary encampment, or summary thereof, shall contain the decision of the zoning administrator approving or denying the application, and the appeal procedure, and shall be distributed as required within four business days after the decision.

E. Conditions of Approval. Reasonable conditions of approval may be imposed as deemed necessary by the zoning administrator in order to protect the health, safety, and welfare of the public and the occupants of the temporary encampment, consistent with this chapter and applicable federal and state law. Such conditions of approval shall include execution of a memorandum of understanding as required by this chapter. Without limitation of the foregoing, any such conditions of approval shall comply with RCW 35A.21.360 and applicable state and federal law concerning religious exercise.

F. Appeal. The zoning administrator’s decision to approve, approve with conditions, or deny the application is appealable directly to Snohomish County Superior Court in accordance with the procedures and time frames of the Land Use Petition Act, Chapter 36.70C RCW. (Ord. 007/2021 § 2 (Exh. A))