The purpose of this chapter is to:

(a)    Ensure compliance with Chapter 36.70A RCW, RCW 35A.21.314, 35A.21.360, 35A.21.430, 35.21.682, 35.21.683, 35.21.915, and 36.130.020 and other applicable laws as adopted or hereafter amended.

(b)    Support the implementation of the Othello comprehensive plan.

(c)    Encourage the development of emergency shelters, transitional housing, emergency housing, and permanent supportive housing consistent with best practices for these development types to help address local housing needs.

(d)    Direct emergency shelters, transitional housing, emergency housing, and permanent supportive housing to areas with existing amenities, such as jobs, services, and access to transportation, to ensure occupants have access to opportunities.

(e)    Protect the health, safety and welfare of the individuals served by these development types and the broader community. (Ord. 1633 § 4, 2025).

The following definitions apply to this chapter. Words in the singular number shall include the plural, and the plural shall include the singular. Any reference to state law (RCW) or the Othello Municipal Code (OMC) in this chapter incorporates the statute or code section as it exists and as it may be amended in the future.

(a)    “Affordable housing” means, unless the context clearly indicates otherwise, residential housing whose monthly costs, including utilities other than telephone, do not exceed thirty percent of the monthly income of a household whose income is:

(1)    For rental housing, sixty percent of the median household income adjusted for household size for Adams County, as reported by the U.S. Department of Housing and Urban Development; or

(2)    For owner-occupied housing, eighty percent of the median household income adjusted for household size for Adams County, as reported by the U.S. Department of Housing and Urban Development.

(b)    “Affordable housing development” means, with respect to RCW 36.130.020, a housing development in which at least twenty-five percent of the dwelling units within the development are set aside for or are occupied by low-income households at a sales price or rent amount that is considered affordable by a federal, state or local government housing program. Indoor emergency housing or transitional housing that is administered through a lease or occupancy agreement and permanent supportive housing are all determined to be affordable housing under RCW 36.130.020.

(c)    “Emergency housing” shall be as defined in Chapter 36.70A RCW.

(d)    “Emergency shelter” shall be as defined in RCW 36.70A.030.

(e)    “Permanent supportive housing” shall be as defined in RCW 36.70A.030.

(f)    “Religious organization” means the federally protected practice of a recognized religious assembly, school, or institution that owns or controls real property.

(g)    “Transitional housing” shall be as defined in RCW 84.36.043. (Ord. 1633 § 4, 2025).

(a)    As required by RCW 35.21.683 and 35A.21.430 as adopted or hereafter amended, indoor emergency shelters and indoor emergency housing are permitted in any zone in which hotels are allowed, which includes the C-2 and C-3 commercial zones in the city of Othello, as provided in Section 17.30.030.

(b)    As required by RCW 35.21.683 and 35A.21.430 as adopted or hereafter amended, permanent supportive housing and transitional housing are permitted in any zone in which residential dwelling units or hotels are allowed, which is all residential and commercial zones. In residential zones, permanent supportive housing and transitional housing must be within the type, scale, density, and intensity of residential use(s) allowed in that zone. See Sections 17.20.030 and 17.30.030. (Ord. 1633 § 4, 2025).

(a)    Indoor emergency shelters, transitional housing, indoor emergency housing, and permanent supportive housing must meet the same development and operating regulations as permitted residential dwellings, including adhering to building and fire codes (see Chapter 14.04), to ensure consistency in health and safety for all residents.

(b)    Hosting of unhoused people by religious organizations must meet the following requirements:

(1)    The requirements set forth in RCW 35A.21.360 as adopted or hereafter amended;

(2)    A memorandum of understanding (MOU) between the city and the religious organization is required to detail the working relationship between and city and the religious organization and additional requirements and expectations. The religious organization shall provide a draft of the MOU which addresses the criteria in RCW 35A.21.360, including fire safety plans and public health and safety impacts;

(3)    Fire and life safety requirements in accordance with RCW 35A.21.360 may be required by the city on a case-by-case basis;

(4)    One location may not be used more than one hundred ninety days within a calendar year;

(5)    Only parking spaces that are in excess of the minimum required by the zoning code for the religious organization use may be used for hosting unhoused people, unless using more spaces is allowed by the MOU;

(6)    The religious organization shall provide restroom access, consistent with the requirements of RCW 35A.21.360 and the Othello Municipal Code;

(7)    If recreational vehicles are hosted, the religious organization must ensure proper disposal of all waste;

(8)    If the hosting is located outside of a building, the hosting area shall be fenced and screened; and

(9)    Concurrent hosting of an outdoor encampment is not allowed within one thousand feet of another outdoor encampment hosted by a religious organization.

(c)    Permanent supportive housing and transitional housing facilities are subject to the following public health and safety conditions and requirements:

(1)    The number of units allowed on a given property shall be no more than the number of standard dwelling units that would be allowed under the zoning of the property;

(2)    Each unit of permanent supportive housing or transitional housing shall be limited to occupancy by individual occupant load per square foot regardless of occupants’ relation; and

(3)    On-site services, such as laundry, hygiene, meals, case management, and social programs are limited to the residents of the permanent supportive housing and transitional housing facilities.

(d)    Emergency housing or emergency shelters shall be regulated the same as hotels and motels, with the following additional requirements necessary for public health and safety:

(1)    The density of emergency housing or emergency shelter within a facility shall not exceed the requirements of the underlying zone. No occupied structures may exceed occupancy limits set by the currently adopted building code;

(2)    On-site services such as laundry, hygiene, meals, case management, and social programs are limited to the residents of the facility;

(3)    No emergency housing or emergency shelter may also be used as a designated supervised/safer consumption site, supervised/safer injection facility, or supervised/safer injection service;

(4)    The organization managing and operating the emergency housing or emergency shelter facility shall be responsible for the operation and maintenance of the facility itself, and the conduct of the residents of the facility, regardless of whether the organization contracts with a third party for the provision of any services related to the facility itself or its residents;

(5)    The organization managing and operating the emergency housing or emergency shelter facility shall be responsible for the safety of residents of the facility and shall establish a plan to remove individuals who present a threat to other residents, the property of other residents, or the residents or property of adjacent property;

(6)    The organization managing and operating the emergency housing or emergency shelter facilities shall provide sanitation and basic safety measures including the following:

(A)    If on-site food preparation takes place, a kitchen area separated from sleeping areas, with handwashing and dishwashing stations stocked with soap;

(B)    Two large first-aid kits that include emergency eye wash bottles and naloxone (Narcan) kits;

(C)    Cleaning supplies including gloves, trash-grabber tool, disinfectant, hand sanitizer, masks, buckets, paper towels, etc.;

(D)    Refuse receptacles and trash service; and

(E)    Storage of personal belongings; and

(7)    Prior to receiving any permits, or prior to beginning operation if no permits are required, the organization managing and operating the emergency housing or emergency shelter facilities shall provide a plan to the city that includes the following information:

(A)    Emergency contact information;

(B)    Proposed population to be served; and

(C)    Confirmation of sanitation and basic safety measures required for emergency housing and emergency shelters.

(8)    Notification.

(A)    Advance Notice Required. The organization managing and operating the emergency housing or emergency shelter facility shall notify the city of the proposed emergency housing or emergency shelter facility a minimum of thirty days in advance of the proposed date of establishment of the facility. The advance notification shall contain the following information:

(i)    The date the facility will commence;

(ii)    The length of time the facility will continue;

(iii)    The maximum number of residents proposed for the facility;

(iv)    The host location;

(v)    The names of the organization(s) managing and operating the facility; and

(vi)    The manner in which the facility will comply with the requirements of this chapter.

(B)    Informational Meeting Required. The organization managing and operating the emergency housing or emergency shelter facility shall conduct at least one informational meeting within, or as close to, the location where the proposed facility will be located, a minimum of two weeks prior to beginning operation. The time and location of the meeting shall be agreed upon between the city and the organization managing and operating the facility. All property owners within five hundred feet of the proposed facility shall be notified by mail ten days in advance of the meeting. In lieu of notice by mail, an alternative means of notice may be provided that is reasonably calculated to notify the neighboring property owners within five hundred feet of the proposed facility.

(C)    Signs Required. The applicant shall also provide notice of the facility and the meeting within the same time frame as the mailed notice by posting two signs on the site or in a location immediately adjacent to the site that provides visibility of the signs to motorists using adjacent streets. The community development director or designee shall establish standards for size, color, layout, design, and placement for installation and removal of the signs. (Ord. 1633 § 4, 2025).