Chapter 17.105
EMERGENCY TEMPORARY INDOOR SHELTER

Sections:

17.105.000    Intent.

17.105.010    Definitions.

17.105.020    Temporary change in use.

17.105.030    Zoning districts where permitted.

17.105.000 Intent.

The city is committed to support public and nonprofit agencies to safely provide needed emergency temporary indoor shelters to indigent persons and to allow for a compliance permitting process for exemptions to State Building Code as set forth in RCW 19.27.042, WAC 51-16-030 and ECDC 19.00.040. No provision in any ordinance adopted by the city shall be applied or interpreted to prohibit an emergency temporary homeless shelter when the same or equivalent is specifically allowed under state or federal law, rule or regulation under similar circumstances, or to impose any condition to the approval thereof that is specifically prohibited under the same. [Ord. 3814 § 1, 2010].

17.105.010 Definitions.

The following definitions shall apply to this chapter:

A. “Emergency temporary homeless shelter” shall be defined as short-term residence for a group of people at a permanent building’s indoor facility that is organized by a sponsor with services provided by a sponsor.

B. “Short-term” shall be defined as 14 days or less during any consecutive 30-day period.

C. “Sponsor” shall be defined as a community-based organization that is a public agency or nonprofit corporation/organization, and that fulfills its mission, in part, by organizing living accommodations for the homeless. [Ord. 3814 § 1, 2010].

17.105.020 Temporary change in use.

A. Pursuant to RCW 19.27.042, WAC 51-16-030 and ECDC 19.00.040 the character of use or occupancy of an existing building located in the city of Edmonds may be temporarily changed in order to provide emergency temporary homeless shelter for indigent persons without conforming to all of the requirements of the State Building Code; provided, that the proponent of an exemption applies and is approved for a compliance permit for the proposed exemption, and complies with conditions thereto.

B. Compliance permits for exemptions shall be reviewed and approved by the city’s building official (or designee), in consultation with the city’s fire marshal (or designee), as a Type I action based on the following guidelines:

1. Any code deficiencies to be exempted pose no threat to human life, health, or safety;

2. The building is owned or administered by a public agency or nonprofit corporation; and

3. The proposed emergency temporary homeless shelter for indigent persons is less hazardous than the existing use.

C. The city’s building official and fire marshal (or designees) shall consider the requirements and exclusions for nonconforming religious buildings in ECDC 19.00.040 when reviewing and approving an application for compliance permits for exemptions.

D. A compliance permit for an exemption shall be valid for no more than 180 days, except that the city’s building official, in consultation with the fire marshal or his designee, may approve a renewal based on the same guidelines as the initial permit. As a condition of approval, a building for which a compliance permit for exemption is issued shall not be used as an emergency temporary homeless shelter for more than 14 days during any consecutive 30-day period. Failure to comply with any condition of approval shall be cause to suspend or revoke the permit. [Ord. 3814 § 1, 2010].

17.105.030 Zoning districts where permitted.

Emergency temporary homeless shelters shall be permitted as a primary or secondary use at all zoning districts where churches or any kind of local public facilities are permitted as primary uses. [Ord. 3814 § 1, 2010].