21.74.030 Requirements.
A. Temporary Outdoor Encampments. The following requirements shall apply to all temporary outdoor encampments approved under this chapter, unless modified by the director through approval of a temporary use permit:
1. Outdoor encampments may be permitted on the grounds of any religious institution and shall be located a minimum of 20 feet from the property line of abutting properties containing commercial, industrial, professional office, and multifamily residential uses. The encampment shall be located a minimum of 40 feet from the property line of abutting properties containing single-family residential or public recreational uses, unless the director finds that a reduced buffer width will provide adequate separation between the encampment and adjoining uses, due to changes in elevation, landscaping, intervening buildings or other physical characteristics of the site of the encampment.
2. No outdoor encampment shall be located within a critical area or its buffer as defined by Chapter 17.10 LMC.
3. Outdoor encampments shall be subject to the following:
a. The outdoor encampment shall be provided with six-foot-tall sight-obscuring fencing that is lockable for security, unless the director determines that there is sufficient vegetation, topographic variation, or other site condition such that fencing would not be needed. The fencing shall not create a sight obstruction at the street, street intersections or curbs as determined by the city engineer.
b. The outdoor encampment shall have a minimum separation of six feet between structures including tents.
c. The outdoor encampment shall be provided with a serviced portable toilet unless provisions to use facilities in adjacent buildings are arranged.
d. The outdoor encampment shall be provided with a portable shower or bathing facility unless other arrangements acceptable to the city are provided.
e. Common cooking facilities shall be provided unless other arrangements acceptable to the city are provided.
f. Permanent power supply to the encampment is required although properly permitted and installed construction site type electrical boxes may be acceptable, as determined by the director.
g. If a structure is used instead of a tent, the structure shall have a door, at least one egress window, and a smoke detector.
h. Only wired electrical heating is allowed in housing units.
i. Exterior lighting must be directed downward and glare contained within the temporary outdoor encampment.
j. Tents over 300 square feet in size and canopies in excess of 400 square feet shall utilize flame retardant materials.
B. Extreme Weather Shelters. Extreme weather shelters may be permitted in nonresidential zoning districts and in religious institutions in residential zoning districts. Shelters may be placed within existing buildings meeting current state and local life/safety codes for the extreme weather shelter. Shelters in buildings unable to meet current codes shall be permitted in accordance with the following standards:
1. The extreme weather shelter facility shall provide bathroom facilities sized for the demand.
2. Smoke and carbon monoxide alarms shall be provided in each room used for sleeping accommodations. At a minimum, battery powered units are acceptable, as determined by the director.
3. Sleeping areas must have at least two means of egress.
4. The sponsor shall insure that a “fire watch” of awake and capable adults is provided and trained in how to call in emergency services.
5. The sponsor or managing agency shall provide the city with information on what conditions will cause the shelter to open (i.e., weather extremes).
C. Requirements Applicable to Both Temporary Outdoor Encampments and Extreme Weather Shelters.
1. The maximum number of residents at a temporary outdoor encampment or at an extreme weather shelter shall be determined by the director taking into consideration site conditions, but in no instance shall the number be greater than 100 people.
2. On-site parking of the sponsor shall not be displaced unless sufficient required off-street parking remains available to compensate for the loss of on-site parking or unless a shared parking agreement is executed with adjacent properties.
3. A transportation plan that addresses how people arrive and depart from the facility shall be provided.
4. No children under 18 are allowed to stay overnight in temporary outdoor encampments or extreme weather shelters, unless accompanied by a parent or guardian. If a child under the age of 18 without a parent or guardian present attempts to stay at the temporary outdoor encampment or extreme weather shelter, the sponsor and the managing agency shall immediately contact Child Protective Services and shall actively endeavor to find alternative shelter for the child.
5. The sponsor or managing agency shall provide and enforce a written code of conduct, which not only provides for the health, safety and welfare of the temporary outdoor encampment or extreme weather shelter resident, but also mitigates impacts to neighbors and the community. A copy of the code of conduct shall be submitted to the city at the time of application for the temporary use permit. Said code shall be incorporated into the conditions of approval.
6. The sponsor and the managing agency shall ensure compliance with Washington State laws and regulations, the Lynnwood Municipal Code, and Snohomish health district concerning, but not limited to, drinking water connections, solid waste disposal, human waste and electrical systems. The sponsor and the managing agency shall permit inspections by state and/or local agencies and/or departments to ensure such compliance and shall implement all directives resulting therefrom within the specified time period.
7. Public health guidelines on food donations and food handling and storage, including proper temperature control, shall be followed and residents involved in food donations and storages shall be made aware of these guidelines consistent with the Snohomish health district requirements.
8. The sponsor and/or the managing agency shall designate points of contact for the Lynnwood police department. At least one designated point of contact shall be accessible at all times. The names of the on-duty points of contact shall be posted on-site daily and their contact information shall be provided to the Lynnwood police department.
9. Facilities for proper trash disposal shall be provided on site throughout the encampment or outside an emergency weather shelter. A regular trash patrol in the immediate vicinity of the encampment or shelter site shall be provided.
10. The sponsor and/or the managing agency shall take all reasonable and legal steps to obtain verifiable identification from prospective residents. The managing agency of a temporary outdoor encampment shall use the identification to obtain sex offender and warrant checks from appropriate agencies. It is recognized that it is not possible to undertake background checks at extreme weather shelters that typically provide housing on a night by night basis only so long as the extreme weather persists.
11. The sponsor and/or the managing agency shall immediately contact the Lynnwood police department if someone is rejected or ejected from the temporary outdoor encampment or extreme weather shelter when the reason for rejection or ejection is an active warrant or a match on a sex offender check, or if, in the opinion of the on-duty point of contact or on-duty security staff, the rejected/ejected person could be a potential threat to the community.
12. The sponsor, the managing agency and temporary outdoor encampment residents shall cooperate with other providers of shelters and services for homeless persons within the city and shall make inquiry with these providers regarding the availability of existing resources.
13. The sponsor and/or managing agency shall provide before-encampment photos of the host site with the application. Upon vacation of the temporary outdoor encampment, all temporary structures and debris shall be removed from the host site within one calendar week.
14. Duration. A temporary outdoor encampment or extreme weather shelter is subject to a time limit of six months. However, the use may be granted automatic consecutive permits so long as it is maintained in a manner consistent with the requirements of this chapter. (Ord. 3415 § 61, 2022; Ord. 3309 § 2 (Exh. A), 2018; Ord. 2731 § 1, 2008)