HomeMy WebLinkAboutCOW 2023-12-11 Item 4C - Ordinance - Temporary Homeless EncampmentsCOUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
12/11/23
AY
ITEM INFORMATION
ITEM NO.
4.C. &
Spec 3
STAFF SPONSOR: NORA GIERLOFF
ORIGINAL AGENDA DATE: 12/11/23
AGENDA ITEM TITLE Temporary Encampment Ordinance
CATEGORY ® Discussion
Mtg Date 12/11/23
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
® Ordinance
Mtg Date 12/11/23
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ® DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
SPONSOR'S
SUMMARY
Draft ordinance creating a process and procedures for the use of temporary encampments.
Council is being asked to provide policy direction.
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC
DATE:
❑ Arts Comm.
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
AMOUNT BUDGETED
APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
12/11/23
MTG. DATE
ATTACHMENTS
12/11/23
Informational Memorandum
Draft Ordinance
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City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: City Council
FROM: David Cline, City Administrator
BY: Nora Gierloff, Community Development Director
Kari Sand, City Attorney
CC: Mayor Ekberg
DATE: December 6, 2023
SUBJECT: Temporary Encampment Ordinance
ISSUE
Should the City regulate temporary encampments for homeless individuals through adoption of
an ordinance creating a process and procedures for this use?
BACKGROUND
SHELTERS AND TRANSITIONAL HOUSING
RCW 35A.21.430 (approved as HB 1220) required cities to permit indoor emergency
shelters and indoor emergency housing in any zones where hotels are allowed. Additionally, it
required permanent supportive housing and transitional housing to be permitted in all zones that
allow residences or hotels. To align with these requirements, Tukwila adopted definitions,
zoning use categories, and procedural requirements for these uses. Tukwila's code is written
with the expectation that these shelter and housing uses would occur within buildings.
At the time these regulations were implemented, there was no guidance from the State about
how many shelter beds/housing units Tukwila would be required to accommodate.
Subsequently, the Affordable Housing Committee of the Growth Management Planning Council
provided a 20-year target of 1,200 emergency beds in Tukwila. This is ambitious and will be
difficult to meet under the current size limitations and spacing requirements in our zoning code,
so we may need to revise these regulations at some point.
TENT ENCAMPMENTS
Tukwila has a decades long history of allowing Tent Cities to locate at sites within the City for up
to 3 months at a time without permitting, as we have considered hosting of these within the
mission of religious institutions. RCW 35A.21.360 was updated in 2020 to give religious
institutions expansive rights to host various types of accommodation for homeless populations
including encampments, indoor shelters, tiny house villages, and safe parking lots.
While cities may require permits and impose some conditions, there are limitations. Any local
regulations:
• Are limited to protecting public health and safety
• Cannot substantially burden the proposed use
• May not require that the religious organization obtain insurance pertaining to the
liability of a municipality with respect to homeless persons housed on property
owned by a religious organization or otherwise require the religious organization to
indemnify the city against liability
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INFORMATIONAL MEMO
Page 2
• Must allow encampments for 4 consecutive months or up to 6 months during a
calendar year (code cities may require a separation of up to three months between
encampments at a particular site)
• May require a 1,000-foot separation between encampments
• Prior to the opening of an outdoor encampment, the organization must host a
neighborhood meeting for which the city provides public notice.
DISCUSSION
Many cities in the Puget Sound region, such as Issaquah, Kirkland, Normandy Park, Edmonds,
Olympia, Seattle, Bainbridge Island, Des Moines, Redmond, Renton, Sammamish, and SeaTac,
have adopted ordinances regulating tent encampments. These ordinances generally follow the
requirements outlined in RCW 35A.21.360 and summarized above. Staff has developed a
similar ordinance for Tukwila, see Attachment A.
This draft ordinance requires a permit application and fee, appropriately sized sanitation
facilities, a screening fence, limitation of 100 residents, a code of conduct, a transportation plan,
sex offender and warrant checks, fire safety, and a requirement to follow all applicable state and
agency regulations. It also requires that encampments follow the Tent City model and rotate to
different sites every four months. It is unclear whether Riverton Park United Methodist Church
will honor these requirements, as the current encampment vastly exceeds 100 residents and
includes children.
In regards to timing, an ordinance usually takes effect five days after the date of its publication.
This proposed encampment regulation ordinance may be effective immediately on an
emergency basis if the Council finds an immediate effective date to be in the best interest of the
City and to protect the public health, safety and welfare of its citizens. If the Council desires an
immediate effective date, then five affirmative yes votes (a majority plus one of the whole
membership of the council) are required by RCW 35A.12.130.
Significant violations of the code requirements may result in suspension or revocation of the
permit at the City's discretion.
Policy Questions
1. Cities are not required to allow tent encampments on sites not owned by religious
institutions. Should the City allow encampments operated by non-profit organizations or
other jurisdictions such as King County?
2. Prior encampments in Tukwila organized by groups such as Tent City and
SHARE/WHEEL have been limited to only adults. Other cities' ordinances prohibit
children from staying in tent camps. Should Tukwila's ordinance bar children from
encampments?
FINANCIAL IMPACT
There will be no direct financial impacts due to adoption of the ordinance. The City already has
incurred costs related to the current encampment at Riverton Park United Methodist Church.
RECOMMENDATION
The Council is being asked to answer the policy questions and decide whether to adopt the
ordinance tonight at the Special Meeting.
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https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Attorney/Encampment Ord Info Memo.docx
INFORMATIONAL MEMO
Page 3
ATTACHMENTS
A. Draft Tent Encampment Ordinance
B. Text of RCW 35A.21.360
https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Attorney/Encampment Ord Info Memo.docx
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING NEW INTERIM ZONING
REGULATIONS REGARDING TEMPORARY ENCAMPMENTS
PURSUANT TO RCW 35A.21.360; ESTABLISHING TUKWILA
MUNICIPAL CODE (TMC) CHAPTER 18.48, "TEMPORARY
HOMELESS ENCAMPMENTS"; AMENDING VARIOUS
ORDINANCES AS CODIFIED AT TMC SECTION 18.104.010,
"CLASSIFICATION OF PROJECT PERMIT APPLICATIONS";
AMENDING ORDINANCE NO. 2718 §7 AS CODIFIED AT TABLE
18-6, "LAND USES ALLOWED BY DISTRICT"; ADOPTING
PRELIMINARY SUPPORTIVE FINDINGS; PROVIDING FOR
SEVERABILITY; SCHEDULING A POST -ADOPTION PUBLIC
HEARING; DECLARING A PUBLIC EMERGENCY AND
ESTABLISHING AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, a regional housing shortage and unaffordable housing costs have led
to an increase in the unhoused population in our region; and
WHEREAS, some religious institutions find it within their mission to offer support and
shelter to unhoused persons; and
WHEREAS, the City Council desires to develop reasonable occupancy, spacing,
and intensity of use requirements for encampments to protect public health and safety so
long as the conditions do not preclude the siting of encampments by religious institutions
per RCW 35A.21.360; and
WHEREAS, on October 6, 2023, a state of emergency was proclaimed regarding the
asylee encampment at Riverton Park United Methodist Church; and
WHEREAS, an emergency exists necessitating immediate adoption of interim
encampment regulations and processing requirements to preserve and protect public
health and safety and prevent danger to public or private property; and
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WHEREAS, interim zoning controls enacted under RCW 36.70A.390 and/or RCW
35.63.200 are methods by which local governments may preserve the status quo so that
new plans and regulations will not be rendered moot by intervening development; and
WHEREAS, RCW 36.70A.390 and RCW 35.63.200 both authorize the enactment of
an interim zoning map, interim zoning ordinance, or interim official control without holding
a public hearing, provided the public hearing is held within at least sixty days of its
enactment;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoption of Findings of Fact. The City Council finds as follows:
A. The above recitals, set forth as "WHEREAS" clauses, are hereby adopted as
Findings of Fact in support of the adoption of this ordinance on an emergency
basis, effective immediately.
B. The amendments that are established below comply with the requirements of
the Washington State Growth Management Act and the Tukwila Municipal
Code.
Section 2. TMC Chapter 18.48 Established. Tukwila Municipal Code (TMC)
Chapter 18.48 is hereby established to read as follows:
CHAPTER 18.48
TEMPORARY HOMELESS ENCAMPMENTS
Sections:
18.48.010 Purpose
18.48.020 Application for temporary homeless encampment permit
18.48.030 Requirements for approval and operation
18.48.040 Revocation of permit
Section 3. Regulations Established. TMC Section 18.48.010 is hereby established
to read as follows:
18.48.010 Purpose
The purpose of this chapter is to regulate temporary homeless encampments within
the city of Tukwila in compliance with the requirements and definitions of RCW 35A.21.360.
The standards and requirements in this chapter 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.
Section 4. Regulations Established. TMC Section 18.48.020 is hereby
established to read as follows:
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18.48.020 Application for temporary homeless encampment permit
A. A temporary homeless encampment is an allowed use only on property owned
or controlled by a religious organization or government agency that is acting as either the
host agency or the managing agency, or both, for the temporary homeless encampment.
B. An application for a temporary homeless encampment permit shall be
processed as a Type 1 decision. The application shall contain, at a minimum, all of the
following information:
1. The name, address, and telephone number of the host agency, and the
telephone number and e-mail address for a designated representative of the host agency;
and
2. The name, address, and telephone number of the managing agency, and
the telephone number and e-mail address for a designated representative of the
managing agency; and
3. The proposed location of the temporary homeless encampment on property
owned or controlled by the host agency; and
4. 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
5. The maximum number of residents proposed; and
6. A site plan showing the proposed location of the facilities required by TMC
Section 18.48.030; and
7. A statement demonstrating how the temporary homeless encampment will
meet the requirements of TMC Section 18.48.030.
C. 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.
D. An application for a temporary homeless encampment permit must be filed at
least 30 days before the date on which the temporary homeless encampment is proposed
to move onto the proposed location; provided, that the City may agree to a shorter period
in the case of an emergency beyond the control of the host agency and managing agency.
E. An application for a temporary homeless encampment permit shall be
processed as a Type I temporary use permit under TMC Chapter 18.104.
F. Appropriate city staff and public agencies shall review the permit, including, but
not limited to, Public Health — Seattle and King County and the Puget Sound Regional
Fire Authority. The City may issue the temporary homeless encampment permit if the
application demonstrates that:
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1. All of the requirements of TMC Section 18.48.030 are met; and
2. 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.
G. Informational Meeting and Notice Thereof. The sponsor and/or managing
agency shall participate in a community information meeting organized by the City. Notice
of the community informational meeting shall be mailed at least 10 days before the
meeting to residents and businesses within 500 feet of the boundary of the proposed
encampment. The purpose of the meeting is to provide the surrounding community with
information regarding the proposed duration and operation of the temporary homeless
encampment, conditions that will likely be placed on the operation of said encampment,
requirements of the written code of conduct, and to answer questions regarding the
temporary homeless encampment. The community informational meeting is not intended
to be part of the official record of the application.
H. A decision granting, granting with conditions, or denying a temporary homeless
encampment permit shall be subject to appeal as provided in TMC Chapter 18.116 for
Type I permit decisions.
Section 5. Regulations Established. TMC Section 18.48.030 is hereby
established to read as follows:
18.48.030 Requirements for approval and operation
A. A temporary homeless encampment must meet all of the following requirements
in addition to any other requirements imposed by this chapter:
1. 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.
2. 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:
a. 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
b. Hand washing stations by the toilets or restrooms and by food
service areas; and
c. Refuse receptacles meeting the requirements of the City's solid
waste hauler; and
d. A food service tent or other food service building or facility meeting
health department and fire safety requirements; and
e. A management tent or other management office or facility providing
administrative and security services and readily identifiable to residents and visitors.
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3. 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 20 feet from the property line.
4. A six -foot -tall sight obscuring fence shall be provided around the perimeter
of the temporary homeless encampment unless the City determines that there is sufficient
vegetation, topographic variation, or other site conditions to provide equivalent screening
of the use from adjacent properties. Entry points into the site should be limited and
monitored.
5. Exterior lighting must be directed downward and contained within the
temporary homeless encampment.
6. The maximum number of occupants within a temporary homeless
encampment shall be determined by taking into consideration the size and conditions of
the proposed site; however, it may not exceed 100 regardless of size or condition.
7. Required minimum on -site parking for the host site's permanent/other uses
shall not be either displaced by said encampment or used to meet said encampment's
parking requirements, unless a shared parking agreement is executed with adjacent
properties to compensate.
8. No children under the age of 18 shall be allowed in the temporary homeless
encampment. If a child under the age of 18 attempts to reside at the temporary homeless
encampment, the managing agency or the host agency shall immediately contact Child
Protective Services.
9. No animals shall be permitted in the temporary homeless encampment,
except for service animals.
10. The managing 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:
a. A prohibition on the possession or use of illegal drugs or alcohol.
b. A prohibition on the possession of guns, knives with blades in excess
of three inches, and weapons of all kinds.
c. A prohibition on violence.
d. A prohibition on open flames.
e. A prohibition on trespassing into private property in the surrounding
neighborhood.
f. A prohibition on loitering in the surrounding neighborhood.
g.
Hours during which quiet is to be observed.
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11. A transportation plan must be submitted by the managing 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.
12. The temporary homeless encampment must comply with all regulations of
Washington State, the City of Tukwila, and the best practices listed in the King County
Public Health Sanitation and Hygiene Guide for Homeless Service Providers. 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 Tukwila. The
managing agency and host agency shall permit inspections at all reasonable times by
appropriate public officials from the agencies enforcing these codes for code compliance.
13. The managing agency shall take all reasonable and legal steps to obtain
verifiable identification from prospective residents of the temporary homeless
encampments and use the identification to obtain sex offender and warrant checks from
the appropriate agency. If the warrant and sex offender check reveals that a prospective
resident or existing resident is a sex offender who is required to register with police or
that the prospective resident has an outstanding warrant, the managing agency shall
reject the prospective resident or evict the existing resident. The managing agency and
sponsor shall immediately contact the Tukwila Police Department if someone is rejected
or ejected from the temporary homeless encampment where the reason for rejection or
ejection is an active warrant or a match on a sex offender check, or if, in the reasonable
opinion of the on -duty member or on -duty security staff, the rejected/ejected person is a
potential threat to the community.
14. Adequate access for fire and emergency medical apparatus shall be
provided.
15. Adequate separation between tents and other structures shall be
maintained in order to limit fire exposure and provide for emergency exiting by residents.
16. The managing agency and sponsor may not allow in said encampment,
without first obtaining a building permit, any structure, other than tents, canopies or other
membrane structures, that is greater than 120 square feet or provides shelter for more
than nine persons.
17. Temporary homeless encampment permits may be approved for a time
period not to exceed four consecutive months. The encampment must vacate the site for
at least three months before another permit may be issued. No temporary homeless
encampment shall be permitted on any single property for more than 6 months in any
calendar year.
18. The managing agency and sponsor shall appoint a member to serve as a
point of contact for the Tukwila Police Department. At least one member must be on duty
at all times at said encampment. The names of the on -duty members shall be posted
daily.
Section 6. Regulations Established. TMC Section 18.48.040 is hereby
established to read as follows:
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18.48.040 Revocation of permit
The City may suspend or revoke a temporary homeless encampment permit for
serious violations of any of the requirements of this chapter. The length of suspension
shall be based on the time needed to correct the violation. A decision of the City to revoke
a temporary homeless encampment permit is a Type I decision that may be appealed to
the hearing examiner. The decision of the City 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. Decisions of the hearing
examiner on a temporary homeless encampment permit revocation may be appealed to
the King County Superior Court as provided in chapter 36.70C RCW.
Section 7. TMC Section 18.104.010 Amended. Ordinance Nos. 2119 §1, 2135
§19, 2235 §19, §2251 §75, 2368 §70, 2442 §6, 2627 §32, 2649 §11, 2678 §22, and 2718
§6 as codified at TMC Section 18.104.010, "Classification of Project Permit Applications,"
subparagraph 1, are hereby amended to read as follows:
1. TYPE 1 DECISIONS are made by City administrators who have technical
expertise, as designated by ordinance. Type 1 decisions may be appealed to the Hearing
Examiner who will hold a closed record appeal hearing based on the information
presented to the City administrator who made the decision. Public notice is not required
for Type 1 decisions or for the appeals of those decisions.
TYPE 1 DECISIONS
TYPE OF PERMIT
DECISION MAKER
Administrative Variance for Noise — 30 days or less
(TMC Section 8.22.120)
Community Development Director
Any land use permit or approval issued by the City,
unless specifically categorized as a Type 2, 3, 4, or 5
decision by this chapter
As specified by ordinance
Boundary Line Adjustment, including Lot Consolidation
(TMC Chapter 17.08)
Community Development Director
Minor Modification of a Boundary Line Adjustment or
Lot Consolidation Preliminary Approval
(TMC Section 17.08.030)
Community Development Director
Development Permit
Building Official
Minor modification to design review approval
(TMC Section 18.60.030)
Community Development Director
Minor Modification to PRD
(TMC Section 18.46.130)
Community Development Director
Temporary Homeless Encampment
Community Development Director
[TMC Chapter 18.48)
Tree Permit
(TMC Chapter 18.54)
Community Development Director
Wireless Communication Facility, Eligible Facilities
(TMC Chapter 18.58)
Community Development Director
Section 8. Table 18-6 Amended. Ordinance No. 2718 §7, as codified at Table 18-
6, "Land Uses Allowed by District," is hereby amended as set forth in the amended Table
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18-6 attached as Exhibit A, to add Temporary Homeless Encampments as an accessory
use to all zones that allow religious facilities.
Section 9. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390,
the City Clerk is hereby authorized and directed to schedule a public hearing on the
interim regulations adopted under this ordinance within 60 days.
Section 10. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to make
necessary corrections to this ordinance, including the correction of clerical errors;
references to other local, state or federal laws, codes, rules, or regulations; or ordinance
numbering and section/subsection numbering.
Section 11. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 12. Declaration of Emergency; Effective Date. This ordinance, as a public
emergency ordinance necessary for the protection of the public health, safety, and
welfare, shall take effect and be in full force immediately upon its adoption. A non -
exhaustive list of facts supporting this emergency declaration are included in the recitals
above, which are adopted by reference as findings of fact as if fully set forth herein. and
shall sunset automatically six (6) months from December 11, 2023, unless terminated
earlier or extended by subsequent Council action A summary of this ordinance may be
published in lieu of publishing the ordinance in its entirety.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Special Meeting thereof this day of , 2023.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
Attachment: Exhibit A, Table 18-6: "Land Uses Allowed by District"
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Page 8 of 8
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Contractor storage yards
Continuing care retirement facility
Convalescent & nursing homes & assisted living facility for not more
than twelve patients
Convalescent & nursing homes & assisted living facility for more than
twelve patients
Convention facilities
Correctional institutes
Daycare Centers (not home -based)
Daycare Family Home (Family Child Care Home)12
Diversion facilities and diversion interim services facilities south of
Strander Blvd
Domestic Shelter
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Dwelling — Detached single family (Includes site built, modular home or
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existing lot permitted in MUO, 0, RCC, NCC, TVS.
Dwelling- Detached Zero -Lot Line Units
Dwelling- Duplex, triplex or fourplex or townhouse up to four attached units
Dwelling- Townhouses
Dwelling —Multi-family
Dwelling — Multi -family units above office and retail uses
Dwelling — Senior citizen housing, including assisted living facility for seniors
*see purpose section of chapter, uses sections, and development
standards
Dwelling unit — Accessory 16
Electrical Substation — Distribution
Electrical Substation — Transmission/Switching
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18.66); S = Special Permission (Administrative approval by the Director)
Electric Vehicle Charging Station — Level 1 and Level 2
Electric Vehicle Charging Station — Level 3, battery exchange stations, and
rapid charging stations. (TMC 18.50.140)
Emergency Housing
Emergency Shelter
Essential public facilities, except those uses listed separately in any of the
other zones
Extended -stay hotel
Farming and farm -related activities
Fire & Police Stations
Fraternal organizations
Garage or carport (private) not exceeding 1,500 sq.ft. on same lot as
residence and is subject to the regulations affecting the main building
Greenhouses (noncommercial) and storage sheds not exceeding
1,000 sq./ft
Greenhouses or nurseries (commercial)
Hazardous waste treatment and storage facilities (off -site) subject to
compliance with state siting criteria (RCW Chapter 70.105)
(See TMC 21.08)
Heavy equipment repair and salvage
Helipads, accessory
Home Occupation (Permitted in dwellings as covered in TMC Section
18.06.430.)
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Hydroelectric and private utility power generating plants
Industries involved with etching, film processing, lithography, printing and
publishing
Internet Data/Telecommunication Centers
Landfills and excavations which the responsible official, acting pursuant
to the State Environmental Policy Act, determines are significant
environmental actions
Laundries; self -serve, dry cleaning, tailor, dyeing
Libraries, museums, or art galleries (public)
Manuf./Mobile home park 17
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Manufacturing and industrial uses that have little potential for creating
off -site noise, smoke, dust, vibration or other external environmental
impacts or pollution:
A) Manufacturing, processing and/or packaging pharmaceuticals
and related products, such as cosmetics and drugs
B) Manufacturing, processing and/or packaging previously prepared
materials including, but not limited to, bags, brooms, brushes,
canvas, clay, clothing, fur, furniture, glass, ink, paint, paper,
plastics, rubber, tile, and wood
C) Manufacturing, processing, assembling, packaging and/or
repairing electronic, mechanical or precision instruments such as
medical and dental equipment, photographic goods,
measurement and control devices, and recording equipment
D) Manufacturing, processing, packaging of foods, such as baked
goods, beverages, candy, canned or preserved foods, dairy
products and byproducts, frozen foods, instant foods, and meats
(no slaughtering)
i) Fermenting and distilling included
ii) No fermenting and distilling
Manufacturing and industrial uses that have moderate to substantial
potential for creating off -site noise, smoke, dust, vibration or other
external environmental impacts:
(A) Manufacturing, processing and/or assembling chemicals, light
metals, plastics, solvents, soaps, wood, coal, glass, enamels,
textiles, fabrics, plaster, agricultural products or animal products
(no rendering or slaughtering)
(B) Manufacturing, processing and/or assembling of previously
manufactured metals, such as iron and steel fabrication; steel
production by electric arc melting, argon oxygen refining, and
consumable electrode melting; and similar heavy industrial uses
(C) Manufacturing, processing and/or assembling of previously
prepared metals including, but not limited to, stamping, dyeing,
shearing or punching of metal, engraving, galvanizing and hand
forging
D) Manufacturing, processing, assembling and/or packaging of
electrical or mechanical equipment, vehicles and machines
including, but not limited to, heavy and light machinery, tools,
airplanes, boats or other transportation vehicles and equipment
E) Heavy metal processes such as smelting, blast furnaces,
drop forging or drop hammering
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C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC
18.66); S = Special Permission (Administrative approval by the Director)
Manufacturing that includes rock crushing, asphalt or concrete
batching or mixing, stone cutting, brick manufacture, marble works,
and the assembly of products from the above materials
Manufacturing, refining or storing highly volatile noxious or explosive
products (less than tank car lots) such as acids, petroleum products, oil or
gas, matches, fertilizer or insecticides; except for accessory storage of
such materials
Marijuana producers, processors, or retailers (with state issued license)
Mass transit facilities
Medical and dental laboratories
Minor expansion of an existing warehouse 20
Mortician and funeral homes
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Offices including: medical, dental, government (excluding fire & police
stations), professional, administrative, computer software development,
business, e.g. travel, real estate & commercial
Office or sample room for wholesale or retail sales, with less than
50% storage or warehousing
Park & ride lots
Parking areas
Parking areas, for municipal uses and police stations
Parks, trails, picnic areas and playgrounds (public), but not including
amusement parks, golf courses, or commercial recreation
Pawnbroker/Payday lender
Permanent Supportive Housing
Planned Shopping Center (mall)
Radio, television, microwave, or observation stations and towers
Railroad freight or classification yards
Railroad tracks (including lead, spur, loading or storage)
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C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC
18.66); S = Special P ission (Administrative approval by the Director
Recreation facilities (commercial — indoor) — athletic or health clubs
Recreation facilities (commercial — indoor), including bowling alleys,
skating rinks, shooting ranges
Recreation facilities (commercial — outdoor), including golf courses,
golf driving ranges, fairgrounds, animal race tracks, sports fields
Recreation facilities (public), including, but not limited to sports
fields, community centers and golf courses
Recreational area and facilities for employees
Religious facilities with an assembly area less than 750 sq.ft.
Religious facilities with an assembly area greater than 750 sq.ft. and
associated community center buildings
Removal and processing of sand, gravel, rock, peat, black soil and other
natural deposits together with associated structures
Rental of vehicles not requiring a commercial driver's license
Rental of commercial trucks and fleet rentals requiring a commercial
driver's license
Research and development facilities
Residences for security or maintenance personnel
Restaurants, drive -through permitted
Restaurants, drive -through not permitted
Retail, General
Sales and rental of heavy machinery and equipment subject to landscaping
requirements of TMC Chapter 18.52*
Salvage and wrecking operations
Salvage and wrecking operations which are entirely enclosed within a
building
Sanitariums, or similar institutes
Schools and studios for education or self-improvement
Schools, preschool, elementary, junior & senior high schools (public),
and equivalent private schools
Secure community transition facility 28
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Director)
Self -storage facilities
Sewage lift station
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Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened
pursuant to TMC Chapter 18.52
Storage (outdoor) of materials is permitted up to a height of 20 feet
with a front yard setback of 25 feet, and to a height of 50 feet with a
front yard setback of 100 feet; security required
Storm water - neighborhood detention + treatment facilities
Storm water pump station
Studios — Art, photography, music, voice and dance
Taverns, nightclubs
Telephone exchanges
Temporary Homeless Encampment
Theaters, except those theaters which constitute "adult entertainment
establishments" as defined by this Zoning Code
Tow -truck operations, subject to all additional State and local regulations
Transfer stations (refuse and garbage) when operated by a public agency
Transitional Housing 1
Truck terminals
Utilities, regional
Vehicle sales lot2
Vehicle service station
Vehicle storage (no customers onsite, does not include park -and -fly operations)
Warehouse storage and/or wholesale distribution facilities
Water pump station
Water utility reservoir and related facilities
Wireless Telecommunications Facilities (*see TMC Ch. 18.58)
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24. Offices; must be associated with another permitted use (e.g., administrative offices for a manufacturing company present within the MIC).
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26. Planned shopping center (mall) up to 500,000 square feet.
27. Schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use.
activity/facility" as defined in RCW 71.09.020 as amended, that include:
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30. No night clubs.
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34. Allow if the following are provided: a full -service restaurant and a Class A liquor license, 24-hour staffed reception, all rooms accessed off interior hallways or lobby, and a minimum 90 rooms.
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53
37. Subject to the criteria and conditions at TMC 18.50.250 and 18.50.270.
38. Subject to the criteria and conditions at TMC 18.50.260 and 18.50.270.
54
RCW 35A.21.360 Hosting the homeless by religious organizations —
When authorized —Requirements —Prohibitions on local actions. (1) A
religious organization may host 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.
(2) Except as provided in subsection (7) of this section, a code
city may not enact an ordinance or regulation or take any other action
that:
(a) Imposes conditions other than those necessary to protect
public health and safety and that do not substantially burden the
decisions or actions of a religious organization regarding the
location of housing or shelter, such as an outdoor encampment, indoor
overnight shelter, temporary small house on -site, or vehicle resident
safe parking, for homeless persons on property owned or controlled by
the religious organization;
(b) Requires a religious organization to obtain insurance
pertaining to the liability of a municipality with respect to homeless
persons housed on property owned by a religious organization or
otherwise requires the religious organization to indemnify the
municipality against such liability;
(c) Imposes permit fees in excess of the actual costs associated
with the review and approval of permit applications. A code city has
discretion to reduce or waive permit fees for a religious organization
that is hosting the homeless;
(d) Specifically limits a religious organization's availability
to host an outdoor encampment on its property or property controlled
by the religious organization to fewer than six months during any
calendar year. However, a code city may enact an ordinance or
regulation that requires a separation of time of no more than three
months between subsequent or established outdoor encampments at a
particular site;
(e) Specifically limits a religious organization's outdoor
encampment hosting term to fewer than four consecutive months;
(f) Limits the number of simultaneous religious organization
outdoor encampment hostings within the same municipality during any
given period of time. Simultaneous and adjacent hostings of outdoor
encampments by religious organizations may be limited if located
within one thousand feet of another outdoor encampment concurrently
hosted by a religious organization;
(g) Limits 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, except for limitations that are
in accord with the following criteria that would govern if enacted by
local ordinance or memorandum of understanding between the host
religious organization and the jurisdiction:
(i) No less than one space may be devoted to safe parking per ten
on -site parking spaces;
(ii) Restroom access must be provided either within the buildings
on the property or through use of portable facilities, with the
provision for proper disposal of waste if recreational vehicles are
hosted; and
(iii) Religious organizations providing spaces for safe parking
must continue to abide by any existing on -site parking minimum
requirement so that the provision of safe parking spaces does not
Certified on 9/1/2023 RCW 35A.21.360
Page 1
55
reduce the total number of available parking spaces below the minimum
number of spaces required by the code city, but a code city may enter
into a memorandum of understanding with a religious organization that
reduces the minimum number of on -site parking spaces required;
(h) Limits a religious organization's availability to host an
indoor overnight shelter in spaces with at least two accessible exits
due to lack of sprinklers or other fire -related concerns, except that:
(i) If a code city fire official finds that fire -related concerns
associated with an indoor overnight shelter pose an imminent danger to
persons within the shelter, the code city may take action to limit the
religious organization's availability to host the indoor overnight
shelter; and
(ii) A code city may require a host religious organization to
enter into a memorandum of understanding for fire safety that includes
local fire district inspections, an outline for appropriate emergency
procedures, a determination of the most viable means to evacuate
occupants from inside the host site with appropriate illuminated exit
signage, panic bar exit doors, and a completed fire watch agreement
indicating:
(A) Posted safe means of egress;
(B) Operable smoke detectors, carbon monoxide detectors as
necessary, and fire extinguishers;
(C) A plan for monitors who spend the night awake and are
familiar with emergency protocols, who have suitable communication
devices, and who know how to contact the local fire department; or
(i) Limits a religious organization's ability to host temporary
small houses on land owned or controlled by the religious
organization, except for recommendations that are in accord with the
following criteria:
(i) A renewable one-year duration agreed to by the host religious
organization and local jurisdiction via a memorandum of understanding;
(ii) Maintaining a maximum unit square footage of one hundred
twenty square feet, with units set at least six feet apart;
(iii) Electricity and heat, if provided, must be inspected by the
local jurisdiction;
(iv) Space heaters, if provided, must be approved by the local
fire authority;
(v) Doors and windows must be included and be lockable, with a
recommendation that the managing agency and host religious
organization also possess keys;
(vi) Each unit must have a fire extinguisher;
(vii) 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;
(viii) A recommendation for the host religious organization to
partner with regional homeless service providers to develop pathways
to permanent housing.
(3)(a) A code city may enact an ordinance or regulation or take
any other action that requires a host religious organization and a
distinct managing agency using the religious organization's property,
owned or controlled by the religious organization, for hostings to
include outdoor encampments, temporary small houses on -site, indoor
overnight shelters, or vehicle resident safe parking to enter into a
memorandum of understanding to protect the public health and safety of
both the residents of the particular hosting and the residents of the
code city.
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RCW 35A.21.360 Page 2
(b) At a minimum, the agreement must include information
regarding: The right of a resident in an outdoor encampment, vehicle
resident safe parking, temporary small house on -site, or indoor
overnight shelter to seek public health and safety assistance, the
resident's ability to access social services on -site, and the
resident's ability to directly interact with the host religious
organization, including the ability to express any concerns regarding
the managing agency to the religious organization; a written code of
conduct agreed to by the managing agency, if any, host religious
organization, and all volunteers working with residents of the outdoor
encampment, temporary small house on -site, indoor overnight shelter,
or vehicle resident safe parking; and when a publicly funded managing
agency exists, the ability for the host religious organization to
interact with residents of the outdoor encampment, indoor overnight
shelter, temporary small house on -site, or vehicle resident safe
parking using a release of information.
(4) If required to do so by a code city, any host religious
organization performing any hosting of an outdoor encampment, vehicle
resident safe parking, or indoor overnight shelter, or the host
religious organization's managing agency, must ensure that the code
city or local law enforcement agency has completed sex offender checks
of all adult residents and guests. The host religious organization
retains the authority to allow such offenders to remain on the
property. A host religious organization or host religious
organization's managing agency performing any hosting of vehicle
resident safe parking 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 area standards.
(5) Any host religious organization performing any hosting of an
outdoor encampment, vehicle resident safe parking, temporary small
house on -site, or indoor overnight shelter, with a publicly funded
managing agency, must work with the code city to utilize Washington's
homeless client management information system, as provided for in RCW
43.185C.180. When the religious organization does not partner with a
managing agency, the religious organization is encouraged to partner
with a local homeless services provider using the Washington homeless
client managing information system. Any managing agency receiving any
funding from local continuum of care programs must utilize the
homeless client management information system. Temporary, overnight,
extreme weather shelter provided in religious organization buildings
does not need to meet this requirement.
(6) For the purposes of this section:
(a) "Managing agency" means an organization such as a religious
organization or other organized entity that has the capacity to
organize and manage a homeless outdoor encampment, temporary small
houses on -site, indoor overnight shelter, and a vehicle resident safe
parking program.
(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 real property.
(d) "Temporary" means not affixed to land permanently and not
using underground utilities.
(7)(a) Subsection (2) of this section does not affect a code city
policy, ordinance, memorandum of understanding, or applicable consent
decree that regulates religious organizations' hosting of the homeless
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if such policies, ordinances, memoranda of understanding, or consent
decrees:
(i) Exist prior to June 11, 2020;
(ii) Do not categorically prohibit the hosting of the homeless by
religious organizations; and
(iii) Have not been previously ruled by a court to violate the
religious land use and institutionalized persons act, 42 U.S.C. Sec.
2000cc.
(b) If such policies, ordinances, memoranda of understanding, and
consent decrees are amended after June 11, 2020, those amendments are
not affected by subsection (2) of this section if those amendments
satisfy (a)(ii) and (iii) of this subsection.
(8) An appointed or elected public official, public employee, or
public agency as defined in RCW 4.24.470 is immune from civil
liability for (a) damages arising from the permitting decisions for a
temporary encampment for the homeless as provided in this section and
(b) any conduct or unlawful activity that may occur as a result of the
temporary encampment for the homeless as provided in this section.
(9) A religious organization hosting outdoor encampments, vehicle
resident safe parking, or indoor overnight shelters for the homeless
that receives funds from any government agency may not refuse to host
any resident or prospective resident because of age, sex, marital
status, sexual orientation, race, creed, color, national origin,
honorably discharged veteran or military status, or the presence of
any sensory, mental, or physical disability or the use of a trained
dog guide or service animal by a person with a disability, as these
terms are defined in RCW 49.60.040.
(10)(a) Prior to the opening of an outdoor encampment, indoor
overnight shelter, temporary small house on -site, or vehicle resident
safe parking, a religious organization hosting the homeless on
property owned or controlled by the religious organization must host a
meeting open to the public for the purpose of providing a forum for
discussion of related neighborhood concerns, unless the use is in
response to a declared emergency. The religious organization must
provide written notice of the meeting to the code city legislative
authority at least one week if possible but no later than ninety-six
hours prior to the meeting. The notice must specify the time, place,
and purpose of the meeting.
(b) A code city must provide community notice of the meeting
described in (a) of this subsection by taking at least two of the
following actions at any time prior to the time of the meeting:
(i) Delivering to each local newspaper of general circulation and
local radio or television station that has on file with the governing
body a written request to be notified of special meetings;
(ii) Posting on the code city's website. A code city is not
required to post a special meeting notice on its website if it: (A)
Does not have a website; (B) employs fewer than ten full-time
equivalent employees; or (C) does not employ personnel whose duty, as
defined by a job description or existing contract, is to maintain or
update the website;
(iii) Prominently displaying, on signage at least two feet in
height and two feet in width, one or more meeting notices that can be
placed on or adjacent to the main arterials in proximity to the
location of the meeting; or
(iv) Prominently displaying the notice at the meeting site.
[2020 c 223 § 4; 2010 c 175 § 4.]
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RCW 35A.21.360 Page 4
Findings—Intent-2020 c 223: See note following RCW 36.01.290.
Findings —Intent —Construction —Prior consent decrees and
negotiated settlements for temporary encampments for the homeless not
superseded-2010 c 175: See notes following RCW 36.01.290.
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