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Home My WebLink About042924 Special Session City Council Meeting PacketPORT TOWNSEND CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS, 540 WATER STREET Special Session Business Meeting 6:00 p.m. April 29, 2024 • Attend in person or virtually via computer or tablet at hllps://zoomousJ/98187633367 enter the Webinar ID 98187633367 • Phone only (muted - listen -only mode) United States: Local Dial In — 1(253)215- 8782„98187633367# • Submit public comment to be included in the meeting record to: hflps://publiccommentofallout.com/cat of tt • If you are experiencing technical difficulties, please attempt all methods listed above before reporting any issues to: vle&mtPporl.(a),cityol:pt4us I. Call to Order/Pledge of Allegiance II. Roll Call III. Public Hearing Continued A. Ordinance 3335 Amending Titles 16 (Buildings and Construction) and 17 (Zoning), and Section 20.01.040 of the Port Townsend Municipal Code, Related to Performance Standards for Emergency Housing and Shelter; Providing for Severability; and Establishing an Effective Date Action: Move to approve first reading of Ordinance 3335 Amending Titles 16 (Building and Construction) and 17 (Zoning), and Section 20.01.040 of the Port Townsend Municipal Code, Related to Performance Standards for Emergency Housing and Shelter; Providing for Severability; and Establishing an Effective Date i. Staff Presentation ii. Public Comment iii. Council Deliberation and Action IV. Adjourn city ofpor��11�;��n��n� Townsen Agenda Bill AB24-078 Meeting Date: April 29, 2024 Agenda Item: III.A ❑ Regular Business Meeting ❑ Workshop/Study Session ❑x Special Business Meeting Submitted By: Adrian Smith Date Submitted: 04/25/2024 Department: Planning & Community Development Contact Phone: (360)-379-4423 SUBJECT: Ordinance 3335 Amending Port Townsend Municipal Code Title 16 Buildings and Construction and Title 17 Zoning to Establish Performance Standards for Emergency Housing and Shelter CATEGORY: ❑ Consent El 0 0 Staff Report BUDGET IMPACT: Resolution Expenditure Amount: $ 0 Ordinance Included in Budget? Yes ❑ No ❑ Contract Approval ❑ Other: Discussion Item Public Hearing (Legislative, unless otherwise noted) 3-Year Strategic Plan: 1 - Build small town quality of life Cost Allocation Fund: 010-021 GF - Planning SUMMARY STATEMENT: On tar.iill_......._ . 4., City Council heard the first reading of proposed amendments to Port Townsend Municipal Code (PTMC) Titles 16 Building and 17 Zoning to create a permitting pathway and regulations for more types of emergency housing and shelter. The proposed amendments would apply to the following sections of PTMC: - Amend PTMC Title 16 to create a section of building standards for tiny shelters. - Amend PTMC 17.08 Definitions to include types of emergency housing and shelter facilities, and structures hosting these facilities. - Amend use tables in PTMC 17.16.020, 17.18.020, 17.20.020, 17.22.020, 17.24.020, 17.31.030, and 17.31.070 to establish which zones allow different types of emergency housing and shelters. - Create a new section in Title 17 describing the performance standards, application contents, permit review, and approval criteria for emergency housing and shelter facilities. - Amend PTMC 17.60 Temporary Uses to remove regulations related to temporary tent encampments, which are now addressed in the new section of Title 17. - Amend PTMC 20.01.040 Permit Application Framework tables to include permits and permitting processes for emergency housing and shelter facilities. Based on Council's discussion and public comments, staff have prepared three alternatives for how this amendment could proceed. A. Alternative A responds to comments on overregulation, particularly for emergency indoor day -use shelters that provide vital support during dangerous temperatures. The draft code for Alternative A is edited to create a simpler permitting pathway for emergency indoor day -use shelters. The draft amendment also states that the code of conduct for all shelter facility residents and visitors is intended to address violations per the visitor's or resident's rights and grievances procedures. Clarifying the goals of the code of conduct reduces the risk that facility residents or visitors could be denied service due to a "one strike policy." B. Alternative B uses the same modified amendment language as Alternative A, to permit religious organizations to host safe parking as required by RCW 35A.21.360. Other organizations would not be allowed to host safe parking at this time. Council could adopt this amendment and, as part of the 2025 Annual Workplan prioritzation discussion,direct staff to research tools allowing a slower rollout of safe parking for nonprofits other than religious organizations, such as a pilot program or capping the number of safe parking permits. C. Alternative C is a modified amendment that includes both the new language from Alternative A and further edits allowing nonprofits other than religious organizations to also host safe parking. ATTACHMENTS: - Ordinance Alternative A Exhibits supporting modifications allowing both day -use and overnight use emergency indoor shelters o Alternative A Exhibits A.A — A.D Code Amendments to PTMC Section 17.08.020 o Exhibit A.E Section 16.06 Tiny Shelter Building Standards o Exhibit A.F Amended Table 17.16.020 Residential Zoning Districts o Exhibit A.G Amended Table 17.18.020 Mixed Use Zoning Districts o Exhibit A.H Amended Table 17.20.020 Commercial Zoning Districts o Exhibit A.I Amended Table 17.22.020 Marine -Related and Manufacturing Districts o Exhibit A.J Amended Table 17.24.020 Public, Park and Open Space Zoning Districts o Exhibit AX Amended Table 17.31.030 Commercial Zoning District o Exhibit A.L Amended Table 17.31.070 Manufacturing District o Exhibit A.M Amended Section 17.62 o Exhibit A.N Amended Section 17.60 o Exhibit A.O Amended Section 20.02.0 0 Alternative C Exhibits supporting the expansion of safe parking o Exhibits C.A — C.D Code Amendments to PTMC Section 17.08.020 o Exhibit C.E Section 16.06 Tiny Shelter Building Standards o Exhibit C.F Amended Table 17.16.020 Residential Zoning Districts o Exhibit C.G Amended Table 17.18.020 Mixed Use Zoning Districts o Exhibit C.H Amended Table 17.20.020 Commercial Zoning Districts o Exhibit C.I Amended Table 17.22.020 Marine -Related and Manufacturing Districts o Exhibit C.J Amended Table 17.24.020 Public, Park and Open Space Zoning Districts o Exhibit CX Amended Table 17.31.030 Commercial Zoning District o Exhibit C.L Amended Table 17.31.070 Manufacturing District o Exhibit C.M Amended Section 17.62 o Exhibit C.N Amended Section 17.60 o Exhibit C.O Amended Section 20.02.0 PLANNING COMMISSION RECOMMENDATION: Motion to adopt the proposed amendments, approve findings of fact, and recommend adopting ordinance to City Council. RECOMMENDED ACTION: Move to approve second reading of Ordinance 3335 Amending Port Townsend Municipal Code Title 16 Buildings and Construction and Title 17 Zoning to Establish Performance Standards for Emergency Housing and Shelter and authorize the City staff to work with the code publisher to make scrivener's edits as appropriate. ALTERNATIVES: ❑ Take No Action ❑ Refer to Committee ❑X Refer to Staff ❑x Postpone Action ❑ Remove from Consent Agenda ❑x Waive Council Rules and approve Ordinance 3335 ❑X Other: Refer to Planning Commission ORDINANCE NO.3335 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, AMENDING TITLES 16 (BUILDINGS AND CONSTRUCTION) AND 17 (ZONING), AND SECTION 20.01.040 OF THE PORT TOWNSEND MUNICIPAL CODE, RELATED TO PERFORMANCE STANDARDS FOR EMERGENCY HOUSING AND SHELTER; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Port Townsend currently has a permitting process for the establishment of temporary tent encampments to shelter people who are unhoused or at imminent risk of losing their housing; and WHEREAS, the current process only permits these uses temporarily, requiring housing and shelter providers to either seek an extension or move established encampments every 180 days; and WHEREAS, the significant investment of extending or moving temporary encampments contradicts the City's goals as stated in the Comprehensive Plan's Community Direction Statement, the Countywide Planning Policies, and the Interlocal Cooperation Agreement Between Jefferson County and the City of Port Townsend to Support Affordable Housing and Homeless Housing Programs, dated November 8, 2021; and WHEREAS, pursuant to Section 35.21.683 of the Revised Code of Washington ("RCW"), the City may not prohibit indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed; and WHEREAS, per the direction from the City Council, the Planning Commission explored possible amendments to the City's municipal code to comply with RCW 35.21.683, to streamline the permitting process for emergency housing and shelter, and to allow more types of emergency housing and shelter within the City; and WHEREAS, through RCW 19.27.042, the legislative authorities of cities and counties are permitted to exempt certain buildings from state building code requirements in order to provide housing for indigent persons, by adopting an ordinance or resolution to that effect; and WHEREAS, RCW 19.27.042 further tasks the state building code council to adopt standards for temporary emergency shelters, and make them available for local adoption, by July 1, 2026; and WHEREAS, Ordinance No. 3320 extended time limitations for temporary uses and interim land use regulations so that a tiny shelter village within the City could continue operating with temporary use permit extensions for tiny shelter use and habitation; and WHEREAS, a safe and predictable permitting and inspection process is needed for tiny shelters to be used as temporary emergency shelters, and delaying action until state building code council rules become available on July 1, 2026, would significantly impair the community's ability to provide safe and affordably -constructed emergency shelter; and WHEREAS, the City building official, in consultation with the Jefferson County building official and fire marshal, recommends regulations to ensure tiny shelter safety, annual inspections, and the means to monitor structure longevity, at which point the structures may need to be transitioned to alternate uses not supporting occupancy; and WHEREAS, the Planning Commission met to consider the proposed ordinance on December 14, 2023, December 28, 2023, and January 18, 2024; and the Planning Commission held a public hearing on February 7, 2024, to receive comments and testimony concerning the same; and WHEREAS, on March 14, 2024, the Planning Commission recommended passage of the proposed ordinance; WHEREAS, on April 1, 2024, City Council held the first reading of the proposed ordinance, including public comments; WHEREAS, Staff prepared three alternatives based on public comments and Council's conversation on April 1st, and those alternatives were discussed during the April 29, 2024, special meeting; NOW, THEREFORE, the City Council of the City of Port Townsend do ordain as follows: Section 1. Findings of Fact and Conclusions. The recitals above are hereby adopted by reference as the City's findings as if fully set forth herein. The City of Port Townsend is facing a shortage of housing options, and temporary use tiny shelter villages and tent encampments require significant infrastructure investment. The City Council wishes to establish safety and performance standards for facilities providing emergency housing and/or shelter to people who are unhoused or at imminent risk of losing housing. Section 2. Amendments. A. Section 17.08.020 of the Port Townsend Municipal Code is hereby amended to include additional definitions in substantially the same form as set forth in Exhibit A. B. Section 17.08.030 of the Port Townsend Municipal Code is hereby amended to include additional definitions and amended definitions in substantially the same form as set forth in Exhibit B. C. Section 17.08.050 of the Port Townsend Municipal Code is hereby amended to include additional definitions in substantially the same form as set forth in Exhibit C. D. Section 17.08.060 of the Port Townsend Municipal Code is hereby amended to include additional definitions and amended definitions in substantially the same form as set forth in Exhibit D. E. Title 16 of the Port Townsend Municipal Code is hereby amended to include a new Chapter 16.06 in substantially the same form as set forth in Exhibit E. F. Table 17.16.020 of the Port Townsend Municipal Code is hereby amended in substantially the same form as set forth in Exhibit F. G. Table 17.18.020 of the Port Townsend Municipal Code is hereby amended in substantially the same form as set forth in Exhibit G. H. Table 17.20.020 of the Port Townsend Municipal Code is hereby amended in substantially the same form as set forth in Exhibit H. L Table 17.22.020 of the Port Townsend Municipal Code is hereby amended in substantially the same form as set forth in Exhibit I. J. Table 17.24.020 of the Port Townsend Municipal Code is hereby amended in substantially the same form as set forth in Exhibit J. K. Table 17.31.030 of the Port Townsend Municipal Code is hereby amended in substantially the same form as set forth in Exhibit K. L. Table 17.31.070 of the Port Townsend Municipal Code is hereby amended in substantially the same form as set forth in Exhibit L. M. Title 17 of the Port Townsend Municipal Code is hereby amended to include a new Chapter 17.62 in substantially the same form as set forth in Exhibit M. N. Chapter 17.60 of the Port Townsend Municipal Code is hereby amended in substantially the same form as set forth in Exhibit N. O. Section 20.02.040 of the Port Townsend Municipal Code is hereby amended by amending Tables 1 and 2 in substantially the same form as set forth in Exhibit O. Section 3. Application to Existing Encampments. Any legally -permitted temporary encampment already in existence on the effective date of this ordinance may apply for a permanent use permit pursuant to the provisions of this ordinance. Section 4. Public Hearing. The City Council held a public hearing on April 1, 2024, to review the findings and conclusions adopted in this ordinance. Section 5. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances, is not affected. Section 6. Publication. This ordinance shall be published by an approved summary consisting of the title. Section 7. Effective Date. This ordinance shall take effect and be in force five days after publication in the manner provided by law. ADOPTED by the City Council of the City of Port Townsend, Washington, at a special meeting thereof, held this 29th day of April 2024. Attest: Alyssa Rodrigues City Clerk David J. Faber Mayor Exhibit A.A Section 17.08.020 A through D. "Communal structure" means a facility for the purposes of cooking, sanitation, and bathing, intended for shared or common use, that is associated with a permitted facility and is designed appropriately for the duration of facility use, in accordance with Chapter 16.06 PTMC, and which meets Jefferson County Department of Health standards. "Continuum of care facility" means a facility providing both indoor and outdoor emergency housing and shelter facilities on a single site. These mixed shelter and emergency housing types may include, but are not limited to, safe parking, tiny shelters, emergency indoor day -use shelters, emergency indoor overnight shelters, permanent supportive housing, and communal structures, all in a single location. Continuum of care facilities must be owned or managed by an organization that primarily provides services for people or families who are currently unhoused or at imminent risk of becoming unhoused. "Disaster reliefEff+efgeflc-Y shelter" means a facility that provides housing for individuals and families in the sudden event of a-R �'�ed engeFge3ey-a natural disaster or an immediately hazardous situation as determined by local, state or federal governments. EmeFgeney shelters rs Exhibit A.B Section 17.08.030 E through H. "Emergency indoor housing" means an indoor ,^^^^ .m.erlati^^r facility on a site owned or controlled by a sponsor with services supervised by a managing agency, for individuals or families who are unhoused or at imminent risk of becoming unhoused that is intended to address the basic health, food, clothing and personal hygiene needs of individuals or families. EmeFpeney he6i&i^^ Emergency indoor housing facilities may require occupants to enter into a lease or an occupancv agreement. "Emergency indoor day -use shelter" means an indoor facility on a site owned or controlled by a sponsor with services supervised by a managing agency, that provides temporary shelter for individuals or families who are currently unhoused, on a day -use basis only. Emergency indoor day -use shelters may not provide any overnight accommodations. Emergency indoor day -use shelter facilities may include warming centers, climate resilience centers, severe weather centers, on -site hygiene centers, and other temporary day -use facilities that do not provide overnight accommodations. "Emergency indoor overnight shelter" means an indoor facility on a site owned or controlled by a sponsor with services supervised by a managing agency, that provides temporary shelter, including overnight accommodations, for individuals or families who are currently unhoused. Emergency indoor overnight shelters may not require occupants to enter into a lease or an occupancy agreement. Emergency indoor overnight shelter facilities may offer daytime services in addition to beds and overnight accommodations, such as warming centers, climate resilience centers. severe weather centers. and temporary on -site hvgiene centers. "Emergency outdoor shelter" or "EOS" means a facility on a site owned or controlled by a sponsor with services supervised by a managing agency, that provides a temporary shelter for individuals or families who are currently unhoused. Emergency outdoor shelters may include a combination of tents and communal structures (e.g., bathroom/shower/kitchen). Emergency outdoor shelters may not require occupants to enter into a lease or an occupancy agreement. For facilities supporting temporary habitation in vehicles exclusively, see "Safe parking." vide disaster Felief shall be p mitted a aright i all zening distrias i^rliyid al may eeeupy the shelter fer Rn ,.;t;rp than A ^nn,;Pe utiye eale dad days eF as Exhibit A.0 (unchanged from 04/01/2024) Section 17.08.050 N through Q. "Permanent supportive housing" means subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on -site or off -site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing with community -based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in the Residential Landlord -Tenant Act, chapter 59.18 RCW. Exhibit A.D Section 17.08.060 R through V. "Safe parking" means programs that allow people living in vehicles to park in off-street parking lots. Safe parking in Port Townsend shall be provided by religious organizations as defined by and in accordance with RCW 35A.21.360. Safe parking may also be on a site owned or controlled by a sponsor with services supervised by a managing agency. d by a "Tiny shelter" means a small structure expressly built to shelter people or families who are unhoused. Tiny shelters are typically 200 square feet or smaller, easily constructed, and easily moved between different locations. Tiny shelters must be located in a tiny shelter village or an emergency outdoor shelter managed by a sponsor or managing agency with services. Tiny shelter facilities may include communal structures, including, but not limited to, bathrooms, showers, and kitchens, subject to Washington State Labor and Industries and Washington State Building Code requirements and permitted by the City of Port Townsend as specified in Chapter 17.62 PTMC. "T-eF...^...Fy tent ,....-a......, eRt Tiny shelter village" means a housing facility for people who are unhoused, which is comprised of purpose-built tiny shelters, as approved by the PCD director, and located on a site permitted by the department of planning and community development. For the purposes of Chapter 16.06 PTMC, tiny shelters are not dwelling units. Tiny shelter villages must be located tempeFaFol • Fesiding ;n tents eF etheF *^^•^^FaFy stFHet es on a site owned or controlled by a sponsor with services supervised by a managing agency. "Transitional housing facility" means structure(s) that provides housing and supportive services to people or families who are unhoused for up to two years and that has as its primary purpose facilitating the movement of persons and families who are unhoused into independent living and permanent housing. Exhibit E (unchanged from 04/01/2024) Exhibit A.E Chapter16.06 TINY SHELTER BUILDING STANDARDS Sections: 16.06.010 Purpose. 16.06.020 Affixing tiny shelter to ground. 16.06.030 Egress. 16.06.040 Ventilation. 16.06.OSO Fire protection devices. 16.06.060 Interior finishes. 16.06.070 Exterior lighting. 16.06.080 Electrical. 16.06.090 Multiple sleeping areas. 16.06.100 Identification of units, labeling. 16.06.010 Purpose. The following construction standards apply to any tiny shelter permitted under PTMC 17.62.040. 16.06.020 Affixing tiny shelter to ground. Tiny shelters shall be affixed to the ground by approved methods to resist overturning under ordinary service conditions. includine wind events. 16.06.030 Egress. A. Tinv shelters must have at least one door with a minimum clear width ooenine of 32 inches B. Tiny shelters must be a minimum of 10 feet from other structures or other tiny shelters. C. Locks or latches on doors and windows that might inhibit an emergency escape from within the unit are prohibited. A single cylinder deadbolt lock or lever -handled door latch is permitted, as long as it does not require the use of a tool or key to lock or unlock it from inside the unit. D. If egress requirements are met by an outswing door, a landing appropriately -sized for the swing of door is required. All tiny shelters shall be provided with a landing a minimum of 36 inches wide. If needed, the landing shall have a ramp or steps with a handrail as specified in the International Building Code or International Residential Code. 16.06.040 Ventilation. A. Each tiny shelter shall contain one operable window that allows for user -controlled ventilation. The window must meet egress reauirements and be located on a separate wall from the door B. Alternatively, an outswing door allowing egress from the tiny shelter may be substituted for the operable egress window. 16.06.050 Fire protection devices. A. Tiny shelters must contain a combination smoke/carbon monoxide detector with lithium batteries. B. Tiny shelters shall contain a fire extinguisher with a minimum rating of 1-A:10-B:C. The fire extinguisher may be attached to the tiny shelter's exterior adjacent to the egress door. 16.06.060 Interior finishes. Interior finishes must have a Class C (Flame spread index of 76-200, smoke developed index of 0-450) rating or better. 16.06.070 Exterior lighting. Tiny shelters shall be provided with an exterior porch light if dusk -to -dawn exterior lighting is not provided on the grounds of the tiny shelter village. The exterior porch light must be hard- wired with outlets. 16.06.080 Electrical. A. Concealed wiring shall be performed in accordance with the Washington State Electrical Code and NFPA 70. Electrical work shall be inspected and permitted through the Department of Labor and Industries. B. In -wall mounted, surface -mounted or freestanding heaters must meet national standards such as UL and be provided with an auto -tilt shut-off feature. 16.06.090 Multiple sleeping areas. Any tiny shelter with more than one sleeping area must be built to International Residential Code Appendix Q—Tiny Homes standards, or be affixed with a label from Washington State Labor and Industries. 16.06.100 Identification of units, labeling. A. All tiny shelters must be permanently affixed with an "Emergency Shelter" label on the door frame of each unit. Such label shall bear a legible date of original manufacture. B. There must be clear numbering of all individual units labeled on the exterior of unit. Exhibit AX Table 17.16.020 Residential Zoning Districts — Permitted, Conditional and Prohibited Uses Key to table: P = Permitted outright; P2 = Permitted with a Type II Process; C = Subject to a conditional use permit; X = Prohibited; N/A = Not applicable DISTRICT R-I R- 11 R III R- IV APPLICABLE REGULATIONS/NOTES SINGLE-FAMILY RESIDENTIAL USES Rows 2-4 STET Continuum of care C C C C PTMC 17.62.040, Permit review process Table; and PTMC facilities 17.62.050 Approval criteria EFReFgeRe Disaster relief shelterk6-eF P P P P SaRge a5 abeve. Disaster relief shelters are not subject to bulk, dimensional, and density requirements. This provision recognizes disaster relief agencies' desired use of various facilities located in various zoning districts during a time of declared public emergency. C.........eRey shelters 42 42 42 -12 This the Red Cress's desired pFevisien Feeagnizes u of dblFlRg a time of rxcvr EmergencV indoor P2 P2 P2 P2 PTMC 17.62.040, Permit review process Table; and PTMC housin 17.62.050 Approval criteria Emergency indoor P2 P2 P P PTMC 17.62.040, Permit review process Table; and PTMC da -use shelter 17.62.050 Approval criteria Emergency indoor P2 P2 P2 P2 PTMC Ch. 17.62.040 Permit review process Table and overnight shelter 17.62.050 Approval criteria Emergency outdoor C C P2 P2 PTMC Ch. 17.62.040 Permit review process Table and shelter 17.62.050 Approval criteria Rows 8-14 STET Safe parking P2* P2* P2* P2* Standalone safe parking facilities shall be owned and/or operated by a religious organization hinder a Type I -A or *Type 11 permit for other nonprofits. See Ch. 17.62.040 Permit review process Table, 17.62.050 Approval criteria, and 17.62.050.0 Standards for Standalone Safe Parking. Tiny shelter villages F P2 P2 P2 PTMC Ch. 17.62.040 Permit review process Table and 17.62.050 Approval criteria MULTIFAMILY RESIDENTIAL USES Commented [AS 11: New. Rows 19-31 STET Permanent supportive housin P P* P P Ch. 17.36 PTMC, Multifamily Residential Development Standards; and PTMC 17.16.030, Bulk, dimensional and density requirements. *Regardless of any other code provision, applications for conditional use permits for apartment houses in the R-II zone are minor conditional uses and processed as Type II permits per Ch. 20.01 PTMC. Transitional housin P P* P P Ch. 17.36 PTMC, Multifamily Residential Development Standards; and PTMC 17.16.030, Bulk, dimensional and density requirements. *Regardless of any other code provision, applications for conditional use permits for apartment houses in the R-II zone are minor conditional uses and processed as Type II permits per Ch. 20.01 PTMC. Exhibit A.G Table 17.18.020 Mixed Use Zoning Districts — Permitted, Conditional and Prohibited Uses Key to table: P = Permitted outright; P2 = Permitted with a Type II process; C = Subject to a conditional use permit; X = Prohibited; N/A = Not applicable DISTRICT I(MU) I(MU) APPLICABLE REGULATIONS/NOTES RESIDENTIAL USES (Mixed with other permitted nonresidential uses) Rows 1-2 STET Boarding houses (six#euf or fewer roomers) and lodging and rooming houses (seven five or more roomers) P P Same as above. Continuum of care facilities C C PTMC 17.18.030, Bulk, dimensional and density requirements; Ch. 17.36 PTMC, Multifamily Residential Development Standards; and Ch. 17.62 PTMC. Row 4 STET Disaster relief shelter P P Disaster relief shelters are not subject to bulk, dimensional, and density requirements. This provision recognizes disaster relief agencies' desired use of various facilities located in various zoning districts during a time of declared public emergency. EmergencV indoor housing P2 P2 PTMC 17.18.030, Bulk, dimensional and density requirements; Ch.17.36 PTMC, Multifamily Residential Development Standards; and PTMC Ch. 17.62.040 Permit review process Table and 17.62.050 Approval criteria Emergency indoor day -use P P PTMC 17.18.030, Bulk, dimensional and density shelter requirements; Ch. 17.36 PTMC, Multifamily Residential Development Standards; PTMC 17.62.040, Permit review process Table; and PTMC 17.62.050, Approval criteria Emergency indoor overnight P2 P2 PTMC 17.18.030, Bulk, dimensional and density shelter requirements; Ch. 17.36 PTMC, Multifamily Residential Development Standards; PTMC 17.62.040, Permit review process Table; and PTMC 17.62.050, Approval criteria Emergency outdoor shelter P2 P2 PTMC 17.18.030, Bulk, dimensional and density requirements; Ch. 17.36 PTMC, Multifamily Residential Development Standards; PTMC Ch. 17.62.040 Permit review process Table and 17.62.050 Approval criteria Rows 6-9 STET Safe parkin P2* P2* Standalone safe parking facilities (shall be owned or operated by religious organizations and permitted under a Type I -A or *Type II permit for other nonprofits. See Ch.117.62 PTMC117.62.040 Permit review process Table, 17.62.050 Approval criteria, and 17.62.050.0 Standards for Standalone Safe Parking. Tiny shelter villages P2 P2 PTMC 17.18.030, Bulk, dimensional and density requirements; Ch. 17.36 PTMC, Multifamily Residential Development Standards; and PTMC Ch. 17.62.040 Permit review process Table and 17.62.050 Approval criteria Row 10 STET Permanent supportive housin P P PTMC 17.18.030, Bulk, dimensional and density requirements; and Ch. 17.36 PTMC, Multifamily Residential Development Standards. Transitional housing facilities P P PTMC 17.18.030, Bulk, dimensional and density requirements; and Ch. 17.36 PTMC, Multifamily Residential Development Standards. Rows 12-78 STET Commented [AS2]: Changed "may" to "shale' Commented [AS3]: Updated reference to Specify permit review process, approval criteria, and safe parking specific standards. Exhibit AM Table 17.20.020 Commercial Zoning Districts — Permitted, Conditional and Prohibited Uses Key to table: P = Permitted outright; P2 = Permitted with a Type II process; C = Subject to a conditional use permit; H = Subject to conditional use requirements for historic structures; X = Prohibited; N/A = Not applicable DISTRICT C-1 C-II C-II(H) C-III I APPLICABLE REGULATIONS/NOTES Rows 1-46 STET RESIDENTIAL USES Rows 48-50 STET Continuum of care facilities X C X C PTMC 17.20.030 Bulk dimensional and density requirements; and PTMC 17.62.050 Approval criteria. Disaster relief shelters P P P P Disaster relief shelters are not sub"ect to bulk dimensional and density requirements. This provision recognizes disaster relief agencies' desired use of various facilities located in the various zoning districts during a time of declared public emer enc . Emergency indoor housing X P2 C P2 PTMC 17.20.030 Bulk dimensional and density requirements; and PTMC 17.62.050 Approval criteria. Emergency indoor day -use X P C P PTMC 17.62.050 Approval criteria. shelter EmergencV indoor overnight shelter X P2 C P2 PTMC 17.62.050 Approval criteria. Emergency outdoor shelter X C X C PTMC 17.62.050 Approval criteria. Homeless sheltefs X G EBulk, dimensie anddeRSit Rows 52-56 STET Permanent supportive X P P P PTMC 17.20.030 Bulk dimensional housin and density requirements. Multifamily housing requires design review. Safe parking X P2* X P2* Standalone safe parking facilities shall be owned or operated by religious or anizations and permitted under a Commented [AS4]: Chuiged "may" to "shall' Type I -A or *Type II permit for other nonprofits. See Ch. 17.62 PTMCI 17.62.040 Permit review process Table 17.62.050 Approval criteria and 17.62.050.0 Standards for Standalone Safe Parkin . Tiny shelter villages X P X P PTMC 17.20.030 Bulk dimensional and density requirements; and PTMC 17.62.050 Approval criteria. The PCD director may authorize a waiver of the basic permit fee. Transitional housing X P X P PTMC 17.20.030 Bulk dimensional and density re uirements. Multifamily housing requires design review. Rows 55-145 STET Commented [A55]: Updated reference to specify permit review process, approval criteria, and safe parking specific standards. Exhibit A.l (unchanged from 04/01/2024) Table 17.22.020 Marine -Related and Manufacturing Districts — Permitted, Conditional and Prohibited Uses Key to table: P = Permitted outright; P2 = Permitted with a Type II process: M = Permitted if marine related; C = Subject to a conditional use permit; X = Prohibited; N/A = Not applicable DISTRICT M/C M- I M- I1(A) �M_ II(B) M- III APPLICABLE REGULATIONS/NOTES Rows 1-55 STET RESIDENTIAL USES Continuum of care C C C C C facilities Disaster relief shelter P P P P P Disaster relief shelters are not sub"ect to bulk dimensional and density requirements. This provision recognizes disaster relief agencies' desired use of various facilities located in the various zoning districts during a time of declared public emergency. EmergencV indoor housin C C C C C PTMC 17.62.050 Approval criteria. EmergencV indoor shelter C C C C C PTMC 17.62.050 Approval criteria. Emergency outdoor X X X X X shelter Row 57 STET Safe parking Ix Ix Ix Ix X Tiny shelter villages C C C 1C C IPTMC 17.62.050 Approval criteria. Rows 58-87 STET Exhibit A.J (unchanged from 04/01/2024) Table 17.24.020 Public, Park and Open Space Zoning Districts — Permitted, Conditional and Prohibited Uses Key to table: P = Permitted outright; P2 = Permitted with a Type II process; C = Subject to a conditional use permit; X = Prohibited; N/A = Not applicable DISTRICT I P/OS P/OS(B) I P-I I APPLICABLE REGULATIONS/NOTES Rows 1-32 STET OTHER USES Rows 34-36 STET EFReFgeRE Disaster relief shelters P E exEept P WeFden P & P F84 `^ P�QS State P ed exEept 8FdeR ~ 'tted use in all zopes. Disaster relief shelters are not subiect to bulk, dimensional, and density requirements. This provision aekne,_ ledg__ t.".= Red & s r recognizes disaster relief agencies desired use of various facilities at Pert `"'AMPR located in the various zoning districts during a time of declared public emergency. Rows 38-49 STET Exhibit AN Table 17.31.030 Commercial Zoning District — Permitted, Conditional and Prohibited Uses Key to table: P = Permitted outright; P2 = Permitted with a Type II process; C = Subject to a conditional use permit; X = Prohibited; N/A = Not applicable Use Type Specific Use Standards II(- Residential Rows 2-12 STET Continuum of Care C Refer to PTMC 17.62.050, Approval criteria. Facility Disaster Relief P Disaster relief shelters are not subiect to bulk, dimensional, and density Shelter requirements. This provision recognizes disaster relief agencies' desired use of various facilities located in the various zoning districts during a time of declared public emergency. Emergency Indoor P2 Refer to PTMC 17.62.050, Approval criteria. Day -Use Shelter Emergency Indoor P2 Refer to PTMC 17.62.050, Approval criteria. Overnight Shelter Emergency Indoor P2 Refer to PTMC 17.62.050, Approval criteria. Housing Facility Emergency P2 Refer to PTMC 17.62.050, Approval criteria. Outdoor Shelter Safe Parking P2* See Ch. 117.62 PTMCI17.62.040 Permit review process Table, 17.62.050 Approval criteria, and 17.62.050.0 Standards for Standalone Safe Parking. Tiny Shelter Village P2 Refer to Ch. 17.62 PTMC. Nursing Homes P Tiny House on C Chapter 17.58 PTMC Wheels Communities Rows 17-96 STET Commented [AS6]: Updated reference to specify permit review process, approval criteria, and safe parking specific standards. Exhibit A.L Table 17.31.070 Manufacturing District — Permitted, Conditional and Prohibited Uses Key to table: P = Permitted outright; P2 = Permitted with a Type II process; C = Subject to a conditional use permit; X = Prohibited; N/A - Not applicable Use Type M/C Specific Use Standards Residential Rows 2-11 STET Continuum of C Refer to PTMC 17.62.050, Approval criteria. Care Facility Disaster Relief P Disaster relief shelters are not subject to bulk, dimensional, and density Shelter requirements. This provision recognizes disaster relief agencies' desired use of various facilities located in the various zoning districts during a time of declared public emergency. Emergency P Refer to PTMC 17.62.050, Approval criteria. Indoor Day -Use Shelter Emergency P2 Refer to PTMC 17.62.050, Approval criteria. Indoor Overnight Shelter Emergency P2 Same as above. Indoor Housing Emergency P2 Same as above. Outdoor Shelter Permanent P Refer to PTMC 17.31.150, Bulk, dimensional and lot standards by building Supportive type, for regulations pertaining to applicable residential building types. Housing Safe Parking P2* Standalone safe parking facilities (shall be owned or operated by religious organizations and permitted under a Type I -A or *Type II permit for other nonprofits. See Ch. 17.62 PTMd 17.62.040 Permit review process Table, 17.62.050 Approval criteria, and 17.62.050.0 Standards for Standalone Safe Parking. Tiny Shelter P2 - Refer to PTMC 17.62.050, Approval Criteria Viler_ Transitional P Refer to PTMC 17.31.150, Bulk, dimensional and lot standards by building Housing type, for regulations pertaining to applicable residential building types. ROWS 13-71 STET ' Commented [AS7]: Changed "may" to "shall" ' Commented [AS8]: Updated reference to specify permit review process, approval criteria, and safe parking specific standards. Exhibit A.M Chapter17.62 SHELTER AND EMERGENCY HOUSING PERFORMANCE STANDARDS Sections: 17.62.010 Purpose. 17.62.020 Scope. 17.62.030 Application and submittal contents. 17.62.040 Permit review process Table. 17.62.050 Approval criteria. 17.62.060 Time limitations. 17.62.070 Modification. 17.62.080 Assurance device. 17.62.090 Permit suspension or revocation. 17.62.010 Purpose. The purpose of this chanter is to allow. and to establish a review process for the siting and use of, shelters and emergency housing facilities for individuals and families who are unhoused or at imminent risk of becoming unhoused within Port Townsend. This includes continuum of care facilities, disaster relief shelters, emergency indoor day -use shelters, emergency indoor overnight shelters, emergency indoor housing facilities, emergency outdoor shelters, safe parking, and tiny shelter villages. These regulations are intended to protect public health and safety by reauiring the safe operation of shelters and housing facilities. benefiting residents and the broader communit 17.62.020 Scope. A. ADDlicability. Shelters and emergencv housing facilities are permitted pursuant to the provisions of this section based on the underlying zoning and local, state, and federal law. B. Religious Organizations. In accordance with RCW 35A.21.360, religious organizations may host homeless people on property owned or controlled by the religious organization. This includes safe parking, which is otherwise not permitted as a stand- alone use in Port Townsend. If applicable pursuant to RCW 35A.21.360(5), religious organizations shall utilize the homeless client management information system established in RCW 43.185C.180. C. Permitted Zones and Permit Review Types. Applications for shelter facilities shall be processed as described in PTMC 17.62.040, according to the procedures for a Type I, Type I -A, Type II, or Type III land use decision established in Chapter 20.01 PTMC, Land Development Administrative Procedures. 17.62.030 Application and submittal contents. The property owner and managing agency (collectively "the applicant") shall sign and submit all of the following: A. Application provided by the department of planning and community development for one of the following permit types as described by PTMC 17.62.040: 1. Type I Disaster Relief Shelter; 2. Type I -A Safe Parking Hosted bV a Religious Organization; 3. Type 11 Emergency Housing or Shelter Facility as described in 17.62.040; or 4. Type III Emergency Housing or Shelter Facility as described in 17.62.040 and all continuum of care facilities. B. A site Dian of the DroDerty. drawn to scale. showine existine natural features and critical areas, existing and proposed utility improvements, existing rights -of -way and improvements, the parking proposed on the property, as well as off -site parking, and existing and proposed structures or other improvements. For protects proposing new construction or clearing and grading, the site plan shall also include existing and proposed grades, stormwater and erosion control, landscaping, and perimeter screening for the proposed facility; C. A vicinity map, showing the location of the site in relation to nearby streets and properties; D. A written summary of the proposal, responding to the applicable standards and requirements of PTMC 17.62.050 and PTMC 20.01.100; E. Address and parcel number of the subject property; F. Photographs of the site; G. A list of other permits that are or may be required for development of the property by the county or by another government agency with jurisdiction over the development; H. Applicable permit fees; I. A list of any development standards under Title 17 PTMC that the applicant seeks to modify; J. A statement of qualifications of the applicant meeting the requirements of PTMC 17.62.050.13.1; K. The applicant's draft policies and plans as described bV PTMC 17.62.050.B.3 and PTMC 17.62.050. B.4; L. Project statistics, including proposed site area, building coverage, number and location of tents and temporarV structures, expected and maximum number of residents, and duration of the facility. M. Documentation that the applicant has informed the Consolidated Homeless Grant (CHG) lead agency of their intent to develop. The documentation shall include whether or not Homeless Management Information System participation will be required and that any data requested by the CHG lead agency has been provided, such as a description of services provided and the number of housing units or shelter beds intended to be developed. 17.62.040 Permit review process Table. The following table describes the permitting process each allowed use shall follow, unless exempted by state law. Permit Review Process Disaster Relief Shelter Type I Permit Review Process. Disaster relief shelter applications shall be reviewed under a Type I permit and are allowed in all zones. Applications for disaster relief shelters shall be processed according to the procedures for Type I land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. Safe Parking Type I -A Permit Review Process. Applications for standalone safe parking facilities owned or operated by religious organizations shall be reviewed under a Type I -A permit and be processed according to the procedures for Type I -A land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. Emergency Indoor Housing Type II Permit Review Process. Applications for emergency indoor housing in the specified zones shall be reviewed under a Type 11 permit and processed according to the procedures for Type 11 land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. Type III Maior Conditional Use Permit Review Process. Applications for emergency indoor housing in the specified zones shall be reviewed under a Type -III Maior Conditional Use process. Applications for these uses shall be processed according to the procedures for Type III land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. Emergency Indoor Day -Use Shelters Zone All Zones R-1 R-11 R-III R-IV C-1 MU C-11 LmlU C-11 C-III C-11 LS M CS Type I Permit Review Process. Applications for emergency indoor day -use R-III shelters in the specified zones shall be reviewed under a Type I permit and R-IV be processed according to the procedures for Type I land use decisions C-1 MU established in Chapter 20.01 PTMC, Land Development Administrative C-11 Nlull Procedures. C-11 C-111 C-11 LSI M CS Type 11 Permit Review Process. Applications for emergency indoor day -use R-1 shelters in the specified zones shall be reviewed under a Type 11 permit and R-11 be processed according to the procedures for Type 11 land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. Type III Maior Conditional Use Permit Review Process. Applications for C-II H emergency indoor day -use shelters in the specified zones shall be reviewed M C under a Type -III Maior Conditional Use process. Applications for these uses M-1 shall be processed according to the procedures for Type III land use M-11 A decisions established in Chapter 20.01 PTMC, Land Development M-II B Administrative Procedures. M-III Emergency Indoor Overnight Shelters Type 11 Permit Review Process. Applications for emergency indoor R-1 overnight shelters in the specified zones shall be reviewed under a Type 11 R-11 and be processed according to the procedures for Type II land use R-III decisions established in Chapter 20.01 PTMC, Land Development R-IV Administrative Procedures. C-1 MU C-11 Nlull C-11 C-111 C-11 LS M CS Type III Maior Conditional Use Permit Review Process. Applications for C-11 LH emergency indoor overnight shelters in the specified zones shall be M C reviewed under a Type -III Maior Conditional Use process. Applications for M-1 these uses shall be processed according to the procedures for Type III land M-11 A use decisions established in Chapter 20.01 PTMC, Land Development M-11 B Administrative Procedures. M-111 Emergency Outdoor Shelters Type 11 Permit Review Process. Applications for emergency outdoor R-111 shelters in the specified zones shall be reviewed under a Type 11 and be R-IV processed according to the procedures for Type 11 land use decisions C-1 MU established in Chapter 20.01 PTMC, Land Development Administrative C-11 MU Procedures. C-11 LS M CS Type III Maior Conditional Use Permit Review Process. Applications for R-1 emergency outdoor shelters in the specified zones shall be reviewed under R-11 a Type -III Maior Conditional Use process. Applications for these uses shall C-11 be processed according to the procedures for Type III land use decisions C-III established in Chapter 20.01 PTMC, Land Development Administrative Procedures. Tiny Shelter Villages TVpe II Permit Review Process. Applications for tiny shelter villages in the R-1 specified zones shall be reviewed under a Type II and be processed R-11 according to the procedures for Type II land use decisions established in R-III Chapter 20.01 PTMC, Land Development Administrative Procedures. R-IV C-I MU C-11 NOU C-11 C-111 C-11 LS M CS TVpe III Maior Conditional Use Permit Review Process. Applications for tiny M C shelter villages in the specified zones shall be reviewed under a Type -Ill M-1 Maior Conditional Use process. Applications for these uses shall be M-11 A processed according to the procedures for Type III land use decisions M-11 B established in Chapter 20.01 PTMC, Land Development Administrative Procedures. M-111 Continuum of Care TVpe III Maior Conditional Use Permit Review Process. Applications for R-1 continuum of care facilities shall be reviewed under a Type -III Maio R-11 Conditional Use process. Applications for emergency indoor day -use R-III shelters, emergency indoor overnight shelters, emergency indoor housing, R-IV emergency outdoor shelters, and tiny shelter villages shall also be C-I MU reviewed as a Type Ill Maior Conditional Use if the proposed facility is C-11 Nlull located in the M/C, M-1, M-IIIAI, M-II(B), or M-III zones. Applications for C-11 these uses shall be processed according to the procedures for Type Ill land C-III use decisions established in Chapter 20.01 PTMC, Land Development M C Administrative Procedures. M-1 M-II A M-11 B M-111 C-11 LS M CS 17.62.050 Approval criteria. A. The following operational reauirements apply to all emergency housing and shelters offering overnight services or beds, unless exempt under state law. 1. No children under the age of 18 are allowed to stav overnight in a shelter unless accompanied by a parent or legal guardian. If a child under the age of 18 without a parent or legal guardian present attempts to stay at the shelter, the managing agency shall immediately contact the Department of Social and Health Services, Child Protective Services, for placement in an alternative shelter. The managing agency shall ensure compliance with all state and local public health regulations during operation of the shelter. As a condition of approval of the shelter, the managing agency shall allow reasonable access and permit inspections by state and local agencies and/or departments to ensure such compliance and shall implement all directives resulting therefrom within the specified time period. The managing agency must document ongoing compliance with public health requirements, including but not limited to the following: a. potable water, which must be available at all times at the site; b. portable or permanent toilets, which shall be set back from all property lines as determined by the PCD director and serviced as often as necessary to ensure sanitary conditions; c. hand -washing stations by all toilets and food preparation areas; d. food handling and storage facilities meeting all public health requirements (including those in Chapter 246-215 WAC), including but not limited to proper temperature control for food storage and an educational program for shelter residents; and e. refuse receptacles capable of providing capacity to keep the facility clean, without excess garbage accumulating outside of receptacles. f. At continuum of care facilities and tiny shelter villages, the on -site services described above in subsections a. through e. shall be limited to the residents only and not available for drop in use by non-residents. 3. The managing agency shall immediately contact the Port Townsend Police Department's Office if any individual is reiected or elected from the facility under any of the following circumstances: a. there is an active warrant on the individual; b. there is a match on a sex offender check; or c. in the judgment of the on -duty point of contact or on -duty security staff, the person rejected or elected presents a potential threat to the community; 4. If not already required by state or federal funding provisions, the managing agency shall cooperate and collaborate with other providers of shelters and services for people who are unhoused within Port Townsend and Jefferson County, particularly with respect to provision of services and availability of resources. 5. Emergency locator address. After permit approval, the managing agency shall apply to the department for an emergency locator address for purposes of emergency response. The facility address shall also be recognized with the United States Postal System for mail delivery. 6. Buildings and construction compliance. The managing agency shall ensure that facilities including tiny shelters or other purpose-built structures are at all times in compliance with the requirements of Title 16 PTMC with respect to building and fire code requirements. As a condition of approval, the managing agency shall allow building and fire code officials reasonable access to outdoor and shared spaces for inspection purposes. Table 17.62.050.A.6 Applicable Building and Construction Codes for Emergency Housing and Shelter Facilities Type of Structure Applicable Code Section for Building and Construction Compliance Structures within Continuum of Care Facilities Subject to fire life safety review as provided for in Title 16 PTMC Disaster Relief Shelters Subject to fire life safety review Emergency Indoor Housing Subject to adopted codes per PTMC 16.04.020 Adoption of codes by reference. Emergency Indoor Day- Subject to adopted codes per PTMC 16.04.020 Use Shelter Adoption of codes by reference. Emergency Indoor Overnight Shelter Subject to adopted codes per PTMC 16.04.020 Adoption of codes by reference. Emergency Outdoor Shelter Subject to fire life safety review Tiny Shelters Subject to PTMC 16.06 and fire life safety review Communal Structures Subject to PTMC 16.06 and fire life safety within Tiny Shelter Villages and Emergency review Outdoor Shelters Safe Parking Facilities Communal structures and vehicle spacing are subject to fire life safety review. 7. UDon vacation of a shelter. all temnorary structures and debris shall be removed from the host site within one calendar week, unless otherwise permitted by the PCD director. The site shall be restored, as near as possible, to the original condition, as identified in the site photos submitted with the application. Where deemed necessary by the director, the managing agency shall re -plant areas in which vegetation has been removed or destroyed. This requirement may be waived if the director approves the site be redesigned for a different use. Standards for all new facilities, excluding standalone safe parking. The following site requirements shall apply to all continuum of care facilities, emergency indoor day -use shelters, emergency indoor overnight shelters, emergency indoor housing facilities, emergency outdoor shelters, and tiny shelter villages, unless exempt under state law. Each approved standard shall be included as a condition of approval. 1. Managing Agency Qualifications. Any organization that applies for a permit for a shelter, emergency housing facility, or safe parking as part of a continuum of care facility shall include sufficient information in its application materials to demonstrate, to the director's reasonable satisfaction, that the organization possesses two or more of the following qualifications, either directly, or indirectly through one or more of the organization's directors, officers, or managers with direct supervision over the proposed facility: a. Experience providing similar services to unhoused individuals; b. A certification, or comparable academic credentials, in an applicable human service field: c. Applicable work or volunteer experience in a related program with unhoused populations; d. Lived experience with similar services. Should the organization not meet at least two of the above aualifications the PCD director may require additional prescriptive measures to ensure that the facility is operated in conformance with local, state, and federal requirements, and to minimize risk to both facility residents and neighbors. Capacity. Each shelter will be limited in its service capacity to the number of people that the site can accommodate, as determined by the building official pursuant to applicable building and fire codes. Policies and Plans for Emergency Indoor Day -Use Shelter. No indoor emergency day -use shelter shall be permitted without approved standard operating procedure plans that address the following: a. Operations Plan addressing: I. Site management; II. provision of human and social services; III. roles and responsibilities of key staff; IV. policies for entry to site by residents and visitors; and V. policies for denial of services in accordance with PTMC 17.62.050.B.3.b.11 and 17.62.050.B.3.d.X11. b. Safety and Security Plan that incorporates feedback from local law enforcement services, and describes measures that the site manager will employ to promote the safety of facility occupants and surrounding residents and businesses, including, but not limited to: I. Evacuation or shelter in place procedures in the event of an emergencv. such as a fire. active shooter. natural disaster or other emergency; II. criteria for resection or removal of an individual seeking access to the facility; III. a plan to address disruptive behavior in the facility and on the property that infringes on the safety of occupants or employees of the use, and a description of the consequences for engaging in disruptive behavior; IV. a plan to address behavior that is inconsistent with the facility's code of conduct and Port Townsend Municipal code; and c. "Good Neighbor' Policy that sets out a plan for informing neighboring properties of facility hours, services, and the facility's designated point of contact. d. Proposed Code of Conduct. A "code of conduct" is an agreement on rules of behavior between facility visitors and the managing agency. The code of conduct is intended to protect the health, safety and welfare of the visitors and employees of the shelter facility, and surrounding residents and businesses. Facilities shall address violations of the code of conduct per the visitors' rights and grievances procedures. The code of conduct must include, at a minimum, provisions committing visitors to the following: I. maintaining appropriate public health standards on the site by preventing the accumulation of garbage and other health hazards or nuisances; II. respecting state law restrictions on smoking and agreeing to use designated smoking areas where provided; III, prohibiting threatening, illegal, and unsafe behavior, per local, state and federal law; IV. respecting all rules required by the managing agency as a condition of entry to the site; V. visitors' rights statement and grievance procedures, including the right to a copy of the code of conduct and a copy of dispute resolution rules for each visitor; and e. Any other policies necessary for the health, safety, and welfare of facility visitors, staff, neighbors, and the broader community. 4. Policies and Plans for Emergency Indoor Housing and Emergency Indoor Overnight Shelters. No indoor emergency housing or indoor overnight shelter shall be permitted without approved standard operating procedure plans that address the followine: a. Operations Plan addressing: I. Site management; 11. site maintenance; III. provision of human and social servi IV. roles and responsibilities of key staff; V. policies for entry to site by residents and visitors; and VI. policies for denial of services in accordance with PTMC 17.62.050.B.3.b.11 and 17.62.050.B.3.d.Xll. b. Safety and Security Plan that incorporates feedback from local law enforcement services, and describes measures that the site manager will employ to promote the safety of facility occupants and surrounding residents and businesses, including, but not limited to: I. Evacuation or shelter in place procedures in the event of an emergency, such as a fire, active shooter, natural disaster or other emergency; 11. criteria for resection or removal of an individual seeking access to the facility; III. a plan to address disruptive behavior in the facility and on the property that infringes on the safety of occupants or employees of the use, and a description of the consequences for engaging in disruptive behavior; IV. a plan for managing unpermitted access to the facility and property; V. a plan to address behavior that is inconsistent with the facility's code of conduct and Port Townsend Municipal code; and VI. a plan for coordination and communication between the managing agency and law enforcement agencies to ensure timely information sharing between agencies. c. "Good Neighbor" Policy that sets out a plan for engagement through the life of the facility with the community and a process for addressing grievances of facility residents, concerned neighbors, and resident of the broader community, and which will: I. Be developed through documented outreach to the adjacent neighbors; and 11. include a designated point of contact and their contact information available for the residents and neighbors. d. Proposed Code of Conduct. The proposed code of conduct shall be further developed and adopted by the residents of the facility. Updates to the code of conduct shall be reported to the City during annual inspections or more frequently if indicated by neighborhood engagement. A "code of conduct" is an agreement on rules of behavior between facility occupants and the managing agency. The code of conduct is intended to protect the health, safety and welfare of the residents and emolovees of the shelter facilitv. and surrounding residents and businesses. Facilities shall address violations of the code of conduct per the residents' rights and grievances procedures The code of conduct must include, at a minimum, provisions committing occupants to the following: I. respecting the rights of property owners to restrict access to areas of their property that are not open to the public or to facility residents; ll. maintaining appropriate public health standards on the site by preventing the accumulation of garbage and other health hazards or nuisances; III. respecting state law restrictions on smoking and agreeing to use designated smoking areas where provided; IV. maintaining reasonable noise levels in compliance with the public disturbance noise prohibitions; V. prohibiting threatening, illegal, and unsafe behavior, per local, state and federal law; VI. storing all items the managing organization deems as weapons in a safe location; VII. prohibiting any of the following fire hazards in any tent or tiny structure: open flames including candles, incense, fuel gas appliances or other equipment, convection or toaster ovens, or hot plates; a. microwaves are allowable; however, cooking activities, outside the use of a microwave, must only be allowed in an officially designated cooking area; VIII. storing materials or objects outside in such a manner to prevent creating a public nuisance or fire risk; IX. how to appropriately care for dogs and other pets on site, if pets are allowed, to prevent animal control nuisances, including disposing of animal waste and preventing noise complaints; X. respecting all rules required by the managing agency as a condition of entry to the site; XI. complying with terms of any "good neighbor" policy provisions that apply to occupants of the tiny shelter village; XII. resident rights statement and grievance procedures, including the right to a copy of the code of conduct and a copy of dispute resolution rules for each resident; and XIII. a visitors policy detailing when the facility is open to residents' guests, what areas of the facility are available for visitors, check -in procedures for visitors, and steps taken to ensure all visitors comply with the code of conduct. e. Any other policies necessary for the health, safety, and welfare of facility residents, staff, neighbors, and the broader community. Policies and Plans for Outdoor Emergency Housing and Shelters, Excluding Standalone Safe Parking. No outdoor emergency housing or shelter shall be permitted without the approved standard operating procedures listed in PTMC 17.62.050.13.3 and the following additional procedures: a. Operations Plan I. a statement of actions that the applicant will take to obtain verifiable identification from all facility residents, for the purpose of obtaining sex offender and warrant checks from appropriate agencies; b. Safety and Security Plan, which incorporates the requirements of PTMC 17.62.050.B.3.b and: the manaeine aeencv shall take reasonable and leeally permissible steps to obtain verifiable identification information from current and prospective residents, including full name and date of birth, and initiate background checks with the appropriate agencies. The managing agency shall keep a current log of names and dates of all people who stay overnight in the facility. This log shall be available upon request to law enforcement agencies and prospective residents shall be so advised by the managing agency; II. perimeter fencing or screening to limit access to the site for safety and security reasons, without obstructing sight at the street, street intersections, or curbs. Screening material may include fencing, landscaping or other site -specific methods approved by the PCD director; III. implementation of registered sex offender background checks and compliance with applicable registration and notification requirements; IV. a plan for managing onsite security; V. the provision of a live-in. on -site manager representing the managing agency; VI. the provision of a phone number and point of contact at the site of the proposed shelter for the community to report concerns: VII. a plan for addressing reported concerns and documenting resolution, and making this information publicly available with appropriate measures to protect the privacy of those involved; and Vill. identification of performance metrics that will be used to track compliance with the safety and security plan. c. Transportation plan, addressing transit proximity, vehicle circulation, and pedestrian and bicycle ingress and egress to the facility. C. Standards for Standalone Safe Parking. No standalone safe parking facility shall be permitted within the city except in accordance with the following provisions, unless exempt understate law. 1. Organizer Qualifications. Any religious organization that applies for a permit to operate a safe parking facility shall include sufficient information in its application materials to demonstrate, to the director's reasonable satisfaction, that the organization possesses two or more of the following qualifications, either directly, or indirectly through one or more of the organization's directors, officers, or managers with direct supervision over the proposed facility: a. Experience providing similar services to unhoused individuals; b. A certification, or comparable academic credentials, in an applicable human service field: c. Applicable work or volunteer experience in a related program with unhoused populations; d. Lived experience with similar services. Should the religious organization not meet at least two of the above qualifications, the PCD director may require additional prescriptive measures to ensure that the facility is operated in conformance with local, state, and federal requirements, and to minimize risk to both facility residents and neighbors. Capacity. Each standalone safe parking facility will be limited in its service capacity to the number of people that the site can accommodate, as determined by the PCD director pursuant to applicable building and fire codes. It is recommended that the organization also maintain the minimum recommended number of available parking spaces for anv existing uses on the property. in accordance with PTMC 17.72.080. 3. Policies and Plans for Standalone Safe Parking. No standalone safe parking facility shall be permitted without approved standard operating procedure plans that address the following: a. Operations Plan addressing: I. Site management; 11. site maintenance; III. provision of human and social services; IV. roles and responsibilities of I<ey staff; V. policies for entry to site by residents and visitors; and VI. policies for denial of services in accordance with 17.62.050.C.3.b.111 and 17.62.050.C.3.b.IV. b. Safety and Security Plan, which incorporates feedback from local law enforcement services, and describes measures that the site manager will employ to promote the safety of facility occupants and surrounding residents and businesses, including, but not limited to, all of the following: 1. Perimeter fencing or screening to limit access to the site for safety and security reasons, without obstructing sight at the street, street intersections, or curbs. Screening material may include fencing, landscaping or other site -specific methods approved by the PCD director; 11. evacuation or shelter in place procedures in the event of an emergency, such as a fire, active shooter, natural disaster or other emergency; III. criteria for resection or removal of an individual seeking access to the facility; IV. how the criteria for resection or removal shall be shared with all residents and visitors; V. a plan to address disruptive behavior in the facility and on the property that infringes on the safety of the occupants of the facility, or the safety of the members of the religious organization or the organization's employees or volunteers, and a description of the consequences for engaging in disruptive behavior; VI. a plan to address behavior that is inconsistent with the facility's code of conduct and Port Townsend Municipal Code; VII. a plan for coordination and communication between the religious organization and law enforcement agencies to encourage the timely sharing of information; VIII. implementation of registered sex offender background checks and compliance with applicable registration and notification requirements, to the extent permitted by RCW 35A.21.360(4); IX. a plan for managing onsite security concerns; X. the provision of a phone number and point of contact at the site of the proposed safe parking facility for the community to report concerns; XI. a plan for addressing reported concerns and documenting resolution, and making this information publicly available, with appropriate measures to protect the privacy of those involved; and XII. identification of performance metrics that will be used to track compliance with the safety and security plan. c. "Good Neighbor" Policy that sets out a plan for continuous engagement through the life of the facility with the community and a process for addressing grievances of facility residents, concerned neighbors, and residents of the broader community, and which will: I. Be developed through documented outreach to the adjacent property owners and neighboring residents; II. include a designated point of contact and contact information for the residents and neighbors; and III. be presented to the City Council in a public session that includes the opportunity for public comment. d. Transportation plan, addressing transit proximity, vehicle circulation, and pedestrian and bicycle ingress and egress to the facility. e. Any other policies necessary for the health, safety, and welfare of facility residents, staff, neighbors, and the broader community, consistent with state law. Standards for All Continuum of Care Facilities. 1. No continuum of care facilitv shall be permitted within the citv unless it meets all approval criteria listed in PTMC 17.62.050.A, operational requirements for emergency housing and overnight shelters, and PTMC 17.84.050, conditional use permit approval criteria. E. Siting criteria. Siting criteria for emergency housing and shelter facilities, unless exempt under state law: 1. All proposed structures for emergency indoor housing, emergency indoor day - use shelters, and emergency indoor overnight shelters shall be located in accordance with the setback requirements for the underlying zoning, as set forth in PTMC Table 17.16.030, Table 17.18.030, Table 17.20.030, Table 17.22.030, Table 17.24.030, Table 17.31.50, or Table 17.31.80; 2. all proposed structures for tiny shelter villages, emergency outdoor shelters, and safe parking facilities shall be located a minimum setback of 15 feet from the Property line of abutting properties. Applicants may request setback reductions if the property boundary is marked with a fence that is at least 6 feet tall and in compliance with Chapter 17.68 PTMC. The PCD director may also grant setback reductions if changes in elevation, intervening buildings, or other physical characteristics of the site provide adequate separation between the facilitv and adjoining uses; 3. all facilities shall be located within one-half mile walking distance to public transit, with the exception of facilities hosted by a religious organization on real Property it owns or controls, or disaster relief shelters. If the proposed site is not within the stated proximity, the applicant may meet this requirement by providing a plan demonstrating how the applicant will provide access to public services to occupants of the proposed facility; 4. sites within a critical area or its buffer shall be subject to Chapter 19.05 PTMC; 5. emergency housing and shelter facilities shall comply with all applicable development standards of Titles 16 and 17 PTMC; 6. emergency housing and shelter facilities shall not be sited in a manner which displaces on -site parking on the host property necessary for another on -site principal use, unless sufficient required off -site parking remains available for the host's principal use, or unless a shared parking agreement is executed with adjacent properties; 7. emergency housing and shelter facilities shall contain exterior lighting that is directed downward so that glare is contained within the premises; 8. emergency housing and shelter facilities shall be sized in accordance with site conditions and other factors; provided, however, that the building official shall determine the maximum number of persons who may reside at a facility. 17.62.060 Time limitations. A. Frequency and duration of facility use. 1. Emergency housing and shelter facilities maybe approved without a specified end date and may continue to operate so long as, in the judgement of the PCD director, the facility: a. is in substantial conformance with the proiect as approved; b. complies with all conditions of approval; c. passes all health and safety inspections; d. has not changed the site significantly; e. is not experiencing changed circumstances associated with the use; and f. has passed annual inspections by the fire code official per International Fire Code Section 104, including all temporary structures, tents. RVs, tiny shelters, and common use structures. g. Shelters and facilities that do not meet the criteria described above in subsections a. through f. of this section may apply for a Type III variance reviewed by the hearine examiner as provided in PTMC 20.01.040. If the facility is closed or the use is discontinued for one year, the site shall be vacated and restored to its pre-facilitv condition unless the site is redesigned for other use as agreed upon by the PCD director. 2. Additional duration requirements for tiny shelter villages. Tiny shelter village facilities may be approved without a specified end date and may continue to operate so long as, in the judgement of the PCD director as supported by annual inspections, the following criteria are met: a. The individual tiny shelters proposed for siting within a village were manufactured not more than five years prior to the date of physical placement at the site, as evidenced by the permanent label required by PTMC 16.06.100; or b. Tiny shelters that are in excess of five years of age must pass inspection by the Fire Code and Building Official prior to placement within a site, or relocation to another site, or before they may continue to be used or occupied at their original site, as determined using the date of manufacture. The Building Official shall determine and provide, in writine. conditions for retirement of the tinv shelter or allowances for continued use; c. Tiny shelter villages that do not meet all of the above requirements may apply for a Type III variance reviewed by the hearing examiner as provided in PTMC 20.01.040. If the tiny shelter village is closed or the use is discontinued for a year, the site shall be vacated and restored to its pre -facility condition unless the site is redesigned for other use as agreed upon by the PCD director. 17.62.070 Modification. The aoolicant and/or the Citv may initiate a modification to an approved emergencv housing or shelter permit. A modification will be processed as a Type II land use decision pursuant to Chapter 20.01 PTMC, Land Development Administrative Procedures. Through the modification procedure, the City shall review requested modifications and may delete, modify or impose additional conditions upon finding that the use for which the approval was granted has been intensified, changed or modified by the property owner or by person(s) who control the Property without approval so as to significantly impact surrounding land uses. 17.62.080 Assurance device. A. Liabilitv Insurance. Except for religious organizations. the applicant shall procure and maintain in full force, through the duration of the life of the facility, comprehensive general liability insurance with a minimum coverage of one million dollars ($1,000,000) per occurrence/aggregate for personal iniury and property damage. 17.62.090 Permit suspension or revocation. If a sponsor and/or managing agencv fails to comply with the regulations of Titles 15 or 16 PTMC, or Chapter 17.62 PTMC, or the conditions of approval, the PCD director or their designee shall work with the applicant to achieve voluntary compliance. If voluntary compliance cannot be achieved, the director may close the shelter until the sponsor and/or managing agency comes into compliance with this code and the conditions of approval. The city may suspend or revoke an approved emergency housing or shelter permit pursuant to Chapter 1.20 PTMC only upon finding that: A. The use for which the approval was granted has been abandoned for a period of at least one year; or B. Approval of the permit was obtained by misrepresentation of material fact; or C. The permit is being exercised contrary to the terms of approval; or D. The PCD director or their desienee worked with the aDDlicant to reach volunta compliance, and voluntary compliance cannot be achieved. Exhibit A.N (unchanged from 04/01/2024) Chapter17.60 TEMPORARY USES Sections: 17.60.010 Purpose. 17.60.020 Permit required. 17.60.030 Application process. 17.60.040 Exemptions. 17 60 04r, A.Ahnimum ct2ndaFdr 17.60.050 Approval criteria. 17.60.055 Event and temporary use permits — Chief of police authority. 17.60.060 Time limitation. 17.60.070 Limitation on activity. 17.60.080 Required conditions. 17.60.090 Abatement. 17.60.100 Assurance device. 17.60.010 Purpose. To provide an administrative approval process whereby the city may permit uses to locate within the city on an interim basis without requiring full compliance with the development standards for the applicable zoning district, or by which the city may allow seasonal or transient uses not otherwise permitted. Under this chapter, the city may impose conditions on a temporary use permit to protect the public health, safety and welfare. r rs-4ARt yiith 17.60.020 Permit required. A. Applicability. No temporary use shall be permitted within the city except in accordance with the provisions of this chapter. A temporary use permit is required for temporary uses except those specifically exempted pursuant to PTMC 17.60.040. The PCD director shall have authority to grant, grant with conditions, or deny an application; provided, that the director shall have no authority to modify the limits established in PTMC 17.60.070. B. Who May Apply. i T..w...e FaF y Tent C....-.w....w...nts The spensg..I.. F... -. t.........ca Fy a to P fflit aR nt ., ..cty E) ed .. ..trell...d h., the spenseF as rd.efined in this titte ��..All Gther T,,... peFaFy Use Permit. The property owner or the owner's agent may apply for a temporary use permit on private property. Any person may apply for a temporary use permit within a public right-of-way. 17.60.030 Application process. A. Applications. The application for a temporary use permit shall be submitted on forms obtained from the PCD Director of the planning and community development department. The application shall be acknowledged by the property owner. B. Procedure. The PCD Director shall verify that the application is consistent with the requirements of this chapter, and that the application contains proof of a city business license, if applicable. C. Approval Process. All etheF temporary uses shall be processed as Type I permits, in accordance with the administrative approval procedures of Chapter 20.01 PTMC and enforced in accordance with the procedures detailed in Chapter 1.20 PTMC. 17.60.040 Exemptions. The following activities are exempt from the permit requirements of this chapter, but shall otherwise comply with the substantive requirements of this chapter, unless specifically noted otherwise: A. Contractors' offices, model homes, on- and off -site contractors' construction yards and other temporary structures in conjunction with an approved development application. Such uses shall be subject to the time limitation set forth in PTMC 17.60.060, but may be renewed immediately upon expiration at the discretion of the PCD Director of the planning and community development department; B. Garage and yard sales; and C. City -sponsored uses and activities not occurring within a structure, and occurring at regular periodic intervals (i.e., weekly, monthly, yearly, etc.). 17.60.050 Approval criteria. The PCD Director of the planning and community development department may approve, or modify and approve, an application for a temporary use permit if all of the following criteria are satisfied: A. The temporary use will not be materially detrimental to the public health, safety or welfare, nor injurious to property or improvements in the immediate vicinity. Te this end, tefflpeFaFy tent eneampments shall eemply with the minimum standaFels set feFth in PT -MG B. The temporary use is compatible with the purpose and intent of this title, and the specific zoning district in which it will be located; C. The temporary use is compatible in intensity and appearance with existing land uses in the immediate vicinity; D. Structures proposed for the temporary use comply with the setback and clear vision area requirements of this title, and with applicable provisions of the building and fire codes; E. Adequate parking is available to serve the temporary use, and, if applicable, the temporary use does not occupy required off-street parking facilities for adjacent or nearby uses; F. Hours of operation of the temporary use are specified; G. The temporary use will not cause noise, light, or glare which adversely impacts surrounding land uses; and H. If applicable, the applicant has obtained approval of a street use agreement pursuant to Chapter 12.10 PTMC. 17.60.055 Event and temporary use permits — Chief of police authority. In issuing any event permit or temporary use permits for use of the right-of-way or any public space, the chief of police (or designee), in consultation with the planning and community development director and the public works director, is authorized to establish conditions and restrictions for the event to ensure public safety, including conditions that restrict others' use of the area set aside for the event or use. For example: A. The chief could grant a permit holder the right to use portions of streets or sidewalks (subject to conditions to maintain public access and ensure safety). For example, a permit to a festival could allow the festival the authority to use certain sidewalks for event purposes (such as tables and booths) in the discretion of the permit holder, so long as minimum access standards set by the chief were maintained for safety of the public. B. Chief could grant a permit for exclusive use of the sidewalk as part of an event. For example, a permit for an event at a building that also included outside activities could also include use of a defined area around the building (with conditions to ensure safety). 17.60.060 Time limitation. A temporary use is valid for up to 180 calendar days from the effective date of the permit; however, the PCD Director of the planning and community development department may establish a shorter time frame. The director may grant one extension not to exceed 60 days, upon the applicant showing compliance with all conditions of permit approval. 17.60.070 Limitation on activity. ,_A property owner or other holder of a temporary use permit may not file an application for a successive temporary use permit for 60 days following the expiration of an approved permit applying to that property. 17.60.080 Required conditions. The director of the planning and community development department shall establish, as a condition of each temporary use permit: A. A time within which the use and all physical evidence of the use must be removed. B. If the applicant has not removed the use as required by the temporary use permit, the city may abate the use as provided in PTMC 17.60.090. C. Applicant shall obtain a city business license, if applicable. 17.60.090 Abatement. Prior to the approval of a temporary use permit, the applicant shall submit to the director of the planning and community development department an irrevocable, signed and notarized statement granting the city permission to summarily enter the applicant's property with reasonable notice and abate the temporary use, and all physical evidence of that use if it has not been removed as required by the terms of the permit. The statement shall also indicate that the applicant will reimburse the city for any expenses incurred in abating a temporary use under the authority of this chapter. 17.60.100 Assurance device. In appropriate circumstances, the director of the planning and community development department may require a reasonable performance of maintenance assurance device, in a form acceptable to the city attorney, to assure compliance with the provisions of this title and the temporary use permit as approved. Exhibit A.O 20.01.040 Project permit application framework. These tables provide guidance to permit applications. In the event of a conflict between the table and a development code, the development code shall apply. Table 1— Permits/Decisions Type 11 Type I -A Type II Type III Type IV Type V Permitted uses Binding site Short Tiny house Final plats' Site -specific not requiring plans, subdivisions, communities, rezoneS2 notice of cottage unit lot preliminary full consistent with application housing subdivisions subdivisions; unit the Port (e.g., building development less than one lot subdivisions Townsend permits, etc.) s acres of one acre or Comprehensive greater, plat Plan, including Tiny house as vacations, rezones/alternat ADU including short ive parcel- Employer- subdivisions that specific zones provided involve right -of- considered in housing CUP way vacations or conjunction with plat alterations the annual comprehensive plan amendment process Lot line Implementin Lot line Recognition/ Final Development adjustments g alternative adjustments subdivision of 10 planned regulations parcel- resulting in or more lots of unit specific lot record developme zoning reorientation nts (PUDs)3 redesignatio ns in P zones Minor Historic Plat and Shoreline Zoning text amendments to preservation short plat management amendments planned unit certificates of extensions permits (major and zoning map developments approval shoreline amendments (PUDs) (design substantial review) development permits, conditional use permits, variances) Minor Commercial, Revisions to PUDs and major Annexations modifications to multifamily, shoreline amendments to approved and mixed management PUDs preliminary use Type IA permits short and full permits per Commercial, subdivisions/ Chapter multifamily, plats 17.46 PTMC cottage and mixed use Type II permits per Chapter 17.46 PTMC Nonconforming Recognition/ Nonconformi Major variances Shoreline — Change of use certification ng use — master program of9orfewer Relocation/ (SMP) lots of record Expansion amendments Sign permits Shoreline Critical areas Major CUPS Other land use exemptions permits and utility plans and amendments Temporary uses Minor variances Street use Minor permits conditional use permits (CUPS) Land clearing/ Tree removal All personal All personal grading activity wireless wireless service combined facility facility permits with permits and and major statement of minor variances intent not to variances described as convert described as Type III permit commercial Type II applications in forest lands, permit Chapter 17.78 Chapter applications PTMC 19.06 PTMC, in Chapter Article II 17.78 PTMC Home Tree removal Tree removal Emergency occupations activity activity indoor housing facilities, requiring a classified as a written tree emergency exemption, conservation indoor day use, emergency Chapter permit 19.06 PTMC, approval, indoor overnight shelters, and tiny Tree Chapter shelter villages in Conservation 19.06 PTMC, the M/C, M-I, M- Article II Article II II(A), M-II(B), and M-III zones. Minor critical Minor Minor area permits modifications shoreline to approved permits tree (minor conservation shoreline permits or substantial tree development conservation permits, plans, minor Chapter conditional 19.06 PTMC, use permits, Tree minor Conservation variances) Street development permits Disaster relief shelters Flood development permits Standalone safe parking facilities Flood development variances Emergencv indoor shelters in residential and mixed use zones. C- II, C-II. C-II(S), and M/C(S) Emergency Indoor Shelter in all residential zones, mixed use zones, C- II, C-III, C- II S and M CS zones. Emergency Outdoor Shelter in R- II. R-IV, C- (MU), C- II MU C- II S and M CS zones. Tiny Shelter Villages in all residential and mixed Emergency indoor housing in C-II(H), M/C, M-I, M-II(A), MAW), and M-III. Emergencv indoor shelters in C-II(H), M/C, M-I, M-II(A), M-II(B), and M-III. Emergencv outdoor shelters in R-I, R-II, C-II, and C-III. Tiny Shelter Villages in M/C, M-I, M-II(A), M- II B M-III. Continuum of Care in all residential and mixed use zones, C-II, C-III, M/C, M-1, M-ll(A), M II(B), M-III, C-II(S), and M/C(S) zones. owned or II. C-III. C- operated by II S and a religious M C S ' Assignment of a project to Type I, I -A, or II status shall not limit or restrict the public notice and procedures available pursuant to Chapter 43.21C RCW (SEPA) and Chapter 19.04 PTMC if a project is deemed to be subject to SEPA review. z Pursuant to regulatory reform (RCW 36.70B.060), site -specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan processed as a Type V application with a notice of application and provided only one open record hearing before the planning commission and one closed hearing before the city council. Certain legislative decisions, including site -specific rezones, are subject to rules governing quasi-judicial proceedings. ' Final plats and final PUD plans are approved by the city council pursuant to PTMC 18.16.150 and 17.32.150. Table 2 — Action Type Procedure Project Permit Applications (Type I — IV) Legislative Type I Type I -A Type II Type III Type IV Type V Notice of No° No° Yes Yes No N/A application: Recommendation N/A N/A N/A PCD director/ N/A Planning made by: Shoreline commission, administrator except far 5 utility plans' Final decision Admin PCD PCD director/ Hearing City City council made by: director Shoreline examiner council administrator' Open record No Only if Only if Yes, before No Yes, before public hearing: director's director's hearing planning decision decision is examiner commission is appealed' to make appealed recommendat (by ion to city applicant council, only exceptfor unless utility plans, the and before develop city council ment for code and code comprehensiv provides e plan revisions',' for an appealf Administrative Yes, Yes, open Yes, open No N/A N/A appeal: open record record before record before the hearing before the examiner the hearing hearin examiner g exami ner Judicial appeal: Yes Yes Yes' Yes' Yes Yes; provided, that all administrativ e appeal remedies have been exhausted, including appeals to the Shoreline Hearings Board, Growth Management Hearings Board, etc. Footnote 1: Type V land use plans are subject to review and recommendation by the planning commission. However, the following utility plans may be reviewed or considered by the planning commission only upon referral by the city council to the planning commission of all or part of the plans: wastewater (sewer) plans, stormwater plans, water system plans, and solid waste plans. The city council shall conduct review and hold one or more open record public hearing(s) on all such plans. At the time of consideration by the full city council, the applicable council committee, as directed by council, may make a recommendation to the city council regarding utility plans. Footnote 2: The planning commission shall not hold public hearings regarding the utility plans described herein, unless the city council refers all or part of the plans to the planning commission. The city council shall hold one or more open record public hearing(s) on all such plans. Footnote 3: Pursuant to regulatory reform (RCW 36.70B.060), site -specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, are processed as a Type V application with a notice of application and provided only one open record hearing before the planning commission and one closed record hearing before the city council. Certain legislative decisions, including site -specific rezones, are subject to rules governing quasi-judicial proceedings. Footnote 4: A notice of application shall not be required for Type I project permits that are categorically exempt from SEPA, unless a public comment period or an open record predecision hearing is required (See PTMC 20.01.150(A)). Footnote 5: After the decisionmaker has made a final decision on a shoreline conditional use or shoreline variance, the decision shall be forwarded to the Department of Ecology for its approval, approval with conditions, or denial. For appeals of shoreline permits, see Section 10.15 of the City of Port Townsend Shoreline Master Program. Footnote 6: See PTMC 17.30.130 for appeals of certificates of approval. Summary of Decision -making Type I —Administrative without notice; no administrative appeal Type I -A — Administrative without notice; administrative appeal by the applicant only (unless the development code provides for an appeal); appealable to the hearing examiner. Type II —Administrative with notice, administrative appeal by any aggrieved party to the hearing examiner. Type III — Hearing examiner review. Notice and open record public hearing before the hearing examiner. Hearing examiner makes the final decision; appeal to superior court. Type IV — Decision by city council during regular council meeting. Type V — Except for utility plans as described in this section, notice and public hearing before planning commission, with planning commission recommendation to city council. City council also provides notice and public hearing before making final legislative decision. Exhibit CA Section 17.08.020 A through D. "Communal structure" means a facility for the purposes of cooking, sanitation, and bathing, intended for shared or common use, that is associated with a permitted facility and is designed appropriately for the duration of facilitv use. in accordance with Chapter 16.06 PTMC. and which meets Jefferson County Department of Health standards. "Continuum of care facility" means a facility providing both indoor and outdoor emergency housing and shelter facilities on a single site. These mixed shelter and emergency housing types may include, but are not limited to, safe parking, tiny shelters, emergency indoor day -use shelters, emergency indoor overnight shelters, permanent supportive housing, and communal structures, all in a single location. Continuum of care facilities must be owned or managed by an organization that primarily provides services for people or families who are currently unhoused or at imminent risk of becoming unhoused. "Disaster relief shelter" means a facility that provides housing for individuals and families in the sudden event of aR �'�QemeFgeRey a natural disaster or an immediately hazardous situation as determined by local, state or federal governments. EFReFgeRGY ShelteFS d tF Gt5 Exhibit C.B Section 17.08.030 E through H. "Emergency indoor housing" means an indoor aeeemmedatienr, facility on a site owned or controlled by a sponsor with services supervised by a managing agency, for individuals or families who are unhoused or at imminent risk of becoming unhoused that is intended to address the basic health, food, clothing and personal hygiene needs of individuals or families. lingeFgeRey hewsung Emergency indoor housing facilities may require occupants to enter into a lease or an occupancy agreement. "Emergency indoor day -use shelter" means an indoor facility on a site owned or controlled by a sponsor with services supervised by a managing agency, that provides temporary shelter not including beds or overnight services for individuals or families who are currently unhoused. Emergencv indoor day -use shelters may not reauire occupants to enter into a lease or an occupancy agreement. Emergency indoor day -use shelter facilities may include warming centers, climate resilience centers, severe weather centers, and temporary on -site hygiene centers which do not provide overnight accommodations. "Emergency indoor overnight shelter" means an indoor facility on a site owned or controlled by a sponsor with services supervised by a managing agency, that provides a temporary shelter, including overnight accommodations, for individuals or families who are currently unhoused. Emergency indoor overnight shelters may not require occupants to enter into a lease or an occupancy agreement. Emergency indoor overnight shelter facilities may offer daytime services in addition to beds and overnight accommodations, such as warming centers, climate resilience centers, severe weather centers, and temporary on -site hygiene centers. "Emergency outdoor shelter" or "EOS" means a facility on a site owned or controlled by a sponsor with services supervised by a managing agency, that provides a temporary shelter for individuals or families who are currently unhoused. Emergency outdoor shelters may include a combination of tents and communal structures (e.g., bathroom/shower/kitchen). Emergency outdoor shelters may not require occupants to enter into a lease or an occupancy agreement. aveMight For facilities supporting temporary habitation in vehicles exclusively, see "Safe parking." mk*ITm;M7 Me-. rrr•n:�,�:�, �r_2TWINMEWSTMn. Exhibit C.0 Section 17.08.050 N through Q. "Permanent supportive housing" means subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on -site or off -site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing with communitv-based health care. treatment. or emalovment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in the Residential Landlord -Tenant Act, chapter 59.18 RCW. Exhibit C.D Section 17.08.060 R through V. "Safe parking" means programs that allow people living in vehicles to park in off-street parking lots. Safe parking in Port Townsend shall be provided by religious organizations as defined by and in accordance with RCW 35A.21.360, or by a nonprofit entity other than a religious organization. Safe parking may also be on a site owned or controlled by a sponsor with services supervised by a managing agency. "Tiny shelter" means a small structure expressly built to shelter people or families who are unhoused. Tiny shelters are typically 200 square feet or smaller, easily constructed, and easily moved between different locations. Tiny shelters must be located in a tiny shelter village or an emergency outdoor shelter managed by a sponsor or managing agency with services. Tiny shelter facilities may include communal structures, including, but not limited to, bathrooms, showers, and kitchens, subject to Washington State Labor and Industries and Washington State Building Code requirements and permitted by the City of Port Townsend as specified in Chapter 17.62 PTMC. Tiny shelter village" means a housing facility for people who are unhoused, which is comprised of purpose-built tiny shelters, as approved by the PCD director, and located on a site permitted by the department of planning and community development. For the purposes of Chapter 16.06 PTMC, tiny shelters are not dwelling units. Tint/ shelter villages must be located tempepapily FesidiRg ;R t R+r „ .,+.h.,r tepRpepar., stpu tup s on a site owned or controlled by a sponsor with services supervised by a managing agency. "Transitional housing facility" means structure(s) that provides housing and supportive services to people or families who are unhoused for up to two years and that has as its primary purpose facilitatin.Q the movement of persons and families who are unhoused into independent livine and permanent housing. Exhibit E (Unchanged from Previous Draft) Exhibit C.E Chapter 16.06 TINY SHELTER BUILDING STANDARDS Sections: 16.06.010 Purpose. 16.06.020 Affixing tiny shelter to ground. 16.06.030 Egress. 16.06.040 Ventilation. 16.06.050 Fire protection devices. 16.06.060 Interior finishes. 16.06.070 Exterior lighting. 16.06.080 Electrical. 16.06.090 Multiple sleeping areas. 16.06.100 Identification of units, labeling. 16.06.010 Purpose. The following construction standards apply to any tiny shelter permitted under PTMC 17.62.040. 16.06.020 Affixing tiny shelter to ground. Tiny shelters shall be affixed to the ground by approved methods to resist overturning under ordinary service conditions. including wind events. 3.6.06.030 Egress. A. Tiny shelters must have at least one door with a minimum clear width opening of 32 inches. B. Tiny shelters must be a minimum of 10 feet from other structures or other tiny shelters. C. Locks or latches on doors and windows that might inhibit an emergency escape from within the unit are prohibited. A single cylinder deadbolt lock or lever -handled door latch is permitted, as long as it does not require the use of a tool or key to lock or unlock it from inside the unit. D. If egress requirements are met by an outswing door, a landing appropriately -sized for the swing of door is required. All tiny shelters shall be provided with a landing a minimum of 36 inches wide. If needed. the landing shall have a rams or steps with a handrail as saecified in the International Building Code or International Residential Code. 3.6.06.040 Ventilation. A. Each tiny shelter shall contain one operable window that allows for user -controlled ventilation. The window must meet egress requirements and be located on a separate wall from the door. B. Alternatively, an outswing door allowing egress from the tiny shelter may be substituted for the operable egress window. 3.6.06.050 Fire protection devices. A. Tiny shelters must contain a combination smoke/carbon monoxide detector with 10-year lithium batteries. B. Tiny shelters shall contain a fire extinguisher with a minimum rating of 1-A:10-B:C. The fire extineuisher may be attached to the tinv shelter's exterior adiacent to the egress door. 3.6.06.060 Interior finishes. Interior finishes must have a Class C (Flame spread index of 76-200, smoke developed index of 0-450) rating or better. 3.6.06.070 Exterior lighting. Tiny shelters shall be provided with an exterior porch light if dusk -to -dawn exterior lighting is not provided on the grounds of the tiny shelter village. The exterior porch light must be hard- wired with outlets. 3.6.06.080 Electrical. A. Concealed wiring shall be performed in accordance with the Washington State Electrical Code and NFPA 70. Electrical work shall be inspected and permitted through the Department of Labor and Industries. B. In -wall mounted, surface -mounted or freestanding heaters must meet national standards such as UL and be provided with an auto -tilt shut-off feature. 16.06.090 Multiple sleeping areas. Any tiny shelter with more than one sleeping area must be built to International Residential Code Appendix Q—Tiny Homes standards, or be affixed with a label from Washington State Labor and Industries. 16.06.100 Identification of units, labeling. A. All tiny shelters must be permanently affixed with an "Emergency Shelter" label on the door frame of each unit. Such label shall bear a legible date of orieinal manufacture. B. There must be clear numbering of all individual units labeled on the exterior of unit. Exhibit CX Table 17.16.020 Residential Zoning Districts — Permitted, Conditional and Prohibited Uses Key to table: P = Permitted outright; P2 = Permitted with a Type II Process; C = Subject to a conditional use permit; X = Prohibited; N/A = Not applicable DISTRICT R-I R- II R- III R- IV APPLICABLE REGULATIONS/NOTES SINGLE-FAMILY RESIDENTIAL USES Rows 2-4 STET Continuum of care facilities C C C C PTMC 17.62.040, Permit review process table; and PTMC 17.62.050 Approval criteria EmeFgeney Disaster relief shelter *-a+ fa,weF adults) P P P P Same as abE)VP. Disaster relief shelters are not subject to bulk, dimensional, and density requirements. This provision recognizes disaster relief agencies' desired use of various facilities located in various zoning districts during a time of declared public emergency. C.ti,.,.-.,.,.,ey 9 9 9 -P This 5, +he IRed- Cres5'5, d-e5,ireal .,f shel+eFS P-5t_ahl h e d bV the a• f-. a. Igtier, la,a•ate d ir. the r si deed-, dir+riets z g GlYFiRg @ ti.M.t-2 4 hl'r Emergency indoor housing P2 P2 P2 P2 PTMC 17.62.040, Permit review process table; and PTMC 17.62.050 Approval criteria Emergency indoor day -use shelter P2 P2 P P PTMC 17.62.040, Permit review process table; and PTMC 17.62.050 Approval criteria Emergency indoor overnight shelter P2 P2 P2 P2 PTMC 17.62.040, Permit review process table; and PTMC 17.62.050 Approval criteria Emergency outdoor C C P2 P2 PTMC 17.62.040, Permit review process table; and PTMC shelter 17.62.050 Approval criteria Rows 8-14 STET Safe parking P2* P2* P2* P2* See PTMC 17.62.040, Permit review process table; PTMC 17.62.050, Approval criteria; and PTMC 17.62.050.c, Standards for standalone safe parking. *Standalone safe parking facilities that are owned and/or operated by a religious organization shall be reviewed under a Type I -A process instead. Tiny shelter villages �L2 �L2 �L2 �L2 PTMC 17.62.040, Permit review process table; and PTMC 17.62.050 Approval criteria MULTIFAMILY RESIDENTIAL USES Rows 19-31 STET Permanent supportive housing P P* P P Ch. 17.36 PTMC, Multifamily Residential Development Standards; and PTMC 17.16.030, Bulk, dimensional and density requirements. *Regardless of any other code provision, applications for conditional use permits for apartment houses in the R-II zone are minor conditional uses and processed as Type II permits per Ch. 20.01 PTMC. Transitional housing P P* P P Ch. 17.36 PTMC, Multifamily Residential Development Standards; and PTMC 17.16.030, Bulk, dimensional and density requirements. *Regardless of any other code provision, applications for conditional use permits for apartment houses in the R-II zone are minor conditional uses and processed as Type II permits per Ch. 20.01 PTMC. Exhibit C.G Table 17.18.020 Mixed Use Zoning Districts — Permitted, Conditional and Prohibited Uses Key to table: P = Permitted outright; P2 = Permitted with a Type II process; C = Subject to a conditional use permit; X = Prohibited; N/A = Not applicable DISTRICT (MU) I(MU) APPLICABLE REGULATIONS/NOTES RESIDENTIAL USES (Mixed with other permitted nonresidential uses) Rows 1-2 STET Boarding houses (six 4y w or P P Same as above. fewer roomers) and lodging and rooming houses (seven 4ve or more roomers) Continuum of care facilities C C PTMC 17.18.030, Bulk, dimensional and density requirements; Ch. 17.36 PTMC, Multifamily Residential Development Standards; and Ch. 17.62 PTMC. Row 4 STET Disaster relief shelter P P Disaster relief shelters are not subject to bulk, dimensional, and density requirements. This provision recognizes disaster relief agencies' desired use of various facilities located in various zoning districts during a time of declared public emergency. Emergency indoor housing P2 P2 PTMC 17.18.030, Bulk, dimensional and density requirements; Ch.17.36 PTMC, Multifamily Residential Development Standards; and PTMC Ch. 17.62.040 Permit review process Table and 17.62.050 Approval criteria Emergency indoor day -use P P PTMC 17.18.030, Bulk, dimensional and density requirements; Ch. 17.36 PTMC, Multifamily shelter Residential Development Standards; PTMC Ch. 17.62.040 Permit review process Table and 17.62.050 Approval criteria Emergency indoor overnight P2 P2 PTMC 17.18.030, Bulk, dimensional and density shelter requirements; Ch. 17.36 PTMC, Multifamily Residential Development Standards; PTMC Ch. 17.62.040 Permit review process Table and 17.62.050 Approval criteria Emergency outdoor shelter P2 P2 PTMC 17.18.030, Bulk, dimensional and density requirements; Ch. 17.36 PTMC, Multifamily Residential Development Standards; PTMC Ch. 17.62.040 Permit review process Table and 17.62.050 Approval criteria Rows 6-9 STET Safe parking P2* P2* See PTMC 17.62.040, Permit review process table; PTMC 17.62.050, Approval criteria; and PTMC 17.62.050.c, Standards for standalone safe parking. *Standalone safe parking facilities that are owned and/or operated by a religious organization shall be reviewed under a Type I -A process instead. Tiny shelter villages P2 P2 PTMC 17.18.030, Bulk, dimensional and density requirements; Ch. 17.36 PTMC, Multifamily Residential Development Standards; and PTMC Ch. 17.62.040 Permit review process Table and 17.62.050 Approval criteria Row 10 STET Permanent supportive housing P P PTMC 17.18.030, Bulk, dimensional and density requirements; and Ch. 17.36 PTMC, Multifamily Residential Development Standards. Transitional housing facilities P P PTMC 17.18.030, Bulk, dimensional and density requirements; and Ch. 17.36 PTMC, Multifamily Residential Development Standards. Rows 12-78 STET Exhibit C.H Table 17.20.020 Commercial Zoning Districts — Permitted, Conditional and Prohibited Uses Key to table: P = Permitted outright; P2 = Permitted with a Type II process; C = Subject to a conditional use permit; H = Subject to conditional use requirements for historic structures; X = Prohibited; N/A = Not applicable DISTRICT C-1 C-11 C-II(H) C-III I APPLICABLE REGULATIONS/NOTES Rows 1-46 STET RESIDENTIAL USES Rows 48-50 STET Continuum of care facilities X C X C PTMC 17.20.030, Bulk, dimensional and density requirements; and PTMC 17.62.050, Approval criteria. Disaster relief shelters P P P P Disaster relief shelters are not subject to bulk, dimensional, and density requirements. This provision recognizes disaster relief agencies' desired use of various facilities located in the various zoning districts during a time of declared public emergency. Emergency indoor housing X P2 C P2 PTMC 17.20.030, Bulk, dimensional and density requirements; and PTMC 17.62.050, Approval criteria. Emergency indoor day -use X P C P PTMC 17.62.050, Approval criteria. shelter Emergency indoor overnight shelter X P2 C P2 PTMC 17.62.050, Approval criteria. Emergency outdoor shelter X C X C PTMC 17.62.050, Approval criteria. Homeless shekeFS X 46 46 G PTMG 17.20.030, Bulk, dimensional Rows 52-56 STET Permanent supportive housin X P P P PTMC 17.20.030, Bulk, dimensional and density requirements. Multifamily housing requires design review. Safe parking X P2* X P2* See PTMC 17.62.040, Permit review process table; PTMC 17.62.050, Approval criteria; and PTMC 17.62.050.c, Standards for standalone safe parking. *Standalone safe parking facilities that are owned and/or operated by a religious organization shall be reviewed under a Type I -A process instead. Tiny shelter villages X P X P PTMC 17.20.030, Bulk, dimensional and density requirements; and PTMC 17.62.050, Approval criteria. The PCD director may authorize a waiver of the basic permit fee. Transitional housing X P X P PTMC 17.20.030, Bulk, dimensional and density requirements. Multifamily housing requires design review. Rows 55-145 STET Exhibit C.I (unchanged from previous draft) Table 17.22.020 Marine -Related and Manufacturing Districts — Permitted, Conditional and Prohibited Uses Key to table: P = Permitted outright; P2 = Permitted with a Type II process; M = Permitted if marine related; C = Subject to a conditional use permit; X = Prohibited; N/A = Not applicable DISTRICT M/C M- I M- II(A) M- II(B) M- III APPLICABLE REGULATIONS/NOTES Rows 1-55 STET RESIDENTIAL USES Continuum of care facilities C C C C C Disaster relief shelter P P P P P Disaster relief shelters are not subject to bulk, dimensional, and density requirements. This provision recognizes disaster relief agencies' desired use of various facilities located in the various zoning districts during a time of declared public emergency. Emergency indoor housing C C C C C PTMC 17.62.050, Approval criteria. Emergency indoor shelter C C C C C PTMC 17.62.050, Approval criteria. Emergency outdoor shelter X X X X X Row 57 STET Safe parking X X X X X Tiny shelter villages C C C C C PTMC 17.62.050, Approval criteria. Rows 58-87 STET Exhibit C.J (unchanged from previous draft) Table 17.24.020 Public, Park and Open Space Zoning Districts — Permitted, Conditional and Prohibited Uses Key to table: P = Permitted outright; P2 = Permitted with a Type II process; C = Subject to a conditional use permit; X = Prohibited; N/A = Not applicable DISTRICT I P/OS P/OS(B) I P-I I APPLICABLE REGULATIONS/NOTES Rows 1-32 STET OTHER USES Rows 34-36 STET C.v t .,�.. _...__..._. o_.._, Disaster P Q P P C ffleFgene., shel+.,rs - n + .,V, Iuse all relief shelters e)Eeept P PiQS FGA `" State PaF-k ed pt GFH-„r at FE)Ft R d CE)Rf.,FeREe r',,RteF ..heFe they shall be -a `fie _ _ rr.;++_d use all E_ __. Disaster relief shelters are not subject to bulk, dimensional, and density requirements. This provision aekn ,. ledges the °^�'�T recognizes disaster relief agencies' desired use of various facilities a+ F„r+ M.I„r,I„P located in the various zoning districts during a time of declared public emergency. Rows 38-49 STET Exhibit C.K Table 17.31.030 Commercial Zoning District — Permitted, Conditional and Prohibited Uses Key to table: P = Permitted outright; P2 = Permitted with a Type II process; C = Subject to a conditional use permit; X = Prohibited; N/A = Not applicable Use Type �- Specific Use Standards I Residential Rows 2-12 STET Continuum of Care C Refer to PTMC 17.62.050, Approval criteria. Facility Disaster Relief P Disaster relief shelters are not subject to bulk, dimensional, and density Shelter requirements. This provision recognizes disaster relief agencies' desired use of various facilities located in the various zoning districts during a time of declared public emergency. Emergency Indoor P2 Refer to PTMC 17.62.050, Approval criteria. DaV-Use Shelter EmergencV Indoor P2 Refer to PTMC 17.62.050, Approval criteria. Overnight Shelter Emergency Indoor P2 Refer to PTMC 17.62.050, Approval criteria. Housing Facility Emergency P2 Refer to PTMC 17.62.050, Approval criteria. Outdoor Shelter Safe Parking P2* See PTMC 17.62.040, Permit review process Table; PTMC 17.62.050, Approval criteria; and PTMC 17.62.050.C, Standards for Standalone Safe Parking. *Standalone safe parking facilities that are owned and/or operated by a religious organization shall be reviewed under a Type I -A process instead. Tiny Shelter Village P2 Refer to Ch. 17.62 PTMC. Nursing Homes P Tiny House on C Chapter 17.58 PTMC Wheels Communities Rows 17-96 STET Exhibit C.L Table 17.31.070 Manufacturing District — Permitted, Conditional and Prohibited Uses Key to table: P = Permitted outright; P2 = Permitted with a Type II process; C = Subject to a conditional use permit; X = Prohibited; N/A - Not applicable Use Type M/C Specific Use Standards Residential Rows 2-11 STET Continuum of C Refer to PTMC 17.62.050, Approval criteria. Care Facility Disaster Relief P Disaster relief shelters are not subject to bulk, dimensional, and density Shelter requirements. This provision recognizes disaster relief agencies' desired use of various facilities located in the various zoning districts during a time of declared public emergency. Emergency P Refer to PTMC 17.62.050, Approval criteria. Indoor Day -Use Shelter Emergency P2 Refer to PTMC 17.62.050, Approval criteria. Indoor Overnight Shelter Emergency P2 Same as above. Indoor Housing Emergency P2 Same as above. Outdoor Shelter Permanent P Refer to PTMC 17.31.150, Bulk, dimensional and lot standards by building Supportive type, for regulations pertaining to applicable residential building types. Housing Safe Parking P2* See PTMC 17.62.040, Permit review process table; PTMC 17.62.050, Approval criteria; and PTMC 17.62.050.c, Standards for standalone safe parking. *Standalone safe parking facilities that are owned and/or operated by a religious organization shall be reviewed under a Type I -A process instead. Tiny Shelter P2 - Refer to PTMC 17.62.050, Approval criteria. Vi Imo_ Transitional P Refer to PTMC 17.31.150, Bulk, dimensional and lot standards by building Housin type, for regulations pertaining to applicable residential building types. ROWS 13-71 STET Exhibit C.M Chapter 17.62 SHELTER AND EMERGENCY HOUSING PERFORMANCE STANDARDS Sections: 17.62.010 Purpose. 17.62.020 Scope. 17.62.030 Application and submittal contents. 17.62.040 Permit review process Table. 17.62.050 Approval criteria. 17.62.060 Time limitations. 17.62.070 Modification. 17.62.080 Assurance device. 17.62.090 Permit suspension or revocation. 17.62.010 Purpose. The purpose of this chapter is to allow, and to establish a review process for the siting and use of, shelters and emergency housing facilities for individuals and families who are unhoused or at imminent risk of becoming unhoused within Port Townsend. This includes continuum of care facilities, disaster relief shelters, emergency indoor day -use shelters, emergency indoor overnight shelters, emergency indoor housing facilities, emergency outdoor shelters, safe parking, and tiny shelter villages. These regulations are intended to protect public health and safety by requiring the safe operation of shelters and housing facilities, benefiting residents and the broader community. 17.62.020 Scope. A. Applicability. Shelters and emergency housing facilities are permitted pursuant to the provisions of this section based on the underlying zoning and local, state, and federal law. B. Religious Organizations. In accordance with RCW 35A.21.360, religious organizations may host homeless people on property owned or controlled by the religious organization. If applicable pursuant to RCW 35A.21.360(5), religious organizations shall utilize the homeless client management information system established in RCW 43.185C.180. C. Permitted Zones and Permit Review Types. Applications for shelter facilities shall be processed as described in PTMC 17.62.040, according to the procedures for a Type I, Type I -A, Type II, or Type III land use decision established in Chapter 20.01 PTMC, Land Development Administrative Procedures. 17.62.030 Application and submittal contents. The property owner and managing agency (collectively "the applicant") shall sign and submit all of the following: A. Application provided by the department of planning and community development for one of the following permit types as described by PTMC 17.62.040: 1. Type I Disaster Relief Shelter; 2. Type I -A Safe Parking Hosted by a Religious Organization; 3. Type 11 Safe Parking Hosted by a Nonreligious Nonprofit; 4. Type 11 Emergency Housing or Shelter Facility as described in 17.62.040; or 5. Type III Emergency Housing or Shelter Facility as described in 17.62.040 and all continuum of care facilities. B. A site plan of the property, drawn to scale, showing existing natural features and critical areas, existing and proposed utility improvements, existing rights -of -way and improvements, the parking proposed on the property, as well as off -site parking, and existing and proposed structures or other improvements. For protects proposing new construction or clearinE and L-radine. the site Dlan shall also include existine and proposed grades, stormwater and erosion control, landscaping, and perimeter screening for the proposed facility; C. A vicinity map, showing the location of the site in relation to nearby streets and properties; D. A written summary of the proposal, responding to the applicable standards and requirements of PTMC 17.62.050 and PTMC 20.01.100, E. Address and parcel number of the subject property; F. Photographs of the site; G. A list of other permits that are or may be required for development of the property by the county or by another government agency with jurisdiction over the development; H. Applicable permit fees; I. A list of any development standards under Title 17 PTMC that the applicant seeks to modify; J. A statement of qualifications of the applicant meeting the requirements of PTMC 17.62.050. B.1; K. The applicant's draft policies and plans as described by PTMC 17.62.050.13.3 and PTMC 17.62.050. B.4; L. Proiect statistics, including proposed site area, building coverage, number and location of tents and temporary structures, expected and maximum number of residents, and duration of the facility. M. Documentation that the applicant has informed the Consolidated Homeless Grant (CHG) lead agency of their intent to develop. The documentation shall include whether or not Homeless Management Information System participation will be required and that any data requested by the CHG lead agency has been provided, such as a description of services provided and the number of housing units or shelter beds intended to be developed. 17.62.040 Permit review process Table. The following table describes the permitting process each allowed use shall follow, unless exempted by state law. Permit Review Process Zone Disaster Relief Shelter Type I Permit Review Process. Disaster relief shelter applications shall be All Zones reviewed under a Type I permit and are allowed in all zones. Applications for disaster relief shelters shall be processed according to the procedures for Type I land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. Safe Parking Type I -A Permit Review Process. Applications for standalone safe parking R-1 facilities owned or operated by religious organizations shall be reviewed R-11 under a Type I -A permit and be processed according to the procedures for R-III Type I -A land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. R-IV C-I MU C-11 MU C-11 C-III C-II S M CS Type II Permit Review Process. Applications for standalone safe parking R-I facilities owned or operated by a nonprofit entity other than a religious R-11 organization that are not religiously affiliated shall be reviewed under a R-III Type II permit and be processed according to the procedures for Type II R-IV land use decisions established in Chapter 20.01 PTMC, Land Development C-I MU Administrative Procedures. C-11 MU C-11 C-III C-II S M CS Emergency Indoor Housing Type II Permit Review Process. Applications for emergency indoor housing R-1 in the specified zones shall be reviewed under a Type II permit and processed according to the procedures for Type II land use decisions established in Chapter 20.01 PTMC, Land Development Administrative R-11 R-III R-IV Procedures. C-I MU C-11 MU C-11 C-III C-II S M CS Type III Malor Conditional Use Permit Review Process. Applications for C-II H emergency indoor housing in the specified zones shall be reviewed under a M C Type -III Maior Conditional Use process. Applications for these uses shall be M-1 processed according to the procedures for Type III land use decisions established in Chapter 20.01 PTMC, Land Development Administrative M-II A Procedures. M-II B M-III Emergency Indoor Day -Use Shelters Type I Permit Review Process. Applications for emergency indoor day -use R-III shelters in the specified zones shall be reviewed under a Type I permit and R-IV be processed according to the procedures for Type I land use decisions C-I MU established in Chapter 20.01 PTMC, Land Development Administrative C-II NOU Procedures. C-II C-III C-II S M CS Type II Permit Review Process. Applications for emergency indoor day -use R-1 shelters in the specified zones shall be reviewed under a Type II permit and R-II be processed according to the procedures for Type II land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. Type III Malor Conditional Use Permit Review Process. Applications for C-II H emergency indoor day -use shelters in the specified zones shall be reviewed M C under a Type -III Maior Conditional Use process. Applications for these uses M-1 shall be processed according to the procedures for Type III land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. M-II A M-II B M-III Emergency Indoor Overnight Shelters Type II Permit Review Process. Applications for emergency indoor overnight shelters in the specified zones shall be reviewed under a Type II R-1 R-II and be processed according to the procedures for Type II land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. R-III R-IV C-I MU C-II Nlull C-11 C-III C-II S M CS Type III Major Conditional Use Permit Review Process. Applications for C-II H emergency indoor overnight shelters in the specified zones shall be reviewed under a Type -III Maior Conditional Use process. Applications for M C M-1 these uses shall be processed according to the procedures for Type III land M-11 A use decisions established in Chapter 20.01 PTMC, Land Development M-II B Administrative Procedures. M-III Emergency Outdoor Shelters Type II Permit Review Process. Applications for emergency outdoor shelters in the specified zones shall be reviewed under a Type II and be R-III R-IV processed according to the procedures for Type II land use decisions established in Chapter 20.01 PTMC, Land Development Administrative C-1 MU C-11 NOU Procedures. C-II LS M CS Type III Major Conditional Use Permit Review Process. Applications for R-1 emergency outdoor shelters in the specified zones shall be reviewed under R-11 a Type -III Major Conditional Use process. Applications for these uses shall C-11 be processed according to the procedures for Type III land use decisions C-III established in Chapter 20.01 PTMC, Land Development Administrative Procedures. Tiny Shelter Villages Type II Permit Review Process. Applications for tiny shelter villages in the R-1 specified zones shall be reviewed under a Type II and be processed according to the procedures for Type II land use decisions established in R-II R-III Chapter 20.01 PTMC, Land Development Administrative Procedures. R-IV C-I MU C-II Nlull C-11 C-III C-II S M CS Type III Major Conditional Use Permit Review Process. Applications for tiny M C shelter villages in the specified zones shall be reviewed under a Type -III M-1 Major Conditional Use process. Applications for these uses shall be processed according to the procedures for Type III land use decisions M-11 A M -II B established in Chapter 20.01 PTMC, Land Development Administrative M-III Procedures. Continuum of Care Type III Major Conditional Use Permit Review Process. Applications for R-1 continuum of care facilities shall be reviewed under a Type -III Major Conditional Use process. Applications for emergency indoor day -use shelters, emergency indoor overnight shelters, emergency indoor housing, R-11 R-III R-IV emergency outdoor shelters, and tiny shelter villages shall also be C-1 MU reviewed as a Type III Maior Conditional Use if the proposed facility is C-II Li located in the M/C, M-I, M-II(A), M-II(B), or M-III zones. Applications for C-II these uses shall be processed according to the procedures for Type III land C-III use decisions established in Chapter 20.01 PTMC, Land Development M C Administrative Procedures. M-1 C US— M CS 17.62.050 Approval criteria. A. The following operational requirements apply to all emergency housing and shelters offerine overnieht services or beds. unless exempt under state law. 1. No children under the age of 18 are allowed to stay overnight in a shelter unless accomaanied by a parent or leeal euardian. If a child under the aize of 18 without a parent or legal guardian present attempts to stay at the shelter, the managing agency shall immediately contact the Department of Social and Health Services, Child Protective Services, for placement in an alternative shelter. 2. The managing agency shall ensure compliance with all state and local public health regulations during operation of the shelter. As a condition of approval of the shelter, the managing agency shall allow reasonable access and permit inspections by state and local agencies and/or departments to ensure such compliance and shall implement all directives resulting therefrom within the specified time period. The managing agency must document ongoing compliance with Dublic health reauirements. including but not limited to the followinia: a. potable water, which must be available at all times at the site; b. portable or permanent toilets, which shall be set back from all property lines as determined by the PCD director and serviced as often as necessary to ensure sanitary conditions; c. hand -washing stations by all toilets and food preparation areas; d. food handling and storage facilities meeting all public health requirements (including those in Chapter 246-215 WAC), including but not limited to proper temperature control for food storaize and an educational program for shelter residents; and e. refuse receptacles capable of providing capacity to keep the facility clean, without excess garbage accumulating outside of receptacles. f. At continuum of care facilities and tiny shelter villages, the on -site services described above in subsections a. through e. shall be limited to the residents only and not available for drop in use by non-residents. 3. The managing agency shall immediately contact the Port Townsend Police Department's Office if any individual is rejected or elected from the facility under any of the following circumstances: a. there is an active warrant on the individual: b. there is a match on a sex offender check: or c. in the iudgment of the on -duty point of contact or on -duty security staff, the person rejected or elected presents a potential threat to the community; 4. If not already required by state or federal funding provisions, the managing agency shall cooperate and collaborate with other providers of shelters and services for people who are unhoused within Port Townsend and Jefferson County, particularly with respect to provision of services and availability of 1S1071I rdaks 5. Emergency locator address. After permit approval, the managing agency shall apply to the department for an emergency locator address for purposes of emergency response. The facility address shall also be recognized with the United States Postal Svstem for mail delive 6. Buildings and construction compliance. The managing agency shall ensure that facilities including tiny shelters or other purpose-built structures are at all times in compliance with the requirements of Title 16 PTMC with respect to building and fire code requirements. As a condition of approval, the managing agency shall allow building and fire code officials reasonable access to outdoor and shared spaces for inspection purposes. Table 17.62.050.A.6 Applicable Building and Construction Codes for Emergency Housing and Shelter Facilities Type of Structure Applicable Code Section for Building and Construction Compliance Structures within Continuum of Care Facilities Subject to fire life safety review as provided for in Title 16 PTMC Disaster Relief Shelters Subject to fire life safety review Emergency Indoor Housing Subject to adopted codes per PTMC 16.04.020 Adoption of codes by reference. Emergency Indoor Day- Use Shelter Subject to adopted codes per PTMC 16.04.020 Adoption of codes by reference. Emergency Indoor Overnight Shelter Subject to adopted codes per PTMC 16.04.020 Adoption of codes by reference. Emergency Outdoor Shelter Subiect to fire life safety review Tiny Shelters Subiect to PTMC 16.06 and fire life safety review Communal Structures Subject to PTMC 16.06 and fire life safety within Tiny Shelter review Villages and Emergency Outdoor Shelters Safe Parking Facilities Communal structures and vehicle spacing are subiect to fire life safety review. 7. UDon vacation of a shelter. all temporary structures and debris shall be removed from the host site within one calendar week, unless otherwise permitted by the PCD director. The site shall be restored, as near as possible, to the original condition, as identified in the site photos submitted with the application. Where deemed necessary by the director, the managing agency shall re -plant areas in which vegetation has been removed or destroyed. This requirement may be waived if the director approves the site be redesigned for a different use. B. Standards for all new facilities, excluding standalone safe parking. The following site requirements shall apply to all continuum of care facilities, emergency indoor day -use shelters, emergency indoor overnight shelters, emergency indoor housing facilities, emergency outdoor shelters, and tiny shelter villages, unless exempt under state law. Each approved standard shall be included as a condition of approval. 1. Managing Agency Qualifications. Any organization that applies for a permit for a shelter, emergency housing facility, or safe parking as part of a continuum of care facility shall include sufficient information in its application materials to demonstrate, to the director's reasonable satisfaction, that the organization possesses two or more of the following qualifications, either directly, or indirectly through one or more of the orRanization's directors. officers. or managers with direct supervision over the proposed facility: a. Experience providine similar services to unhoused individuals: b. A certification, or comparable academic credentials, in an applicable human service field: c. Applicable work or volunteer experience in a related program with unhoused DODulations: d. Lived experience with similar services. Should the organization not meet at least two of the above qualifications, the PCD director may require additional prescriptive measures to ensure that the facilitv is operated in conformance with local. state. and federal requirements, and to minimize risk to both facility residents and neighbors. 2. Capacity. Each shelter will be limited in its service capacity to the number of DeoDle that the site can accommodate, as determined by the building official pursuant to applicable building and fire codes. 3. Policies and Plans for EmerRencv Indoor Dav-Use Shelter. No indoor ememenc day -use shelter shall be permitted without approved standard operating procedure plans that address the following: a. Operations Plan addressing: I. Site management; 11. provision of human and social services; III. roles and responsibilities of key staff; IV. policies for entry to site by residents and visitors; and V. policies for denial of services in accordance with PTMC 17.62.050.B.3.b.11 and 17.62.050.B.3.d.X11. b. Safety and Security Plan that incorporates feedback from local law enforcement services, and describes measures that the site manager will employ to promote the safety of facility occupants and surrounding residents and businesses, including, but not limited to: I. Evacuation or shelter in place procedures in the event of an emergency, such as a fire, active shooter, natural disaster or other emergency; II. criteria for reiection or removal of an individual seeking access to the facility; III. a plan to address disruptive behavior in the facility and on the Property that infringes on the safety of occupants or employees of the use, and a description of the consequences for engaging in disruptive behavior; IV. a plan to address behavior that is inconsistent with the facility's code of conduct and Port Townsend Municipal code; and c. "Good Neighbor" Policy that sets out a plan for informing neighboring properties of facility hours, services, and the facility's designated point of contact. d. Proposed Code of Conduct. A "code of conduct" is an agreement on rules of behavior between facility visitors and the managing agency. The code of conduct is intended to protect the health, safety and welfare of the visitors and employees of the shelter facility, and surrounding residents and businesses. Facilities shall address violations of the code of conduct per the visitors' rights and grievances procedures. The code of conduct must include, at a minimum, provisions committing visitors to the following: I. maintaining appropriate public health standards on the site by preventing the accumulation of garbage and other health hazards or nuisances; 11. respecting state law restrictions on smoking and agreeing to use designated smoking areas where provided; rohibitinR threateniniz. illeeal. and unsafe behavior. per local. state and federal law; IV. respecting all rules required by the managing agency as a condition of entry to the site; V. resident rights statement and grievance procedures, including the right to a copy of the code of conduct and a copy of dispute resolution rules for each resident; and e. Any other policies necessary for the health, safety, and welfare of facility residents, staff, neighbors, and the broader community. 4. Policies and Plans for Emergency Indoor Housing and Emergency Indoor Overnieht Shelters. No indoor emereencv housine or indoor overnieht shelter shall be permitted without approved standard operating procedure plans that address the followine: a. Operations Plan addressing: I. Site management; II. site maintenance; III. provision of human and social services: IV. roles and responsibilities of key staff; V. policies for entry to site by residents and visitors; and VI. policies for denial of services in accordance with PTMC 17.62.050.B.3.b.11 and 17.62.050.6.3.d.n. b. Safety and Security Plan that incorporates feedback from local law enforcement services, and describes measures that the site manager will employ to promote the safety of facility occupants and surrounding residents and businesses, including, but not limited to: I. Evacuation or shelter in place procedures in the event of an emereencv, such as a fire, active shooter. natural disaster or other emergency; II. criteria for reiection or removal of an individual seeking access to the facility; III. a plan to address disruptive behavior in the facility and on the Property that infringes on the safety of occupants or employees of the use, and a description of the consequences for engaging in disruptive behavior; IV. a plan for managing unpermitted access to the facility and property: V. a plan to address behavior that is inconsistent with the facility's code of conduct and Port Townsend Municipal code; and VI. a plan for coordination and communication between the managing agency and law enforcement agencies to ensure timely information sharing between agencies. c. "Good Neighbor" Policy that sets out a plan for engagement through the life of the facility with the community and a process for addressing grievances of facility residents, concerned neighbors, and residents of the broader community, and which will: I. Be developed through documented outreach to the adiacent neighbors; and II. include a designated point of contact and their contact information available for the residents and neighbors. d. Proposed Code of Conduct. The proposed code of conduct shall be further developed and adopted by the residents of the facility. Updates to the code of conduct shall be reported to the City during annual inspections or more frequently if indicated by neighborhood engagement. A "code of conduct" is an agreement on rules of behavior between facility occupants and the managing agency. The code of conduct is intended to protect the health. safetv and welfare of the residents and employees of the shelter facility, and surrounding residents and businesses. The code of conduct must include, at a minimum, provisions committing occupants to the following: I. respecting the rights of property owners to restrict access to areas of their property that are not open to the public or to facility residents; II. maintaining appropriate public health standards on the site by preventing the accumulation of aarbaae and other health hazards or nuisances; III. respecting state law restrictions on smoking and agreeing to use designated smoking areas where provided; IV. maintaining reasonable noise levels in compliance with the public disturbance noise prohibitions; V. prohibiting threatening, illegal, and unsafe behavior, per local, state and federal law; VI. storing all items the managing organization deems as weapons in a safe location; VII. prohibiting any of the following fire hazards in any tent or tiny structure: open flames including candles, incense, fuel gas appliances or other equipment, convection or toaster ovens, or hot plates; a. microwaves are allowable; however, cooking activities, outside the use of a microwave, must only be allowed in an officially designated cooking area; VIII. storing materials or objects outside in such a manner to prevent creating a public nuisance or fire risk; IX. how to appropriately care for dogs and other pets on site, if pets are allowed, to prevent animal control nuisances, including disposing of animal waste and preventing noise complaints: X. respecting all rules required by the managing agency as a condition of entry to the site; XI. complying with terms of any "good neighbor" policy provisions that apply to occupants of the tiny shelter village; XII. resident rights statement and grievance procedures, including the right to a copy of the code of conduct and a copy of dispute resolution rules for each resident; and XIII. a visitors policy detailing when the facility is open to residents' guests, what areas of the facility are available for visitors, check -in procedures for visitors, and steps taken to ensure all visitors comply with the code of conduct. e. Anv other policies necessary for the health. safetv. and welfare of facilitv residents, staff, neighbors, and the broader community. 5. Policies and Plans for Outdoor Emergency Housing and Shelters, Excluding Standalone Safe Parking. No outdoor emergency housing or shelter shall be permitted without the approved standard operating procedures listed in PTMC 17.62.050.13.3 and the following additional procedures: a. Operations Plan I. a statement of actions that the applicant will take to obtain verifiable identification from all facilitv residents. for the Durpose of obtaining sex offender and warrant checks from appropriate agencies; b. Safety and Security Plan, which incorporates the requirements of PTMC 17.62.050.B.3.b and: the manaL-inR aRencv shall take reasonable and legally Dermissible steps to obtain verifiable identification information from current and prospective residents, including full name and date of birth, and initiate background checks with the appropriate agencies. The managing agency shall keep a current log of names and dates of all people who stay overnight in the facility. This log shall be available upon request to law enforcement agencies and prospective residents shall be so advised by the managing agency; II. perimeter fencing or screening to limit access to the site for safety and security reasons, without obstructing sight at the street, street intersections, or curbs. Screening material may include fencine. landscapine or other site -specific methods approved by the PCD director; imDlementation of reeistered sex offender background checks and compliance with applicable registration and notification requirements; IV. a plan for managing onsite security; V. the provision of a live-in, on -site manager representing the managing agency; VI. the provision of a phone number and point of contact at the site of the proposed shelter for the community to report concerns; VII. a plan for addressing reported concerns and documenting resolution, and making this information publicly available with appropriate measures to protect the privacy of those involved; and Vill. identification of performance metrics that will be used to track compliance with the safety and security plan. c. Transportation plan, addressiniz transit proximity. vehicle circulation. and pedestrian and bicycle ingress and egress to the facility. C. Standards for Standalone Safe Parking. No standalone safe parking facility shall be permitted within the city except in accordance with the following provisions, unless exempt under state law. 1. Organizer Qualifications. Any religious organization or nonprofit entity other than a religious organization that applies for a oermit to oaerate a safe oarkin facility shall include sufficient information in its application materials to demonstrate, to the director's reasonable satisfaction, that the organization possesses two or more of the following qualifications, either directly, or indirectly through one or more of the organization's directors, officers, or managers with direct supervision over the proposed facility: a. Experience providing similar services to unhoused individuals; b. A certification, or comparable academic credentials, in an applicable human service field: c. Applicable work or volunteer experience in a related program with unhoused populations; d. Lived experience with similar services. Should the religious organization or nonprofit entity other than a religious organization not meet at least two of the above qualifications, the PCD director may require additional prescriptive measures to ensure that the facility is operated in conformance with local, state, and federal requirements, and to minimize risk to both facility residents and neighbors. 2. Capacity. Each standalone safe parking facility will be limited in its service caaacity to the number of DeoDle that the site can accommodate. as determined by the PCD director pursuant to applicable building and fire codes. It is recommended that the organization also maintain the minimum recommended number of available parking spaces for any existing uses on the property, in accordance with PTMC 17.72.080. 3. Policies and Plans for Standalone Safe Parking. No standalone safe parking facility shall be permitted without approved standard operating procedure plans that address the following: a. Operations Plan addressing: I. Site management; 11. site maintenance; III. provision of human and social services; IV. roles and responsibilities of kev staff: V. policies for entry to site by residents and visitors; and VI. Dolicies for denial of services in accordance with 17.62.050.C.3.b.111 and 17.62.050.C.3.b.IV. b. Safety and Securitv Plan. which incorporates feedback from local law enforcement services, and describes measures that the site manager will employ to promote the safety of facility occupants and surrounding residents and businesses, including, but not limited to, all of the following: I. Perimeter fencing or screening to limit access to the site for safety and security reasons, without obstructing sight at the street, street intersections, or curbs. Screening material may include fencing, landscaping or other site -specific methods approved by the PCD director; 11. evacuation or shelter in place procedures in the event of an emergency, such as a fire, active shooter, natural disaster or other emergency; III. criteria for resection or removal of an individual seeking access to the facility; IV. how the criteria for resection or removal shall be shared with all residents and visitors; V. a plan to address disruptive behavior in the facility and on the Property that infringes on the safety of the occupants of the facility, or the safety of the members of the religious organization or the organization's employees or volunteers, and a description of the consequences for engaging in disruptive behavior; VI. a plan to address behavior that is inconsistent with the facility's code of conduct and Port Townsend Municipal Code; VII. a plan for coordination and communication between the religious organization and law enforcement agencies to encourage the timely sharing of information; VIII. implementation of registered sex offender background checks and compliance with applicable registration and notification requirements, to the extent permitted by RCW 35A.21.360(4); IX. a plan for managing onsite security concerns; X. the provision of a phone number and point of contact at the site of the proposed safe parking facility for the community to report concerns; XI. a plan for addressing reported concerns and documenting resolution, and making this information publicly available, with appropriate measures to protect the privacy of those involved; and XII. identification of Derformance metrics that will be used to track compliance with the safety and security plan. c. "Good Neiehbor" Policv that sets out a Dlan for continuous eneaeement through the life of the facility with the community and a process for addressing erievances of facilitv residents. concerned neiehbors. and residents of the broader community, and which will: I. Be develoDed throueh documented outreach to the adjacent property owners and neighboring residents; II. include a designated point of contact and contact information for the residents and neighbors; and III. be presented to the City Council in a public session that includes the opportunity for public comment. d. Transportation plan, addressing transit proximity, vehicle circulation, and pedestrian and bicycle ingress and egress to the facility. e. Any other policies necessary for the health, safety, and welfare of facility residents, staff, neighbors, and the broader community, consistent with ctatP IAAA/ D. Standards for All Continuum of Care Facilities. 1. No continuum of care facilitv shall be Dermitted within the citv unless it meets all approval criteria listed in PTMC 17.62.050.A, operational requirements for emergency housing and overnight shelters, and PTMC 17.84.050, conditional use permit approval criteria. E. Siting criteria. Siting criteria for emergency housing and shelter facilities, unless exempt under state law: 1. All proposed structures for emergency indoor housing, emergency indoor day - use shelters, and emergency indoor overnight shelters shall be located in accordance with the setback requirements for the underlying zoning, as set forth in PTMC Table 17.16.030, Table 17.18.030, Table 17.20.030, Table 17.22.030, Table 17.24.030, Table 17.31.50, or Table 17.31.80; 2. all proposed structures for tiny shelter villages, emergency outdoor shelters, and safe parking facilities shall be located a minimum setback of 15 feet from the Property line of abutting properties. Applicants may request setback reductions if the property boundary is marked with a fence that is at least 6 feet tall and in compliance with Chapter 17.68 PTMC. The PCD director may also grant setback reductions if changes in elevation, intervening buildings, or other physical characteristics of the site provide adequate separation between the facility and adioining uses; 3. all facilities shall be located within one-half mile walking distance to public transit, with the exception of facilities hosted by a religious organization on real property it owns or controls, or disaster relief shelters. If the proposed site is not within the stated proximity, the applicant may meet this requirement by providing a plan demonstrating how the applicant will provide access to public services to occupants of the proposed facility; 4. sites within a critical area or its buffer shall be subiect to Chapter 19.05 PTMC; 5. emergency housing and shelter facilities shall comply with all applicable develoament standards of Titles 16 and 17 PTMC: 6. emergency housing and shelter facilities shall not be sited in a manner which displaces on -site parking on the host property necessary for another on -site principal use, unless sufficient required off -site parking remains available for the host's principal use, or unless a shared parking agreement is executed with adjacent properties; 7. emergency housing and shelter facilities shall contain exterior lighting that is directed downward so that glare is contained within the premises; 8. emergency housing and shelter facilities shall be sized in accordance with site conditions and other factors; provided, however, that the building official shall determine the maximum number of bersons who may reside at a facilitv. 17.62.060 Time limitations. A. Frequency and duration of facility use. 1. Emergency housing and shelter facilities maybe approved without a specified end date and may continue to operate so long as, in the iudgement of the PCD director, the facility: a. is in substantial conformance with the project as approved; b. complies with all conditions of approval; c. passes all health and safety inspections; d. has not changed the site significantly; e. is not experiencing changed circumstances associated with the use; and f. has passed annual inspections by the fire code official per International Fire Code Section 104, including all temporary structures, tents, RVs, tiny shelters, and common use structures. g. Shelters and facilities that do not meet the criteria described above in subsections a. through f. of this section may apply for a Type III variance reviewed by the hearing examiner as provided in PTMC 20.01.040. If the facility is closed or the use is discontinued for one year, the site shall be vacated and restored to its pre -facility condition unless the site is redesigned for other use as agreed upon by the PCD director. 2. Additional duration requirements for tiny shelter villages. Tiny shelter village facilities may be approved without a specified end date and may continue to operate so long as, in the judgement of the PCD director as supported by annual inspections, the following criteria are met: a. The individual tiny shelters proposed for siting within a village were manufactured not more than five years prior to the date of physical lacement at the site. as evidenced by the permanent label reauired PTMC 16.06.100; or b. Tiny shelters that are in excess of five years of age must pass inspection by the Fire Code and Building Official prior to placement within a site, or relocation to another site. or before thev may continue to be used or occupied at their original site, as determined using the date of manufacture. The Building Official shall determine and provide, in writing, conditions for retirement of the tiny shelter or allowances for continued use; c. Tiny shelter villages that do not meet all of the above requirements may apply for a Type III variance reviewed by the hearing examiner as provided in PTMC 20.01.040. If the tiny shelter village is closed or the use is discontinued for a year, the site shall be vacated and restored to its pre-facilitv condition unless the site is redesigned for other use as agreed upon by the PCD director. 17.62.070 Modification. The applicant and/or the City may initiate a modification to an approved emergency housing or shelter permit. A modification will be processed as a Type II land use decision pursuant to Chapter 20.01 PTMC, Land Development Administrative Procedures. Through the modification procedure, the City shall review requested modifications and may delete, modify or impose additional conditions upon finding that the use for which the approval was granted has been intensified, changed or modified by the property owner or by person(s) who control the property without approval so as to significantly impact surrounding land uses. 17.62.080 Assurance device. A. Liability Insurance. Except for religious organizations, the applicant shall procure and maintain in full force, through the duration of the life of the facility, comprehensive general liability insurance with a minimum coverage of one million dollars ($1,000,000 per occurrence aggregate for personal injury and property damage. 17.62.090 Permit suspension or revocation. If a sponsor and/or managing agency fails to comply with the regulations of Titles 15 or 16 PTMC, or Chapter 17.62 PTMC, or the conditions of approval, the PCD director or their designee shall work with the applicant to achieve voluntary compliance. If voluntary compliance cannot be achieved, the director may close the shelter until the sponsor and/or managing agency comes into compliance with this code and the conditions of approval. The city may suspend or revoke an approved emergency housing or shelter permit pursuant to Chapter 1.20 PTMC only upon finding that: A. The use for which the approval was granted has been abandoned for a period of at least one year: or B. Approval of the permit was obtained by misrepresentation of material fact: or C. The permit is being exercised contrary to the terms of approval; or D. The PCD director or their designee worked with the applicant to reach voluntary compliance, and voluntary compliance cannot be achieved. Exhibit C.N (unchanged from previous draft) Chapter 17.60 TEMPORARY USES Sections: 17.60.010 Purpose. 17.60.020 Permit required. 17.60.030 Application process. 17.60.040 Exemptions. 17svv cn 947 svT�nvepa'TtiiFPSr 17.60.050 Approval criteria. 17.60.055 Event and temporary use permits — Chief of police authority. 17.60.060 Time limitation. 17.60.070 Limitation on activity. 17.60.080 Required conditions. 17.60.090 Abatement. 17.60.100 Assurance device. 17.60.010 Purpose. To provide an administrative approval process whereby the city may permit uses to locate within the city on an interim basis without requiring full compliance with the development standards for the applicable zoning district, or by which the city may allow seasonal or transient uses not otherwise permitted. Under this chapter, the city may impose conditions on a temporary use permit to protect the public health, safety and welfare. r„Insis+„l+ vVith oGkni 17.60.020 Permit required. A. Applicability. No temporary use shall be permitted within the city except in accordance with the provisions of this chapter. A temporary use permit is required for temporary uses except those specifically exempted pursuant to PTMC 17.60.040. The PCD director shall have authority to grant, grant with conditions, or deny an application; provided, that the director shall have no authority to modify the limits established in PTMC 17.60.070. B. Who May Apply. 1. T-eFnpeFaFy-Tent EnEampments. The s ply fer d fir,pd 4A this toile -2L.—ll Gth„r T.,w,Y,eFaF y Use Permits The property owner or the owner's agent may apply for a temporary use permit on private property. Any person may apply for a temporary use permit within a public right-of-way. 17.60.030 Application process. A. Applications. The application for a temporary use permit shall be submitted on forms obtained from the PCD Director of the planning and community development department. The application shall be acknowledged by the property owner. B. Procedure. The PCD Director shall verify that the application is consistent with the requirements of this chapter, and that the application contains proof of a city business license, if applicable. C. Approval Process. -- -- - ----- -- --------- - -- - - - -- -- -- All atheF temporary uses shall be processed as Type I permits, in accordance with the administrative approval procedures of Chapter 20.01 PTMC and enforced in accordance with the procedures detailed in Chapter 1.20 PTMC. 17.60.040 Exemptions. The following activities are exempt from the permit requirements of this chapter, but shall otherwise comply with the substantive requirements of this chapter, unless specifically noted otherwise: A. Contractors' offices, model homes, on- and off -site contractors' construction yards and other temporary structures in conjunction with an approved development application. Such uses shall be subject to the time limitation set forth in PTMC 17.60.060, but may be renewed immediately upon expiration at the discretion of the PCD Director of the planning and community development department; B. Garage and yard sales; and C. City -sponsored uses and activities not occurring within a structure, and occurring at regular periodic intervals (i.e., weekly, monthly, yearly, etc.). ------------------- se;,d- i tieA s� chi th-Atfep Y' d Pet Reedled. IR aRy Ea semis -he I. Ski " t t# *i f t#cRQer' et�eks,he zm-rrTee � ei e�uireli�elir�-i�r ,yn=rs�e rye-'�c-�� , + ; NOW +r- Ate,+ fee the ,-;reef Y'S Ad- al 3. LifflrteR BpeR fgFeS e^v,Refire Fneeting the FegWiFemeRtS O�frthe'Pz ,�. 17.60.050 Approval criteria. The PCD Director of the planning and community development department may approve, or modify and approve, an application for a temporary use permit if all of the following criteria are satisfied: A. The temporary use will not be materially detrimental to the public health, safety or welfare, nor injurious to property or improvements in the immediate vicinity. TO this Rd t FRPGFaFy B. The temporary use is compatible with the purpose and intent of this title, and the specific zoning district in which it will be located; C. The temporary use is compatible in intensity and appearance with existing land uses in the immediate vicinity; D. Structures proposed for the temporary use comply with the setback and clear vision area requirements of this title, and with applicable provisions of the building and fire codes; E. Adequate parking is available to serve the temporary use, and, if applicable, the temporary use does not occupy required off-street parking facilities for adjacent or nearby uses; F. Hours of operation of the temporary use are specified; G. The temporary use will not cause noise, light, or glare which adversely impacts surrounding land uses; and H. If applicable, the applicant has obtained approval of a street use agreement pursuant to Chapter 12.10 PTMC. 17.60.055 Event and temporary use permits — Chief of police authority. In issuing any event permit or temporary use permits for use of the right-of-way or any public space, the chief of police (or designee), in consultation with the planning and community development director and the public works director, is authorized to establish conditions and restrictions for the event to ensure public safety, including conditions that restrict others' use of the area set aside for the event or use. For example: A. The chief could grant a permit holder the right to use portions of streets or sidewalks (subject to conditions to maintain public access and ensure safety). For example, a permit to a festival could allow the festival the authority to use certain sidewalks for event purposes (such as tables and booths) in the discretion of the permit holder, so long as minimum access standards set by the chief were maintained for safety of the public. B. Chief could grant a permit for exclusive use of the sidewalk as part of an event. For example, a permit for an event at a building that also included outside activities could also include use of a defined area around the building (with conditions to ensure safety). 17.60.060 Time limitation. A temporary use is valid for up to 180 calendar days from the effective date of the permit; however, the PCD Director of the planning and community development department may establish a shorter time frame. The director may grant one extension not to exceed 60 days, upon the applicant showing compliance with all conditions of permit approval. 17.60.070 Limitation on activity. A: A property owner or other holder of a temporary use permit may not file an application for a successive temporary use permit for 60 days following the expiration of an approved permit applying to that property. 17.60.080 Required conditions. The director of the planning and community development department shall establish, as a condition of each temporary use permit: A. A time within which the use and all physical evidence of the use must be removed. B. If the applicant has not removed the use as required by the temporary use permit, the city may abate the use as provided in PTMC 17.60.090. C. Applicant shall obtain a city business license, if applicable. 17.60.090 Abatement. Prior to the approval of a temporary use permit, the applicant shall submit to the director of the planning and community development department an irrevocable, signed and notarized statement granting the city permission to summarily enter the applicant's property with reasonable notice and abate the temporary use, and all physical evidence of that use if it has not been removed as required by the terms of the permit. The statement shall also indicate that the applicant will reimburse the city for any expenses incurred in abating a temporary use under the authority of this chapter. 17.60.100 Assurance device. In appropriate circumstances, the director of the planning and community development department may require a reasonable performance of maintenance assurance device, in a form acceptable to the city attorney, to assure compliance with the provisions of this title and the temporary use permit as approved. Exhibit C.O 20.01.040 Project permit application framework. These tables provide guidance to permit applications. In the event of a conflict between the table and a development code, the development code shall apply. Table 1— Permits/Decisions Type 11 Type I -A Type II Type III Type IV Type V Permitted uses Binding site Short Tiny house Final plats-3 Site -specific not requiring plans, subdivisions, communities, rezones notice of cottage unit lot preliminary full consistent with application housing subdivisions subdivisions; unit the Port (e.g., building development less than one lot subdivisions Townsend permits, etc.) s acres of one acre or Comprehensive greater, plat Plan, including Tiny house as vacations, rezones/alternat ADU including short ive parcel- Employer- subdivisions that specific zones provided involve right -of- considered in housing CUP way vacations or conjunction with plat alterations the annual comprehensive plan amendment process Lot line Implementin Lot line Recognition/ Final Development adjustments g alternative adjustments subdivision of 10 planned regulations parcel- resulting in or more lots of unit specific lot record developme zoning reorientation nts (PUDs)3 redesignatio ns in P zones Minor Historic Plat and Shoreline Zoning text amendments to preservation short plat management amendments planned unit certificates of extensions permits (major and zoning map developments approval shoreline amendments (PUDs) (design substantial review) development permits, conditional use permits, variances) Minor Commercial, Revisions to PUDs and major Annexations modifications to multifamily, shoreline amendments to approved and mixed management PUDs preliminary use Type IA permits short and full permits per Commercial, subdivisions/ Chapter multifamily, plats 17.46 PTMC cottage and mixed use Type II permits per Chapter 17.46 PTMC Nonconforming Recognition/ Nonconformi — Change of use certification ng use — of 9 or fewer Relocation/ lots of record Expansion Sign permits Shoreline Critical areas exemptions permits Major variances Shoreline master program (SMP) amendments Major CUPs Other land use and utility plans and amendments Temporary uses Minor variances Street use Minor permits conditional use permits (CUPS) Land clearing/ Tree removal All personal All personal grading activity wireless wireless service combined facility facility permits with permits and and major statement of minor variances intent not to variances described as convert described as Type III permit commercial Type II applications in forest lands, permit Chapter 17.78 Chapter applications PTMC 19.06 PTMC, in Chapter Article II 17.78 PTMC Home Tree removal Tree removal Emergency occupations activity activity indoor housing requiring a classified as a facilities, written tree emergency exemption, conservation indoor day use, Chapter permit emergency 19.06 PTMC, approval, indoor overnight Tree Chapter shelters, and tiny shelter villages in Conservation 19.06 PTMC, the M/C, M-I, M- Article II Article II II(A), M-II(B), and M-III zones. Minor critical Minor Minor area permits modifications shoreline to approved permits tree (minor conservation shoreline permits or substantial tree development conservation permits, plans, minor Chapter conditional 19.06 PTMC, use permits, Tree minor Conservation variances) Street Flood Flood development development development permits permits variances Emergency indoor shelters in residential and mixed use zones, C- II, C-II. C-II(S), and M/C(S) Emergency Indoor Shelter in all residential zones, mixed use zones, C- II, C-III, C- II S and M CS zones. Emergency Outdoor Shelter in R- II, R-IV, C- I M U C- I I M U C- II S and M CS zones. Tiny Shelter Villages in all Disaster relief shelters Standalone safe parking residential and mixed use zones C- facilities Emergency indoor housiniz in C-II(H), M/C, M-I, M-II(A), M-II(B), and M-III. Emergency indoor shelters in C-II(H), M/C, M-I, M-II(A), M-II(B), and M-III. Emergency outdoor shelters in R-I, R-II, C-II, nnrd (-III Tiny Shelter Villages in M/C, M-I, M-II(A), M- II B M-III. Continuum of Care in all residential and mixed use zones, C-II, C-III, M/C, M-I, M-II(A), M- II(B). M-III. CAN. and M/C(S) zones. owned or II, C-III, C- operated by II S and a religious M C S organization zones. Standalone safe parkin facilities owned or operated by a nonprofit entity other than a religious organization. 1 Assignment of a project to Type I, I -A, or II status shall not limit or restrict the public notice and procedures available pursuant to Chapter 43.21C RCW (SEPA) and Chapter 19.04 PTMC if a project is deemed to be subject to SEPA review. Z Pursuant to regulatory reform (RCW 36.70B.060), site -specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan processed as a Type V application with a notice of application and provided only one open record hearing before the planning commission and one closed hearing before the city council. Certain legislative decisions, including site -specific rezones, are subject to rules governing quasi-judicial proceedings. 3 Final plats and final PUD plans are approved by the city council pursuant to PTMC 18.16.150 and 17.32.150. Table 2 — Action Type Procedure Project Permit Applications (Type I — IV) Legislative Type I Type I -A Type II Type III Type IV Type V Notice of No4 No4 Yes Yes No N/A application: Recommendation N/A N/A N/A PCD director/ N/A Planning made by: Shoreline commission, administrator except for 5 utility plans' Final decision Admin PCD PCD director/ Hearing City City council made by: director Shoreline examiner council administrator' Open record No Only if Only if Yes, before No Yes, before public hearing: director's director's hearing planning decision decision is examiner commission is appealeds to make appealed recommendat (by applicant only unless the develop ment code provides for an appeal)' ion to city council, except for utility plans, and before city council for code and comprehensiv a plan revisionsz,3 Administrative Yes, Yes, open Yes, open No N/A N/A appeal: open record record before record before the hearing before the examiner the hearing hearin examiner g exami ner Judicial appeal: Yes Yes Yes-' Yes-' Yes Yes; provided, that all administrativ e appeal remedies have been exhausted, including appeals to the Shoreline Hearings Board, Growth Management Hearings Board, etc. Footnote 1: Type V land use plans are subject to review and recommendation by the planning commission. However, the following utility plans may be reviewed or considered by the planning commission only upon referral by the city council to the planning commission of all or part of the plans: wastewater (sewer) plans, stormwater plans, water system plans, and solid waste plans. The city council shall conduct review and hold one or more open record public hearing(s) on all such plans. At the time of consideration by the full city council, the applicable council committee, as directed by council, may make a recommendation to the city council regarding utility plans. Footnote 2: The planning commission shall not hold public hearings regarding the utility plans described herein, unless the city council refers all or part of the plans to the planning commission. The city council shall hold one or more open record public hearing(s) on all such plans. Footnote 3: Pursuant to regulatory reform (RCW 36.70B.060), site -specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, are processed as a Type V application with a notice of application and provided only one open record hearing before the planning commission and one closed record hearing before the city council. Certain legislative decisions, including site -specific rezones, are subject to rules governing quasi-judicial proceedings. Footnote 4: A notice of application shall not be required for Type I project permits that are categorically exempt from SEPA, unless a public comment period or an open record predecision hearing is required (See PTMC 20.01.150(A)). Footnote 5: After the decisionmaker has made a final decision on a shoreline conditional use or shoreline variance, the decision shall be forwarded to the Department of Ecology for its approval, approval with conditions, or denial. For appeals of shoreline permits, see Section 10.15 of the City of Port Townsend Shoreline Master Program. Footnote 6: See PTMC 17.30.130 for appeals of certificates of approval. Summary of Decision -making Type I —Administrative without notice; no administrative appeal. Type I -A — Administrative without notice; administrative appeal by the applicant only (unless the development code provides for an appeal); appealable to the hearing examiner. Type II —Administrative with notice, administrative appeal by any aggrieved party to the hearing examiner. Type III — Hearing examiner review. Notice and open record public hearing before the hearing examiner. Hearing examiner makes the final decision; appeal to superior court. Type IV — Decision by city council during regular council meeting. Type V — Except for utility plans as described in this section, notice and public hearing before planning commission, with planning commission recommendation to city council. 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