HomeMy WebLinkAboutOrdinance 6406 10/21/2019 CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. 6406 (EMERGENCY)
AN ORDINANCE AMENDING SECTIONS 8.000 THROUGH 8.016 OF THE SPRINGFIELD
MUNICIPAL CODE TO EXPAND TEMPORARY EMERGENCY SHELTERS FOR THE HOMELESS
TO INCLUDE BUILDINGS OWNED OR LEASED BY A GOVERNMENTAL ENTITY, ADOPTING A
SEVERABILITY CLAUSE AND DECLARING AN EMERGENCY
WHEREAS, there is a need to expand the locations where temporary emergency shelters are
permitted, particularly for the purpose of providing shelter during periods of cold weather to individuals
experiencing homelessness within the City of Springfield;
WHEREAS, the Common Council of the City of Springfield finds that it is in the best interest of the
residents of Springfield to allow buildings owned or leased by governmental entities to serve as
temporary emergency shelters, upon permission of the governmental entity; and
WHEREAS, the Common Council of the City of Springfield finds that there is an immediate need to
expand the locational options for temporary emergency shelters within the City of Springfield,
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. Sections 8.000 through 8.016 of the Springfield Municipal Code are amended as
provided in Exhibit 1, attached hereto and incorporated by this reference.
Section 2. Savings Clause. Except as specifically amended herein, Chapter 8 of the
Springfield Municipal Code shall continue in full force and effect.
Section 3. Severability Clause. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereof.
Section 4. Effective date of Ordinance. It is hereby found and determined that the matters
relating to the establishment of temporary emergency shelters are matters affecting the public health,
safety, and welfare and that an emergency therefore exists. This Ordinance shall therefore take effect
immediately upon its passage by the Council and approval by the Mayor.
ADOPTED by the Common Council of the City of Springfield this 21 day of October , 2019,
by a vote of 6 for and 0 against.
APPROVED by the Mayor of the City of Springfield this 21 day of i ••- , 2019
Mayor
ATTEST:
REVIEWED&APPROVED
QrderD R AS TO FORM
ei ,: -
ATE: /v-/
OFFICE OF CITY ATTORNEY
Exhibit A, Page 1 of 3
CHURCHES, GOVERNMENT BUILDINGS, AND INDUSTRIAL SITE PROPERTIES AS
TEMPORARY EMERGENCY SHELTERS FOR THE HOMELESS
8.000 General.
The requirements specified in sections 8.000 to 8.016 shall be considered the minimal
requirements to establish, maintain, and operate a temporary emergency shelter at a church,
governmental building, or industrial site property. The development and public works
dircctorDevelopment and Public Works Director, or his or her appointee, shall approve the
temporary emergency shelter use if the applicable requirements specified in sections 8.000 to
8.016 have been met.
8.005 Definitions.
For the purposes of sections 8.000 to 8.016 the following mean:
Church. Defined as specified in section 6.1-100 of the Springfield Development Code
and having as a building or buildings of at least 3,000 square feet for the purposes of indoor
shelter, or having parking setbacks and screening pursuant to the Springfield Development
Code for the purposes of outdoor shelter.
Cold Weather Shelter. An emergency shelter established pursuant to section 8.010 of
this code, which provides shelter for individuals experiencing homelessness during the period
from November 15th to March 31st, on nights when average temperature is forecasted to be
below 30 degrees Fahrenheit or on nights when forecasted conditions otherwise pose a threat
to human health and safety, including but not limited to significant accumulations of snow or
ice.
Emergency Shelter. A temporary emergency shelter established pursuant to section
8.010 or 8.012 of this code. It shall not be construed to mean "emergency services,"as defined
in section 2.804 of this code. "Camper or trailer"shall have the same meaning as"recreational
vehicle"as defined in section 6.1-100 of the Springfield Development Code.
Governmental Building. A building leased or owned by a governmental entity, upon
permission of the governmental entity.
Industrial Site. Property having heavy or light-medium industrial zoning in accordance
with section 3.2-400 of the Springfield Development Code and, a primary use approved in
accordance development review procedures of the Springfield Development Code.
Temporary. For shelters other than cold weather shelters, Aa period of 15 consecutive
days or longer if the provisions of section 8.010(2) are met,—Lor a period not to exceed 90 days
when the provisions of section 8.012 are met.
8.010 Approval Process for Indoor Shelter.
A governmental entity or church representative shall apply to the building official prior
to opening an emergency shelter for the homeless. Prior to authorizing occupancy and annually
thereafter, the building official shall apply the following standards:
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Exhibit A, Page 2 of 3
(1) Whenever practical, housing of the homeless shall occur on the first floor of
the governmental building or on the first floor of the church in the meeting or multi-purpose
room.
(2) For indoor shelters other than cold weather shelters, Tthe maximum number
of families shall be limited to the lesser of the following:
(a) The number of persons that would be permitted based on the zoning density.
For example, if the church was on one acre of land zoned Low Density Residential,
approximately five single-family homes could be constructed (30 percent of the land is
subtracted for streets and other nonresidential uses as specified in the Metro Plan). Considering
there are approximately four persons in a family, a total of 20 persons per acre would be
allowed; or
(b) 100 square feet per person, in the area designated to house the homeless.
(3) A plan shall be submitted to the building official showing how the following
standards of operation will be met:
(a) The area in square feet of the portion of the church proposed to be used to
house the homeless and the number of persons to be housed;
(b) The route persons would use to exit or enter the proposed sleeping area;
(c) The location of smoke/fire detection devices in the proposed sleeping area;
(d) The location and number of sanitation fixtures.
(4) A written explanation concerning how the homeless will be supervised and any
other program activities such as meals, child care, day care, social service referral, etc.
(5) All vehicles owned by the homeless shall be parked in the church parking lot.
(65) The building official shall have the authority to make minor modifications
from these standards where practical, however, such modifications shall not be in conflict with
the health, safety and welfare of the citizens of Springfield.
8.012 Approval Process for Outdoor Overnight Shelter.
(1) Notwithstanding any other provisions of this code, persons may take overnight
shelter in a vehicle, camper or trailer in the parking lot of a church or industrial site on which a
parking lot and occupied structure are located in accordance with current code, with the written
permission of the property owner when the site is part of a supervised program operated by the
city or its agent. The number of overnight shelter vehicles, campers or trailers at any parking
or industrial site shall not exceed a total of three at any one time.
(2) A property owner who permits overnight shelter on a property pursuant to
subsection (1) of this section shall meet the following minimum standards in addition to any city
program's rules and procedures:
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Exhibit A, Page 3 of 3
(a) Vehicles used for shelter shall be located on paved areas meeting building and
property line setbacks in accordance with city codes;
(b) Provide or make available sanitary facilities;
(c) Provide garbage disposal services in accordance with city ordinances;
(d) Provide a storage area for campers to store any personal items so the items
are screened and not visible from any public street;
(e) Not require payment of any fee, rent or other monetary charge for overnight
sleeping authorized by this section.
(3) A property owner who permits overnight shelter pursuant to subsection (1)
may revoke that permission at any time and for any reason. Upon revocation of permission for
overnight shelter the permittee shall leave the property immediately.
(4) Notwithstanding any other provision of this section, the city manager or the
manager's designee may:
(a) Prohibit overnight shelter pursuant to this section on a property if the city finds
that such an activity on that property is incompatible with the use of adjacent properties or
constitutes a nuisance or other threat to the public welfare; or
(b) Revoke permission for a person to use overnight shelter pursuant to this
section if the city finds that the person has violated any applicable law, ordinance, rule,
guideline or agreement, or that the activity is incompatible with the use of the property or
adjacent properties.
(5) Nothing in this section creates any duty on the part of the city or its agents to
ensure the protection of persons or property with regard to permitted overnight shelter.
(6) Nothing in this section creates any requirement, right or responsibility of the
participants to act as security or provide night watchperson's services as defined by ORS
181.870(6) and (8).
8.015 Revocation.
Where it has bccn determined city staff, including but not limited to, police, fire,
building, or code enforcement staff, have determined that any participating property is not in
compliance with the requirements of sections 8.000 through 8.016,by city staff, including, but
not limited to, police, fire, building, er cede enforcement, the city manager may revoke the
director's Director's approval. The revocation decision may be appealed to the city councilCity
Council. The city council may affirm, modify or reverse the revocation.
8.016 Nuisance.
Violation of sections 8.000 through 8.015 of the Springfield Municipal Code shall
constitute a public nuisance which may be abated and/or cited as a civil infraction as provided
in this code.
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ORDINANCE NO. 6406