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HomeMy WebLinkAboutOrdinance 6420 10/19/2020 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. ___________ AN ORDINANCE AMENDING SECTIONS 8.000, 8.005, AND 8.010 OF THE SPRINGFIELD MUNICIPAL CODE TO EXPAND TEMPORARY EMERGENCY SHELTERS FOR THE HOMELESS TO INCLUDE COMMERCIAL BUILDINGS AND ADOPTING A SEVERABILITY CLAUSE 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 fire marshal has a role in evaluating the fire and life safety aspects of using an existing building for this purpose; and WHEREAS, the Common Council of the City of Springfield finds that it is in the best interest of the residents of Springfield to allow commercial buildings to serve as temporary emergency shelters, upon permission of the governmental entity; NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: Section 1. Sections 8.000 through 8.010 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. ADOPTED by the Common Council of the City of Springfield this ___ day of October, 2020, by a vote of _____ for and ____ against. APPROVED by the Council President of the City of Springfield, functioning as Mayor in accordance with Section 17 of Springfield Charter, this ______ day of __________, ____. _______________________ Council President ATTEST: __________________________ 10-19-20 City Recorder Ordinance No. 6420 Exhibit A, Page 1 of 2 EXHIBIT A 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, commercialbuilding,or industrial site property. The development and public works director, or his or her appointee, shall approve the temporary emergency shelter useif 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 1stto 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. CommercialBuilding. A building that is used for commercial purposes. It includes vacant buildings in which the most recent permanentprimaryuse was commercial. Emergency Shelter. A temporary emergency shelter established pursuant to section 8.010 or ection 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, a period of 15 consecutivedays or longer if the provisions of section 8.010(2) are met; or 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, commercial building owner,or church representative shall apply to the department of development and public worksprior to opening an emergency shelter for the homeless. Prior to authorizing occupancy and annually thereafter, the fire marshal in consultation with the building official shall apply the following standards: (1)Whenever practical, sheltering of the homeless shall occur on theground floor.. Ordinance No. 6420 Exhibit A, Page 2 of 2 (2)For indoor shelters other than cold weather shelters, the 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 shelterthe homeless. (3)A plan shall be submitted to the department of development and public worksshowing how the following standards of operation will be met: (a)The area in square feet of the portion of the building proposed to be used to shelterthe homeless and the number of persons to be sheltered; (b)The route personswould 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)The fire marshal shall have the authority to make minor modifications from these standards where practical, however, such modifications shallnot be in conflict with the health, safety and welfare of the citizens of Springfield. Ordinance No. 6420