HomeMy WebLinkAboutOrdinance 6438 05/02/2022CITY OF SPRINGFIELD, OREGON
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ORDINANCE NO. ___________
AN ORDINANCE AMENDING SECTIONS 8.000, 8.005, 8.010 AND 8.012 OF THE
SPRINGFIELD MUNICIPAL CODE TO EXPANDOUTDOORTEMPORARY EMERGENCY
SHELTERS TOINCLUDE SOCIAL AND RELIGIOUS INSTITUTIONS AND ADOPTING A
SEVERABILITY CLAUSE
WHEREAS, there is a need to expand the locations whereoutdoortemporary emergency
shelters are permitted,particularly to allowsuch shelters at locations that are private social or
religious institutions, for the purpose of providing temporary shelter to individuals experiencing
homelessness within the City of Springfield;
WHEREAS,private social or religious institutions include private property being used as a place
of worship, for providing charitableservices to the public by a private non-profit organization, or
as a fraternal or private civic organization, but do not include public institutions such as schools
or community centers; and
WHEREAS,the Common Council of the City of Springfield finds that it is in the best interest of
the residents of Springfield to allowoutdoortemporary emergency shelters at social and
religious institutions consistent with the existing adopted program requirements;
NOW, THEREFORE, THECOMMON COUNCIL OF THE CITY OF SPRINGFIELDORDAINS AS
FOLLOWS:
Section 1. Sections 8.000 through 8.012 of the Springfield Municipal Code are
amended as provided in ExhibitA, attached hereto and incorporated by this reference.
Section 2. Savings Clause.Except as specifically amended herein,Chapter 8 of the
Springfield Municipal Code continues in full force and effect.
Section3. 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.
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ADOPTED by the Common Council of the City of Springfield this____ day ofMay, 2022,
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by a vote of _____ for and ____ against.
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APPROVED by theMayor of the City of Springfield, this _____ day ofMay, 2022.
_______________________
Mayor
ATTEST:
__________________________
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City Recorder
Exhibit A, Page 1 of 3
EXHIBIT A
TEMPORARY EMERGENCY SHELTERS FOR PERSONS EXPERIENCING HOMELESSNESS
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 areligious or social
institution, governmental building, commercial building, or industrial site property. The development 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:
Place of Worship.Aplace for people to gather for religious activity, such as achurch, synagogue,
mosque, chapel, or meeting house,and having a building or buildings at least 3,000 square feet for the
purposes of indoor 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 1st 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.
Commercial Building.A building that is used for commercial purposes. It includes vacant
buildings in which the most recent permanent primary use was commercial.
Emergency Shelter.A temporary emergency shelter established pursuant to section 8.010 or 8.012
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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.
Religious or Social Institution.Private property being used as a place of worship, for providing
charitable services to the public by a private non-profit organization, or as a fraternal or private civic
organization.
Temporary.For shelters other than cold weather shelters, a period of 15 consecutive days 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 representative of a place of worship shall
apply to the department of development and public works prior to opening an emergency shelter for
persons experiencing homelessness. 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 persons experiencing homelessnessshall occur on the
ground floor.
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Exhibit A, Page 2 of 3
(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 place of worshipwas 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 toshelter persons experiencing
homelessness.
(3) A plan shall be submitted to the department of development and public works showing
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 shelter
persons experiencing homelessnessand the number of persons to be sheltered;
(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 persons experiencinghomelessnesswill 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 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 religious or social institutionor 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)
procedures:
(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 sanitaryfacilities;
(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 visiblefrom 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.
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Exhibit A, Page 3 of 3
(4) Notwithstanding any other provision of this section, the
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 a private security provider or provide private securityservices asdefined by ORS 181A.840(7)
and (8).
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