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HomeMy WebLinkAboutOrdinance 5718 12/06/1993 . ORDINANCE NO. 5718 AN ORDINANCE ADDING SECTIONS 9-1-1 TO 9-1-4, ARTICLE 1, CHAPTER IX TO THE SPRINGFIELD CODE, 1965, PERTAINING TO THE USE OF CHURCHES AS TEMPORARY EMERGENCY SHELTERS FOR THE HOMELESS, AND DECLARING AN EMERGENCY. WHEREAS, the Springfield City Council has found there is a need to provide alternative shelter for the homeless; and WHEREAS, the Springfield City Council has directed staff to prepare an Ordinance to allow churches to be used as temporary emergency shelters for the homeless; and WHEREAS, lawful notice of the public hearing for this request was published; and WHEREAS, the Springfield City Council met in Council Chambers, at 225 Fifth Street, on Monday, the 6th day of December, 1993, at the hour of 7:00 p.m., to hear this request; NOW, THEREFORE, THE CITY COUNCIL DOES ORDAIN: SECTION 1. Section 9-1-1, Article 1, Chapter IX of the Springfield Code allowing churches to be used as temporary emergency shelters for the homeless is hereby added as follows: . "9-1-1 Churches As Temporary Emergency Shelters For The Homeless--General. The standards specified in this Section shall be considered the minimal standards required to establish, maintain, and operate a temporary emergency shelter in a church. The Building Official shall approve the temporary emergency shelter use if the standards specified in this Article have been met." SECTION 2. Section 9-1-2, Article 1, Chapter IX of the Springfield Code allowing churches to be used as temporary emergency shelters for the homeless is hereby added as follows: "9-1-2 Churches As Temporary Emergency Shelters For The Homeless--Definitions. For the purposes of this Article: (1) Church shall be defined as specified in Section 2.020 of the Springfield Development Code and as a building or buildings of at least 3,000 square feet. (2) Temporary shall be defined as the maximum time for a church to be used as an emergency shelter where the homeless may sleep ~ any 15 consecutive day or longer period. (3) Emergency Shelter, as used in this Section, shall not be construed to mean "Emergency Services", under Disaster Preparedness as specified in Section 1-20-1 of this Code." Ordinance 5:Z18 Page l' . .SECTION 3. Section 9-1-3, Article 1, Chapter IX of the Springfield Code allowing churches to be used as temporary emergency shelters for the homeless is hereby added as follows: . "9-1-3 Churches As Temporary Emergency Shelters For The Homeless--Approval Process. A church repres€ntative 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: (1) Whenever practical, housing of the homeless shall occur on the first floor of the church in the meeting or multi~purpose room. (2) The maximum number of families shall be limited to the lesser of the following: (a) The number of persons which would be permitted based on the zoning density. For example, if the church was on one acre of land zoned Low Density Residential, approximately 5 single family homes could be constructed (30 percent of the land is subtracted for streets and other non-residential uses as specified in the Metro Plan). Considering there are approximately 4 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; and (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) Adequate consideration of parking of vehicles: All vehicles owned by the homeless shall be parked in the church parking lot. (6) 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." SECTION 4. Section 9-1-4, Article 1, Chapter IX of the Springfield Code allowing churches to be used as temporary emergency shelters for the homeless is hereby added as follows: "9-1-4 Churches As Temporary Emergency Shelters For The Homeless--Revocation. Where it has been determined that any church is not in compliance with with Sections 9-1-1 to 9-1-3 of this Article by City staff, including, but not limited to police, fire; building safety or code enforcement, the City Manager may revoke the Building Official's approval. The revocation decision may be appealed to the City Council. The City Council may affirm, modify or reverse the revocation." . Ordinance 5718 Page 2 'CTION 5. It is hereby found and declared that matters pertaining to the use of urches as temporary emergency shelters for the homeless are a matter affecting the public health, safety and welfare of the City of Springfield and that this ordinance shall, therefore, take effect immediately upon its passage by the City Council and approval by the Mayor. . Adopted by the Common Council of the City of Springfield this 6th day of December, 1993 by a vote of -1L- for and ~ against. Approved by the Mayor of the City of 1993. 6th day of ATTEST: ~Z~Lrtitz1-'~'L-- L City Recorder r ,.~ /'~:-r:t.~:~:)~'J~~ . ~o~~~~ ~ L~'*-1 [ ,r:..,~. <~_0__.~ \ \CVt~ c.: ,::;~_~ rx C~TV ATTORI\1EY l.I'~'.', :_: L~:~,~~~;-'j8FIELD Ordinance 5718 Page 3 .