HomeMy WebLinkAboutOrdinance 6244 07/20/2009
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ORDINANCE NO. 6244
(EMERGENCY)
AN ORDINANCE AMENDING SECTIONS 8.00-8.016 OF THE SPRINGFIELD MUNICIPAL
CODE AND DECLARING AN EMERGENCY.
. WHEREAS, the Springfield Common Council recognizes the growing number of
homeless Springfield families created by the current mortgage and economic crisis warrants an
emergency response; and
WHEREAS, the Springfield Common Council has declared its intention to expand
existing programs for temporary emergency shelter on real property on which a church is sited
to allow emergency overnight shelter of Springfield residents at certain churches in the City of
Springfield; and
WHEREAS, the proposed emergency overnight shelter program is in the best interest of
homeless Springfield families, the public health, safety and welfare of all City of Springfield
residents and the plans and programs for the general development of the City.
NOW, THEREFORE, based on the forgoing recitals, The Common Council of the City of
Springfield does ordain as follows:
Section 1: Springfield Municipal Code Sections 8.000-8.016 are amended to read as
follows:
CHURCHES AS TEMPORARY EMERGENCY SHELTERS FOR THE HOMELESS
8.000 General.
The requirements specified in sections 8.000 to 8.015 shall be considered the minimal
requirements to establish, maintain, and operate a temporary emergency shelter at a church. The
Development Services Director. or their appointee. shall approve the temporary emergency ~helter use if
the applicable requirements specified in sections 8.000 to 8.015 have been met.
8.005 Definitions.
For the purposes of sections 8.000 to 8.015 the following mean:
Church. Defmed as specified in section 6.1-100 of the Springfield Development Code and having
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.
Emergency Shelter. A temporary emergency shelter established pursuant to Section 8.10 or 8.012
of this code. It shall not be construed to mean "emergency services," as defmed in section 2.804 of this
code. "Camper or Trailer" shall have the same meaning as "Recreational Vehicle" as defmed in section
6.1-100 of the Sprin!rlield Development Code.
Temporary. A period of15 consecutive days or longer when the provisions of section 8.010(2)
are met, or a period not to exceed 90 consecutive days when the provisions of section 8.012 are met.
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8.010 Approval Process For Indoor Shelter.
A 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:
(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 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 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 of20 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) 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.
8.012 Approval Process for Outdoor Overni!!ht Shelter
(1) Not withstandin~ any other provisions of this code:
(a) Persons may take overnight shelter in a vehicle. camper or trailer in the parking lot of a
church. religious institution or place of worship that owns or leases property on which a
parking lot and occu1;Jied 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
o1;Jerated by the City or its agent. The placement of more than one vehicle. camper or trailer
for sleeping at anyone time shall be prohibited.
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(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: i
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(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) Not withstanding any other provision of this section. the City Manager or the manager's designee
may:
(a) Prohibit overnight shelter pursuant to Section 8.012 on a property if the city finds that such
an activity on that property is incompatible with the uses of adiacent 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 Section 8.012 if the city
fmds 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 adiacent 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.
8.015 Revocation.
Where it has been determined that any church is not in compliance with the requirements of
sections 8.000 to 8.015 by city staff, including, but not limited to, police, fITe, building, or code
enforcement, the city manager may revoke the Director's approval. The revocation decision may be
appealed to the city council. The city council may affrrm, modify or reverse the revocation.
8.016 Nuisance.
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Violation of Section 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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Section 2: Duration of Ordin~nce: This ordinance shall take effect in accordance with
Emergency Ordinance procedures and shall remain in full force and effect until June 30, 2010
unless amended or extended by the Common Council of the City of Springfield.
Section 3: Effective Date of Ordinance: It is hereby found and determined that the
matters relating to the adoption of this program are matters affecting the public health, safety
and welfare and that an emergency therefore exists, and 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 20th day of July, 2009
by a vote of ---2..... for and -L against.
APPROVED by the Mayor of the City of Springfield this 20th day of July, 2009.
ATTEST:
CityRe~
~;EVIEWED & ~PPRgVED
AS "0 FORM
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" . ;FICE OF CITY ATTORNEY
Mayor
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ORDINANCE NO. 6244