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A. All temporary shelter applications will be reviewed under a Type II process under BMC 21.10.110; however, the following timelines will override those found in BMC 21.10.110. Final action on permit applications made under this chapter will be rendered within 30 days of submittal, unless extended by mutual agreement between the city and applicant. Within seven calendar days of receiving a complete application, the director shall publish a notice of application for a temporary use permit. The notice will contain, at a minimum, the date of application, project location, proposed duration and operation of the temporary shelter, maximum number of guests, conditions that will likely be placed on the operation of the shelter, and requirements of the written code of conduct.

B. Decision and Notice of Decision.

1. After conclusion of a 14-calendar day notice/comment period, the director shall decide whether to grant, grant with conditions or deny a temporary use permit. Before any temporary use permit may be granted, the applicant shall show and the director shall find that:

a. The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the proposed shelter;

b. The proposed use meets the requirements of this chapter;

c. The proposed use is in keeping with the goals and policies of the comprehensive plan;

d. Measures, including the requirements herein and as identified by the director, have been taken to minimize the possible adverse impacts the proposed shelter may have on the area in which it is located. It is acknowledged that not all impacts can be eliminated; however, the risk of significant impacts can be reduced to a temporary and acceptable level and the duration of the shelter will be limited; and

e. All permit conditions are consistent with RCW 35.21.915 and 19.27.042.

2. A notice of such decision stating whether the permit is granted or denied, along with information regarding the procedure for appeal of the decision, will be mailed as required for the notice of application/hearing within three business days after the date of the decision. If issued, the permit for the temporary shelter will be issued jointly to the sponsor and managing agency, and each shall be responsible for compliance with the terms and conditions of the permit and applicable city codes.

C. Because each temporary shelter has unique characteristics including, but not limited to, size, duration, uses, number of occupants and composition, the director shall have the authority to impose conditions on the approval of a temporary use permit to ensure that the proposal meets the criteria for approval listed above. Conditions, if imposed, must be intended to minimize nuisance-generating features such as noise, waste, air quality, unsightliness, traffic, physical hazards and other similar impacts that the temporary shelter may have on the area in which it is located and consistent with RCW 35.21.915. In cases where the application for a temporary use permit does not meet the provisions of this chapter (except when allowed under subsection (D) of this section) or adequate mitigation may not be feasible or possible, the director shall deny the application.

D. The director may approve a temporary use permit for a temporary shelter that relaxes one or more of the standards in this chapter only when, in addition to satisfying the decision criteria stated above, the applicant submits a description of the standard to be modified and demonstrates how the modification would result in a safe shelter with minimal negative impacts to the host community under the specific circumstances of the application. In considering whether the modification should be granted, the director shall first consider the effects on the health and safety of shelter guests and the neighboring communities. Modifications will not be granted if their adverse impacts on guests of the shelter and/or neighboring communities will be greater than those without modification. The burden of proof is on the applicant.

E. The director’s decision may be appealed to the hearing examiner as provided in BMC 21.10.250. [Ord. 2020-02-003 § 9; Ord. 2018-10-019 § 3 (Exh. A)].