A. Because each interim housing facility has unique characteristics including, but not limited to, size, number of occupants and composition, the director or hearing examiner shall have the authority to impose conditions on the approval of an interim housing permit to ensure that the proposal meets the requirements of this chapter. Conditions, if imposed, must be intended to minimize nuisance-generating features such as noise, waste, air quality, traffic, physical hazards and other similar impacts that the facility may have on the area in which it is located. Conditions may also mitigate potentially adverse operational characteristics that may include, but are not limited to, direct intake of residents on site, daily check-in of residents in order to secure a bed, lack of resident enrollment in a program operated by the on-site agency, or lack of available intensive case management for residents on site.

B. In cases where the application does not meet the provisions of this chapter or adequate mitigation may not be feasible or possible, the director or hearing examiner shall deny the application.

C. The director or hearing examiner may approve an interim housing permit that relaxes one or more of the standards in this chapter, except the table in BMC 20.15A.020, only when the applicant submits a description of the standard to be modified and demonstrates how the modification would result in a safe facility 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 or hearing examiner shall first consider the effects on the health and safety of facility residents and the neighboring communities. Modifications will not be granted if their adverse impacts on residents of the shelter and/or neighboring communities will be greater than those without modification. The burden of proof is on the applicant.

D. The director’s decision may be appealed to the hearing examiner as provided in BMC 21.10.250. [Ord. 2020-02-002 § 2 (Exh. A)].