Ordinance 2994-07 - Laserfiche WebLink

impose reasonable conditions on the use of church/temple property(See Washington Supreme Court's decision in Open Door Baptist Church v. Clark County, 140 Wn.2d 143, 152 (2000)); and 8. The EMC does not currently have specific provisions permanently addressing the use of property for housing persons on a temporary basis; and 9. The City Council has determined that if the City plans for the possibility of homeless encampments in Everett, it will be better able to a) avoid unnecessary litigation costs that might otherwise be incurred due to the absence of an established temporary use permit process; b) avoid complaints from neighborhood groups/residents that the homeless encampment was allowed to ignore due process when it moved in without a permit; and c) avoid the danger that regulations adopted after the fact of a homeless encampment establishing itself may appear arbitrary and capricious; and 10. The City Council did enact Ordinance No. 2920-06 establishing interim regulations governing the establishment of homeless encampments; and 11. The City issued a Determination of Non-Significance under SEPA for regulations on homeless encampments; and 12. The Planning Commission held a public hearing on April 3, 2007, and did recommend that the City Council amend the Zoning Code by the addition of regulations pertaining to homeless encampments to the temporary use permit section; and 13. The proposed amendments are consistent with the applicable policies of the Everett Growth Management Comprehensive Plan; bear a substantial relation to the public health, safety and welfare; and promote the best long-term interests of the Everett community. NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1. Definitions. Section 4.020 of Ordinance No. 1671-89, as amended (EMC 19.04.020), is hereby amended by the addition of the following definitions: a) "Homeless"means: 1) a person who lacks a fixed, regular, and adequate nighttime residence; and who has a primary nighttime residence that is (a) a supervised publicly or privately operated shelter designed to provide temporary living accommodations; or (b) an institution that provides a temporary residence for mentally ill individuals intended to be institutionalized; or (c) a public or private place not designed for, or ordinarily uses as, a regular sleeping accommodation for human beings.