22.90.100 Temporary encampment permit – Application and review process – Appeals.
A. Application. The form of the application for a temporary encampment permit shall be provided by the zoning administrator. The completed application for a temporary encampment permit shall be signed by the host religious organization and/or managing agency, and shall be submitted to the community development department in accordance with this section. No fee shall be required for such application. The application shall contain, at a minimum, contact information for the applicant, and detailed information regarding the following:
1. How the proposed temporary encampment will meet the requirements set forth in this chapter;
2. Potential adverse effects that the proposed temporary encampment will likely have on neighboring properties and the community;
3. Measures to mitigate such adverse effects;
4. A proposed written code of conduct for the temporary encampment;
5. Measures to meet applicable requirements of the International Fire Code;
6. Certification that the Monroe police department has completed, or shall complete, sex offender checks of all adult residents and guests of the temporary encampment as required by MMC 22.90.040;
7. An irrevocable, signed, and notarized statement, in a form approved by the city attorney, granting public officials from agencies with applicable regulatory jurisdiction, including without limitation the building official and fire marshal, to periodically enter upon the property to conduct inspections at reasonable times, consistent with applicable constitutional and statutory standards; and
8. An irrevocable, signed, and notarized statement, in a form approved by the city attorney, granting the city and the city’s agents permission to enter upon the property and summarily abate the temporary encampment and all physical evidence thereof if the temporary encampment is not removed by the applicant within the period specified as part of the temporary encampment permit, and agreeing to reimburse the city for any expenses incurred by the city in abating the temporary encampment.
B. Community Meeting. Unless the use is in response to a federal, state or locally declared emergency, the host religious organization or the managing agency shall hold a meeting open to the public prior to the opening of a temporary encampment for the purpose of providing a forum for discussion of related neighborhood concerns. The religious organization must provide written notice of the community meeting to the city council at least one week, if possible, but no later than ninety-six hours prior to the meeting.
1. The notice must specify the time, place, and purpose of the meeting; and
2. Public notice of the meeting shall be provided by the city by taking at least two of the following actions at any time prior to the time of the meeting:
a. Delivering to each local newspaper of general circulation and local radio or television station that has on file with the city a written request to be notified of special meetings;
b. Posting on the city’s website;
c. Prominently displaying, on signage at least two feet in height and two feet in width, one or more meeting notices that can be placed on or adjacent to the main arterials in proximity to the location of the meeting; or
d. Prominently displaying the notice at the meeting site.
C. Application Review. The zoning administrator shall issue a decision approving or denying the application for a temporary encampment permit within fourteen days of the date that the application was submitted.
D. Decision. A notice of decision for the temporary encampment, or summary thereof, shall contain the decision of the zoning administrator approving or denying the application, and the appeal procedure, and shall be distributed as required within four business days after the decision.
E. Conditions of Approval. Reasonable conditions of approval may be imposed as deemed necessary by the zoning administrator in order to protect the health, safety, and welfare of the public and the occupants of the temporary encampment, consistent with this chapter and applicable federal and state law. Such conditions of approval shall include execution of a memorandum of understanding as required by this chapter. Without limitation of the foregoing, any such conditions of approval shall comply with RCW 35A.21.360 and applicable state and federal law concerning religious exercise.
F. Appeal. The zoning administrator’s decision to approve, approve with conditions, or deny the application is appealable directly to Snohomish County Superior Court in accordance with the procedures and time frames of the Land Use Petition Act, Chapter 36.70C RCW. (Ord. 007/2021 § 2 (Exh. A))