1. A minimum of forty-five calendar days prior to the anticipated start of the outdoor emergency shelter, the sponsor and/or managing agency shall submit an application for an administrative use permit to the planning department and shall participate in a public information meeting organized by the city. The city shall provide mailed notice of the public informational meeting at least ten calendar days before the meeting to the following: (a) owners of property within five hundred feet of the subject property; (b) office of neighborhoods; and (c) any neighborhood organization in the vicinity of the outdoor emergency shelter site whose contact information is known to or made known to the managing agency. The sponsor and/or managing agency shall provide to the city the names and addresses of all owners of property within five hundred feet of the subject property. The purpose of the meeting is to provide the surrounding community with information regarding the proposed duration and operation of the outdoor emergency shelter, conditions that will likely be placed on the operation of the outdoor emergency shelter, management plan, and to answer questions regarding the temporary outdoor emergency shelter.

2. A public meeting is not required for shelters provided for survivors of domestic violence.

1. A notice of application and copy of the application for an outdoor emergency shelter shall be provided prior to the decision regarding the issuance of the permit. The purpose of the notice is to inform the surrounding community of the application. The notice shall contain, at a minimum, the date of application, comment period date, project location, proposed duration and operation of the outdoor emergency shelter, number of residents for the shelter, conditions that will likely be placed on the operation of the outdoor emergency shelter, and the management plan.

2. The completed application shall contain at a minimum contact information for the applicant and detailed information regarding how the applicant will meet the requirements of the administrative use permit and the requirements of the International Fire Code. The managing agency of any outdoor emergency shelter that includes a tent or membrane structure shall comply with the requirements of the International Fire Code as adopted. The form of the notice and the application shall be provided by the planning department upon request by the sponsor and/or managing agency. The planning department shall distribute this notice as follows:

1. The deadline for filing a notice of appeal of the planning director’s decision is fifteen calendar days from the date the decision is mailed; and

2. The notice of appeal of the planning director’s decision shall be filed with the city clerk.

3. The planning director’s decision may be appealed to the city’s hearing examiner, who has jurisdiction to hear this matter and who will issue the final decision of the city after a public hearing. The notice of the time and place of the public hearing shall be provided to the applicant and to any person who, prior to the rendering of the decision on the permit, made a written request for notice or submitted substantial comments on the application for the permit.

4. The public hearing procedures shall be as specified in Section 15.02.200. The hearing examiner shall issue findings within ten business days of the conclusion of the hearing. Within three business days of rendering the written decision, copies shall be mailed to the applicant and all who have requested notice by signing a register provided at the hearing. The hearing examiner’s decision shall constitute the city’s final decision. Any appeal of the city’s final decision may only be made to Snohomish County superior court in accordance with Chapter 36.70 RCW. The burden of proof on appeal shall be on the appellant.

1. The applicant may apply for an administrative use permit that applies standards that differ from those in Section 19.08.200 only where the applicant submits a description of the standard to be modified and demonstrates how the modification would result in a safe outdoor emergency shelter under the specific circumstances of the application. Such requests shall be reviewed by the city’s planning director. The planning director shall make a decision regarding the issuance of a permit and modification of standards.

2. Notice of the request for modification of standards shall be provided with a ten-day comment period to any person who, prior to the rendering of the decision on the permit, made a written request for notice or submitted substantial comments on the application for the permit.

3. The planning director shall issue findings following the notice comment period. Within three business days of rendering the written decision, copies shall be mailed to the applicant and all who have requested notice to the planning director. An appeal of the planning director’s decision may be to the hearing examiner in accordance with EMC 15.02.600(D)(2).

4. In considering whether the modification should be granted, the city shall first consider the effects on the health and safety of residents and the community. The burden of proof shall be on the applicant. (Ord. 3895-22 § 3, 2022; Ord. 3774-20 § 3 (Exh. 2), 2020.)