§ 22-410. Boardinghouse; roominghouse; overnight shelter.

The purpose of this section is to authorize the operation of shelters for homeless persons in the community under circumstances which protect and enhance the health, safety and welfare of city residents, while ensuring that adequate support services exist for shelter occupants. In addition to filing for a conditional use permit, a homeless shelter must also meet the following requirements in addition to any other conditions the city commission may require:

(1)

Ownership. The shelter shall be fully contained within a building owned and/or operated by a governmental agency or nonprofit organization.

(2)

Location. A homeless shelter shall not be located within 1,000 feet of a city park, public school or residential property.

(3)

Supervision. The operator of a shelter for the homeless shall provide continuous, on-site supervision by an employee and/or volunteer during all hours of operation. Full-time security may be required as a condition of approval.

(4)

Operations plan. Any organization proposing to establish a homeless shelter shall provide a detailed operations plan specifying their target clientele, proposed operation expenses, funding and staffing levels.

(5)

Sales. No retail sales shall take place on the property of shelter for the homeless.

(6)

Maximum occupancy. The city may set a maximum occupancy load for the shelter based on documented need.

(7)

Inspection. The fire marshal shall inspect the site before occupation and provide a letter noting the number of residents to be permitted.

(8)

Permit. There shall be a permit from the health department on file at all times as applicable by state statute. In addition, the applicant is strongly encouraged to consult the health department and other pertinent health providers about measures that may be taken to prevent the spread of diseases like tuberculosis and other communicable diseases.

(9)

Code of conduct. All homeless shelters shall create and adopt a code of conduct that shall be enforced at all times. The code of conduct shall include, at a minimum, the following language:

a.

Possession or use of illegal drugs is not permitted on the premises.

b.

Alcohol is not permitted on the premises.

c.

Weapons are not permitted on the premises.

d.

Violence is not permitted on the premises.

e.

Fires are not permitted on the premises.

f.

Loitering in the surrounding neighborhood is not permitted.

g.

Littering on the premises or surrounding neighborhood is not permitted.

A copy of this code of conduct shall be provided to the planning commission at the time of the conditional use permit request.

(10)

Lighting. Adequate external lighting shall be provided for security purpose. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of intensity compatible with the neighborhood.

(11)

Laundry facilities. The development shall provide laundry facilities or laundry services adequate for the number of residents.

(12)

Common facilities. The development may provide one or more of the following specific common facilities for the exclusive use of the residents and staff:

a.

Central cooking and dining room(s).

b.

Recreation room.

c.

Counseling center.

d.

Child care facilities.

e.

Other support services.

(13)

Outdoor activity. For the purposes of noise abatement in residential districts, organized outdoor activities may only be conducted between the hours of 8:00 a.m. and 9:00 p.m.

(14)

Staff assistance. Staff and services shall be available to assist residents in obtaining permanent shelter and income.

(15)

Management plan. The operator of a shelter for the homeless shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to ensure compatibility with services provided at the facility, and for training, counseling and treatment programs for residents.

(16)

Revocation. The city commission may revoke a permit issued under this section if it determines that the shelter is not operating in accordance with the terms of the permit.

(17)

Exception. This article does not apply to a temporary emergency homeless shelter established immediately after a natural disaster which results in a local disaster proclamation by the city commission. A temporary emergency homeless shelter may operate for a maximum of 45 days. The city manager may extend that period for additional periods of 45 days each upon approval of the city commission.

(Code 2002, § 22-175.18; Ord. No. 2545NS, § 1(Exh. 1), 6-2-2014)