[Ord. No. 985-A, 1-14-2014]
(a) Purpose. The Board of City Commissioners of the City of Williston
recognizes and finds that it is in the best interests of the public
health, safety, and general welfare to provide for emergency temporary
homeless shelter for transient or homeless individuals within the
community under the terms provided by this article.
(b) Permit required. No person or entity shall operate an emergency temporary
shelter within the Williston City limits without a permit as provided
for under this article.
Any person or group or persons or entity may apply to the City
for an emergency temporary homeless shelter permit under the terms
provided in this article.
Such permit shall entitle the grantee to certain uses of its
property that would otherwise not conform to the City's zoning
code requirements.
The Board of City Commissioners shall issue such permit by Resolution,
following a public hearing as required by North Dakota law, and may
attach to the emergency temporary homeless shelter permit such reasonable
conditions as they may deem necessary and appropriate, in order to
ensure the protection of the public health, safety, and general welfare.
(c) Permit application. Unless otherwise determined by the Board of City
Commissioners, the applicant shall, as part of the application process,
provide the City with at least the following information:
(1)
The physical structure in which the emergency temporary homeless
shelter will be operated.
(2)
A copy of the dimensioned floor plans of the physical structure
in which the emergency temporary homeless shelter will be operated,
with the location of the room or rooms to be used during the emergency
temporary homeless shelter's operation clearly marked.
(3)
Proof of fire and liability insurance for the physical structure
in which the emergency temporary homeless shelter well be operated.
(4)
Identity of at least one emergency temporary homeless shelter
site coordinator for each physical structure in which the emergency
temporary homeless shelter will be operated.
(5)
Identity of an overall project coordinator, to act as a primary
contact, for applications with multiple proposed physical locations
in which the emergency temporary homeless shelter will be operated.
(6)
A manual of rules and regulations, acceptable to the City Planner
or his designee, for operation of the emergency temporary homeless
shelter at each physical structure in which the emergency temporary
homeless shelter will be operated. Each manual should contain the
following information, including, but not limited to:
a.
Site coordinator manual:
1.
Site layout plan: Items to be addressed here include Check-in
area, hospitality area, sleeping area, emergency supplies, and volunteer
space;
2.
Security of the site: How this will operate;
3.
Fire safety: A safety plan addressed in this section;
4.
Sanitation: Facility hygiene plan;
5.
Personal belongings: Policy;
6.
Transition between the emergency temporary homeless shelter
locations: Description of process here;
7.
Staffing volunteers: Description of the volunteer shifts will
be conducted (shift volunteers, shift times, recruiting and training
volunteers etc.);
8.
General policies: Alcohol/drugs, smoking, media, special concerns,
site supplies, physical plant, monitor/reports.
b.
Volunteer manual.
1.
Individual site coordinators;
2.
Location volunteers: Description of shift actions and activities;
3.
Security of site: Description of policy and procedures for site
security;
4.
Fire safety: Description of policy and procedure;
5.
Nourishment: Description of policy;
6.
Sleeping area: Procedures for preparing the sleeping area;
7.
Personal belongings: Policy;
8.
Medical problems: Policy and procedures;
9.
Emergencies: Policies and procedures;
10.
Injuries: Policy and procedures;
11.
Alcohol/drugs/smoking: Policy and procedures;
12.
Weapons: Policy and procedures.
Any procedural amendments would need to be made in writing at
the time of permit application to be considered by the City Commission
at the public hearing.
(d) Issuance of permit. Upon receipt of the application materials, the
City shall set the matter for a public hearing before the Williston
Board of City Commissioners.
(e) Notification and hearing. At least 10 days prior to the requested
public hearing, the emergency temporary homeless shelter project coordinator
identified in the application materials shall notify, in writing,
all property owners within 300 feet of the proposed location of the
emergency temporary homeless shelter and provide verification to the
City of the required notification.
(1)
The required notification must include, at a minimum:
a.
The location of the proposed emergency temporary homeless shelter;
b.
The date, time, and place of the public hearing; and
c.
At the public hearing, the Board of City Commissioners will
take public comment from any interested person(s).
(2)
Following the public hearing, the Williston Board of City Commissioners
may grant the emergency temporary homeless shelter permit if it finds
that:
a.
The applicant has met all requirements of the Williston City
Code regarding operation of an emergency temporary homeless shelter;
b.
The applicant appears to be a responsible and appropriate operator
of an emergency temporary homeless shelter; and
c.
Granting such emergency temporary homeless shelter permit is
in the best interests of the public health, safety, and general welfare
of the Williston community.
(f) Permit length. Any emergency temporary homeless shelter permit issued
to an applicant by the Williston Board of Commissioners shall be valid
from November 1 to April 1. A two week extension may be requested
upon writing to the Planning Department based on the occurrence of
persisting extreme dangerous cold weather in a given year.
Applicants must reapply for a new emergency temporary homeless
shelter permit each year. Reapplication in subsequent years shall
be made to the Planning Department and shall be reviewed and approved
upon finding of good standing with ordinance requirements and other
agency policies.
(g) Inspections. Prior to beginning operations as an emergency temporary
homeless shelter, each proposed emergency temporary homeless shelter
location or facility shall be inspected by the City's Building
Department and Fire Department. The inspectors shall verify whether
the facility is in compliance with Williston City Code.
Any Code violations must be corrected prior to beginning operations
as an emergency temporary homeless shelter. In the event an inspection
returns Code violations, prior to the beginning of the facility's
operations as an emergency temporary homeless shelter, an inspector
from the Building Department and/or Fire Department must inspect and
sign off on verification of Code compliance for the violating facility.
If, at any time, an emergency temporary homeless shelter facility
is determined to be not in compliance with the City Code, or with
any other conditions of approval attached by the Board of City Commissioners,
the City shall be entitled to:
(1)
Require immediate compliance with Williston City Code or other
conditions of approval; or
(2)
Revoke the emergency temporary homeless shelter permit.
(h) Requested information. The emergency temporary homeless shelter coordinator
shall provide a summary of the activities of the emergency temporary
homeless shelter at such times as may be requested or required by
the City.