[Adopted 12-6-2021 by Ord. No. 2040; amended in its entirety 10-16-2023 by Ord. No.
2078]
A.
The City Commission recognizes that homelessness is an ongoing problem
within the City due to the rise in the number of homeless individuals
in the Kalamazoo area, the lack of housing options for homeless individuals,
and a lack of safe temporary or transitional housing until more permanent
options can be found. As a result, a need exists for places where
persons experiencing homelessness can go for emergency shelter.
B.
Nonprofit, religious, and other service providers within the City
have demonstrated a willingness to provide temporary shelters to address
this emergency need. To ensure that temporary emergency shelters provide
a safe environment for those using them, certain fire and life safety
matters must be addressed when providing or operating a temporary
emergency shelter.
C.
The City, other governmental units and agencies, religious and nonprofit
organizations, and homeless service providers need to work together
to ensure that both those who are experiencing homelessness and utilizing
temporary emergency shelters, and those property owners and residents
neighboring a temporary emergency housing facility, are safe, and
potential negative effects are limited.
As used in this article, the following terms shall have the
meanings indicated:
Facilities for the storage, preparation, and cooking of food,
including fixtures, appliances, counters, cabinets, sinks, plumbing
or wiring integrated and used for the installation of such facilities
that are included as part of a temporary emergency shelter in its
manufacture or construction. "Cooking facilities" shall also include
an electric kettle that can only be used for heating water and a coffee
maker. "Cooking facilities" do not include small appliances such as
toaster ovens, electric fry pans, hot plates, electric rice cookers,
Crock-Pots, electric woks, and electric grills and griddles, camping
or other portable stoves, or grills and barbecues.
A governmental unit or agency engaged in aiding and assisting
homeless persons.
A charitable organization whose primary objectives are aiding
and assisting homeless persons.
That term as it is defined in § 12.3 of Appendix
A, Zoning Ordinance.
A charitable or other legal entity organized and operated
for a collective, public, or social benefit that assists disadvantaged
or homeless persons in obtaining housing.
The owner of property where a temporary housing facility
is, or is proposed to be, located.
Churches, mosques, synagogues, temples, nondenominational
ministries, interdenominational and ecumenical organizations, mission
organizations, faith-based social agencies, and other entities whose
principal purpose is the study, practice, or advancement of religion,
as well as engaging in charitable purposes, including but not limited
to aiding homeless persons.
Restrooms, handwashing stations, shower and bathing or other amenities that are provided by the service provider as required or permitted by § 9-356E.
A nonprofit organization, religious organization, governmental
unit or agency, or homeless service provider as those terms are defined
in this article.
A small, enclosed structure, other than a tent, vehicle, recreational vehicle, or camping trailer, for the occupancy of one or more persons that meets the provisions of § 9-356, and which provides temporary living space that is capable of being dismantled or moved and is not permanently affixed to the ground or connected to the municipal water or sewer system through a connection other than a permitted temporary connection.
One or more lots within the City upon which is located one or more temporary emergency shelters by a service provider that complies with § 9-356 and is consistent with all other provisions of this article.
A structure that is capable of being dismantled and moved
and is not permanently affixed to the ground or connected to the municipal
water or sewer system through a connection other than a permitted
temporary connection in which are provided service amenities. "Service
structure" does not include a building that existed at the time a
temporary housing facility is established and that is used to provide
service amenities.
A.
Permit required. Any service provider desiring to establish or operate
a temporary emergency housing facility shall obtain a permit from
the City.
B.
Application process. Permit applications shall be submitted on forms
provided by the Department of Community Planning and Economic Development.
C.
Facility plan. Applications shall be accompanied by a plan that includes
a sketch or drawing of the proposed temporary emergency housing facility
per the permit application requirements.
D.
Cost of permit. There shall be no cost for review of the facility
plan, nor for permits issued under this emergency article. Costs may
be assessed for other permits required under this Code of Ordinances.
E.
Permit review and approval. The Director of the Department of Community
Planning and Economic Development or their designee will review the
permit application and accompanying materials and approve, approve
with conditions, or deny the permit within 30 days of receipt of a
complete permit application. Approvals are subject to:
(1)
Memorandum of understanding. The service provider, the property owner, and the City entering a memorandum of understanding that complies with § 9-355.
(2)
Other permits. The service provider obtaining all building, mechanical,
electrical, plumbing, or other permits that may be required by this
Code of Ordinances.
(3)
Informational meeting. The service provider will hold a public informational
meeting as part of the permit review process. The meeting must be
advertised at least seven days in advance of the date by the following
methods:
F.
Appeal of permit denial. A service provider may appeal the denial
of a permit to the City Manager by filing a written notice of appeal
within 10 business days of the date of denial of a permit. The City
Manager or their designee shall address the appeal within 10 business
days from the date of receipt of the notice of appeal. The notice
of appeal shall identify the reason or reasons for reversal of the
permit denial. The City Manager will consider the appeal and make
a decision affirming, rejecting, or modifying the denial being appealed.
In considering any such appeal, the City Manager may consider the
recommendations of City staff and the written comments of other persons
having knowledge of the matter. In considering all such appeals, the
City Manager may grant a variance from the terms of this article to
provide relief, in whole or in part, from the action being appealed,
but only upon finding that the following requirements are satisfied:
(1)
The application of the provisions of this article being appealed
will present or cause unreasonable difficulties for the provider of
the proposed temporary emergency housing facility; and
(2)
The granting of the relief requested will substantially achieve the
goals and purposes sought to be accomplished by this article.
Final inspection and certificate of completion. Before a temporary
housing facility may open and begin operation, the Director of the
Department of Community Planning and Economic Development or their
designee shall conduct a final inspection of the facility to ensure
that the facility is in compliance with this article and Code of Ordinances
prior to issuing a certificate of completion.
A.
Memorandum required. The service provider seeking a permit under
this article and, if the service provider does not own the property,
the owner of the property where the emergency housing facility is
proposed to be located, shall enter a memorandum of understanding
with the City before a permit is issued and at the beginning of construction
and/or operation of the temporary emergency housing facility. The
memorandum of understanding will address issues that will protect
the public health and safety of both the residents of the temporary
emergency housing facility and the residents of the City.
B.
Minimum requirements. At a minimum, the memorandum of understanding
must include information regarding:
(1)
Number of facility occupants. The maximum number of occupants permitted
at a facility at any one time will be agreed to through the memorandum
of understanding. In reviewing the proposed number of occupants, the
following factors will be considered:
(a)
Facility location.
(b)
Level of on-site and/or twenty-four-hour staffing.
(c)
Facility layout.
(d)
Access to transit and adjacent services and/or daily needs.
(e)
Capacity of service provider.
(f)
Phasing details. If a phased approach to occupancy or development
is planned, each phase must be detailed in the facility plan, and
the needed capacity of the service provider (budget, staff, etc.)
for each phase detailed.
(g)
All other provisions of the memorandum of understanding regarding
management, operations, and community living guidelines.
(2)
How the residents will be able to access social services on the site
of the facility.
(3)
Contact information for the person responsible for managing the temporary
emergency housing facility. The service provider shall immediately
update the Director of the Department of Community Planning and Economic
Development with this information in the event the manager or their
contact information changes.
(4)
A plan for management, operations and community living guidelines
of the facility, including the following:
(a)
Minimum/maximum length of stay.
(b)
Termination of occupancy policy.
(c)
Warning and infraction policy.
(d)
Code of conduct.
(e)
Community agreement.
(f)
Bicycle or vehicle allowance and parking.
(g)
Pet allowances, including type and number permitted, pet registration,
and veterinary care.
(h)
Quiet hours.
(i)
The security measures that will be implemented at the facility,
including but not limited to twenty-four-hour staffing, secured entrances,
or controlled access management.
(j)
How the shelters and the immediate space surrounding each shelter
will be maintained between occupants, including but not limited to
cleaning and review of all mechanical equipment and other elements
to ensure that the equipment and elements are in a safe and operable
condition.
(k)
How the shelters and the immediate space surrounding each shelter
will be maintained when occupants are not turning over, including
but not limited to the interval for cleaning and/or review of mechanical
equipment and other elements to ensure safe and operable condition.
(l)
How the facility will be maintained through inclement weather
to ensure emergency access.
(m)
A plan for the collection and sharing of incidents/accident reports
and resulting action plan(s) to mitigate future incidents and accidents.
(n)
How the residents can directly interact with the service provider,
including how residents can express concerns regarding the management
of the facility to the service provider.
(5)
An acknowledgement that the service provider work with the local
agencies administering the homeless client management information
system.
(6)
An acknowledgement that the service provider will not refuse to host
any resident or prospective resident because of age, sex, marital
status, sexual orientation, race, creed, color, gender identity, national
origin, honorably discharged veteran or military status, or the presence
of any sensory, mental, or physical disability or the use of a service
animal by a person with a disability.
(7)
An acknowledgement of the termination date of this article set forth at § 9-357 and a plan for removing the temporary emergency shelters, service amenity structures, other infrastructure, and refuse, junk, and debris from the facility.
(8)
An acknowledgement that the management and operation of the temporary housing facility will be made consistent with Chapter 18, Nondiscrimination, of this Code of Ordinances.
(9)
An acknowledgment that the Director of Community Planning and Economic Development or their designee may from time to time inspect the temporary housing facility to ensure compliance with this article and Code of Ordinances consistent with § 9-356L.
(10)
An
acknowledgement by the service provider that it will be solely responsible
for the management and operation of the temporary emergency housing
facility, will assume all liability in connection with the management
and operation of the temporary emergency housing facility, and will
indemnify and hold the City of Kalamazoo harmless from all liability,
expense, judgement, suit, cause of action, or demand for personal
injury, death, or damage to property caused by the service provider,
its employees, agents, assignees, or occupants of the temporary housing
facility, or that otherwise arise in connection with the management
and operation of the temporary housing facility.
(11)
An
acknowledgement by the property owner that the property owner will
indemnify and hold the City of Kalamazoo harmless from all liability,
expense, judgement, suit, cause of action, or demand for personal
injury, death, or damage to property caused by the property owner,
its employees, agents, and assignees.
(12)
An
acknowledgment that the service provider owns and controls the property
where the proposed temporary emergency housing facility is to be located
with documentation verifying that acknowledgement attached to the
memorandum of understanding. Alternatively, an acknowledgement by
the service provider and the property owner that the service provider
is authorized to locate and operate a temporary emergency housing
facility on the property where the proposed temporary housing facility
is proposed to be located with documentation verifying that acknowledgement
attached to the memorandum of understanding.
(13)
An
acknowledgement by the service provider and the property owner that
in all respects in connection with the construction, operation, and
management of the temporary emergency housing facility the service
provider and property will comply with the Kalamazoo City Code.
(14)
Memorandum of understanding approval.
(a)
The memorandum of understanding must be signed by an authorized representative
of the service provider and the property owner, and the Kalamazoo
City Manager or the designee of the City Manager.
(b)
For all facilities with more than 20 shelters, staff will present
the memorandum of understanding for informational purposes to the
City Commission.
The following provisions apply to temporary emergency housing
facilities and temporary emergency shelters:
A.
Location. Temporary emergency housing facilities and temporary emergency
shelters must be located on property owned or controlled by a service
provider granted a permit under this article.
B.
Quantity
of units and phasing. Any temporary emergency housing facilities planned
to have more than 20 shelters will take a phased approach to occupancy
or development.
(1)
Phasing
plans for shelter residents, service amenities, and/or other improvements
will be detailed in the initial facility plan and MOU, including the
proposed budget and staffing capacity of the service provider for
each additional phase.
(2)
The
initial phase may include up to 20 shelter occupants.
(3)
Each
subsequent phase after the initial phase may include up to another
20 shelter occupants; the quantity per phase will be detailed in the
MOU.
(5)
Address
identification shall be provided in approved locations to facilitate
emergency response.
C.
Construction and compliance with codes. Temporary emergency shelters
shall have a means of heating the shelter and the shelter must be
constructed or installed, and any utilities and cooking facilities
provided to the shelter must be connected, consistent with the building,
mechanical, electrical, and fire codes of this Code of Ordinances.
D.
Improved surface. A temporary emergency housing facility will provide
improved surfaces for ingress and egress, and for parking areas and
walkways within the facility.
E.
Distance between shelters and structures. If a shelter or structure
is under 200 square feet in area, a separation distance of 10 feet
will be required between the shelter or structure and another shelter
or structure. The distance between shelters or structures 200 square
feet or larger and another shelter or structure shall be determined
as provided in the Building Code. Shelters and structures shall be
set back at least 20 feet from the property line of the lot upon which
they are located.
F.
Shelter occupancy. The permitted occupancy of each shelter will be
based upon manufacturer or design specifications.
G.
Doors, windows, and locks. Doors and windows of the temporary emergency
shelter must be included and be lockable. The service provider shall
possess keys to each temporary emergency shelter and temporary service
structure. These keys must be kept in a Knox-Box® or other secured key vault with access provided to the Kalamazoo
Department of Public Safety.
H.
Fire extinguisher. Every temporary emergency structure and shelter
shall have its own fire extinguisher and smoke detector.
I.
Cooking. Cooking within a shelter is prohibited unless the shelter
is equipped with cooking facilities and has approved temporary connections
to municipal water, sewer, and electrical utilities. An electric kettle
that can only be used for the heating of water and a coffee maker
are permitted.
J.
Outdoor storage of personal items. Outdoor storage of personal items
is not permitted, except for personal vehicles or bicycles which are
permitted in designated parking areas.
K.
Temporary service structures and service amenities. If the temporary
emergency shelters in the temporary housing facility are not connected
to a municipal water and sewer system, the service provider shall
make available service amenities, including restrooms, handwashing
stations, shower and bathing facilities, and potable running water,
including accommodations for black water, sufficient for the number
of persons that may be accommodated by the temporary housing facility.
Adequate service amenities may be inside a temporary service structure
or an existing structure on site, or may be portable facilities, provided
that those facilities are available at all times of day and night.
L.
Temporary service structures for social services. The service provider
may utilize a temporary service structure or portion of an existing
structure on site for the provision of social services to residents
of the temporary emergency housing facility.
M.
Legal limitations of property owners and individuals seeking temporary
shelter. Nothing in the article shall be construed as:
(1)
Authorizing a continuing nonconforming use under City zoning ordinance;
the use of property for a temporary emergency housing facility is
authorized under the City's police powers and does not grant the property
owner any future right to maintain the use otherwise in violation
of the City Zoning Code.
(2)
Granting a person using and occupying a temporary emergency shelter
a right of tenancy; the use of shelter under this article is a revocable
license and does not grant any property or tenancy rights.
N.
Inspections. The Building Official, City Planner, and/or their designee
will inspect the temporary emergency housing facility, temporary emergency
shelters, and temporary service structures to ensure compliance with
the memorandum of understanding, this article, and Code of Ordinances.
(1)
Inspections
will occur at intervals no greater than 180 days.
(2)
Notice
of the need to schedule inspections will be given to the person responsible
for managing the temporary housing facility via email and telephone
using the contact information provided by the service provider.
(3)
A new
certificate of completion will be granted to the service provider
with each inspection passed.
This article will terminate and no longer remain in effect after April 30, 2029. Upon termination of this article, or revocation of a permit pursuant to § 9-358, any person or entity operating a temporary emergency housing facility shall immediately remove all temporary emergency shelters, temporary support structures, support amenities and related infrastructure, along with all refuse, junk, and debris from the premises where the temporary emergency housing facility is situated. The removal of any building or structure that existed prior to the establishment of the temporary housing facility will not be required. Failure to remove such items as required by this section shall be deemed a public nuisance. The provisions of this section notwithstanding, the temporary emergency housing facility may continue operation upon the termination of this article if then authorized by another provision of this Code.
Any violation of this article, including a failure to carry out any of the terms and provisions of the memorandum of understanding, will be grounds for revocation by the Director of the Department of Community Planning and Economic Development of a permit issued pursuant to § 9-353, and is a municipal civil infraction punishable by a fine of $500 which may be levied against the service provider and property owner, and/or any owner, president, legal representative, director, board member, or manager of the service provider or property owner. Each day of unlawful operation constitutes a new and separate offense.
