The requirements specified in sections 8.000 to 8.016 shall be considered the minimal requirements to establish, maintain, and operate a temporary emergency shelter at a religious or social institution, governmental building, commercial building, or industrial site property. The development and public works director, or his or her appointee, shall approve the temporary emergency shelter use if the applicable requirements specified in sections 8.000 to 8.016 have been met.
[Section 8.000 amended by Ordinance No. 6244, enacted July 20, 2009; further amended by Ordinance No. 6278, enacted June 18, 2012; further amended by Ordinance No. 6406, enacted October 21, 2019; further amended by Ordinance No. 6420, enacted October 19, 2020; further amended by Ordinance No. 6438, enacted May 2, 2022]
For the purposes of sections 8.000 to 8.016 the following mean:
Cold Weather Shelter.
An emergency shelter established pursuant to section 8.010 of this code, which provides shelter for individuals experiencing homelessness during the period from November 1st to March 31st, on nights when average temperature is forecasted to be below 30 degrees Fahrenheit or on nights when forecasted conditions otherwise pose a threat to human health and safety, including, but not limited to, significant accumulations of snow or ice.
Commercial Building.
A building that is used for commercial purposes. It includes vacant buildings in which the most recent permanent primary use was commercial.
Emergency Shelter.
A temporary emergency shelter established pursuant to section 8.010 or 8.012 of this code. It shall not be construed to mean “emergency services,” as defined in section 2.804 of this code. “Camper or trailer” shall have the same meaning as “recreational vehicle” as defined in section 6.1-100 of the Springfield Development Code.
Governmental Building.
A building leased or owned by a governmental entity, upon permission of the governmental entity.
Industrial Site.
Property having heavy or light-medium industrial zoning in accordance with section 3.2-400 of the Springfield Development Code and, a primary use approved in accordance development review procedures of the Springfield Development Code.
Place of Worship.
A place for people to gather for religious activity, such as a church, synagogue, mosque, chapel, or meeting house, and having a building or buildings at least 3,000 square feet for the purposes of indoor shelter.
Religious or Social Institution.
Private property being used as a place of worship, for providing charitable services to the public by a private non-profit organization, or as a fraternal or private civic organization.
Temporary.
For shelters other than cold weather shelters, a period of 15 consecutive days or longer if the provisions of section 8.010(2) are met; or a period not to exceed 90 days when the provisions of section 8.012 are met.
[Section 8.005 amended by Ordinance No. 6244, enacted July 20, 2009; further amended by Ordinance No. 6278, enacted June 18, 2012; further amended by Ordinance No. 6406, enacted October 21, 2019; further amended by Ordinance No. 6420, enacted October 19, 2020; further amended by Ordinance No. 6438, enacted May 2, 2022]
A governmental entity, commercial building owner, or representative of a place of worship shall apply to the department of development and public works prior to opening an emergency shelter for persons experiencing homelessness. Prior to authorizing occupancy and annually thereafter, the fire marshal in consultation with the building official shall apply the following standards:
(1) 
Whenever practical, sheltering of persons experiencing homelessness shall occur on the ground floor.
(2) 
For indoor shelters other than cold weather shelters, the maximum number of families shall be limited to the lesser of the following:
(a) 
The number of persons that would be permitted based on the zoning density. For example, if the place of worship was on one acre of land zoned Low Density Residential, approximately five single-family homes could be constructed (30% of the land is subtracted for streets and other nonresidential uses as specified in the Metro Plan). Considering there are approximately four persons in a family, a total of 20 persons per acre would be allowed; or
(b) 
100 square feet per person, in the area designated to shelter persons experiencing homelessness.
(3) 
A plan shall be submitted to the department of development and public works showing how the following standards of operation will be met:
(a) 
The area in square feet of the portion of the building proposed to be used to shelter persons experiencing homelessness and the number of persons to be sheltered;
(b) 
The route persons would use to exit or enter the proposed sleeping area;
(c) 
The location of smoke/fire detection devices in the proposed sleeping area;
(d) 
The location and number of sanitation fixtures.
(4) 
A written explanation concerning how the persons experiencing homelessness will be supervised and any other program activities such as meals, child care, day care, social service referral, etc.
(5) 
The fire marshal shall have the authority to make minor modifications from these standards where practical; however, such modifications shall not be in conflict with the health, safety and welfare of the citizens of Springfield.
[Section 8.010 amended by Ordinance No. 6244, enacted July 20, 2009; further amended by Ordinance No. 6278, enacted June 18, 2012; further amended by Ordinance No. 6406, enacted October 21, 2019; further amended by Ordinance No. 6420, enacted October 19, 2020; further amended by Ordinance No. 6438, enacted May 2, 2022]
(1) 
Notwithstanding any other provisions of this code, persons may take overnight shelter in a vehicle, camper or trailer in the parking lot of a religious or social institution or industrial site on which a parking lot and occupied structure are located in accordance with current code, with the written permission of the property owner when the site is part of a supervised program operated by the city or its agent. The number of overnight shelter vehicles, campers or trailers at any parking or industrial site shall not exceed a total of three at any one time.
(2) 
A property owner who permits overnight shelter on a property pursuant to subsection (1) of this section shall meet the following minimum standards in addition to any city program’s rules and procedures:
(a) 
Vehicles used for shelter shall be located on paved areas meeting building and property line setbacks in accordance with city codes;
(b) 
Provide or make available sanitary facilities;
(c) 
Provide garbage disposal services in accordance with city ordinances;
(d) 
Provide a storage area for campers to store any personal items so the items are screened and not visible from any public street;
(e) 
Not require payment of any fee, rent or other monetary charge for overnight sleeping authorized by this section.
(3) 
A property owner who permits overnight shelter pursuant to subsection (1) may revoke that permission at any time and for any reason. Upon revocation of permission for overnight shelter the permittee shall leave the property immediately.
(4) 
Notwithstanding any other provision of this section, the city manager or the manager’s designee may:
(a) 
Prohibit overnight shelter pursuant to this section on a property if the city finds that such an activity on that property is incompatible with the use of adjacent properties or constitutes a nuisance or other threat to the public welfare; or
(b) 
Revoke permission for a person to use overnight shelter pursuant to this section if the city finds that the person has violated any applicable law, ordinance, rule, guideline or agreement, or that the activity is incompatible with the use of the property or adjacent properties.
(5) 
Nothing in this section creates any duty on the part of the city or its agents to ensure the protection of persons or property with regard to permitted overnight shelter.
(6) 
Nothing in this section creates any requirement, right or responsibility of the participants to act as a private security provider or provide private security services as defined by ORS 181A.840(7) and (8).
[Section 8.012 added by Ordinance No. 6244, enacted July 20, 2009; amended by Ordinance No. 6278, enacted June 18, 2012; further amended by Ordinance No. 6300, enacted October 7, 2013; further amended by Ordinance No. 6406, enacted October 21, 2019; further amended by Ordinance No. 6438, enacted May 2, 2022]
Where city staff, including, but not limited to, police, fire, building, or code enforcement staff, have determined that any participating property is not in compliance with the requirements of sections 8.000 through 8.016, the city manager may revoke the director’s approval. The revocation decision may be appealed to the city council. The city council may affirm, modify or reverse the revocation.
[Section 8.015 amended by Ordinance No. 6244, enacted July 20, 2009; further amended by Ordinance No. 6278, enacted June 18, 2012; further amended by Ordinance No. 6406, enacted October 21, 2019]
Violation of sections 8.000 through 8.015 of the Springfield Municipal Code shall constitute a public nuisance which may be abated and/or cited as a civil infraction as provided in this code.
[Section 8.016 added by Ordinance No. 6244, enacted July 20, 2009; amended by Ordinance No. 6406, enacted October 21, 2019]