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]