The controversial Human Services Facilities Siting ordinance may soon come to an end. After nearly two years of discussion, the Vancouver City Council could move forward with repealing the rule in May.
The ordinance — which was implemented in 1991 — regulates where services such as soup kitchens and day centers are allowed. But the city is now concerned about potential legal implications of the rule thanks to a recent 9th Circuit U.S. Court of Appeals ruling that rejected the approach to siting service facilities.
The city began reviewing the ordinance in July 2016. More specifically, the ruling raised concerns for city officials about the potential for discrimination based on physical abilities and familial status, both protected in the Fair Housing Act. As the population continues to grow and the demand for services grows along with it, the dispersal requirements — how close facilities are in proximity to each other — will lead to discrimination at some point in time, said Chief Assistant City Attorney Jonathan Young.
“We’re going to have to make property unavailable,” Young said of the rule’s location restrictions during a council workshop Monday evening. The ordinance states services cannot be located within 1,320 feet of each other and transitional housing cannot be sited less than one mile from another similar facility. The city is running out of space to locate new services based on those distance requirements.
The Planning Commission has spent the last several months discussing the issues at hand and considering what policy should replace the Human Services Facilities Siting ordinance. As it stands, the proposed approach repeals the ordinance entirely and amends existing code to allow service facilities to locate wherever a similar use is allowed.
Soup kitchens would follow the rules for eating and drinking establishments and a housing shelter would fall under the zoning for commercial lodging. Day centers could locate anywhere a community center is allowed as outlined in the commercial zone code.
The code regulating community centers was recently added as part of the city’s consideration of its Human Services Facilities Siting ordinance.
If any impacts are found for those uses, performance standards would be added, said Chad Eiken, the city’s community and economic development director.
Performance standards could require an indoor or covered area for customers to wait at least one hour prior to meal or check-in times, litter control within 200 feet of the facility, indoor storage for personal belongings and restrooms that can serve the expected number of clients during peak time.
Churches that provide services fall under slightly different regulation.
“Those will fall within additional religious protections,” Young said. “Our ability to regulate those establishments is already reduced.”
Young added that the city can really only intervene with regard to safety.
All of those proposed standards, however, are not yet set in stone. The commission will make its final recommendation to the council in April. The council is tentatively scheduled to hold a first reading of the proposal April 23, with a public hearing on May 7. The ordinance would go into effect 30 days after passage on June 7.
