001 of 2020 - Enacting Temporary Zoning Regulations Authorizing a Temporary Overflow Homeless Shelter Use at Appro 0 20-1
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SALT LAKE CITY ORDINANCE
No. 1 of 2020
(An Ordinance Enacting Temporary Zoning Regulations Authorizing
Overflow Homeless Shelter Use at Approximately 2234 South Highland Drive)
WHEREAS, Section 10-9a-504 of the Utah Code permits a municipality, without prior
consideration and recommendation from the municipality's planning commission, to enact a
temporary land use regulation for any part or all of a municipality if the governing body makes a
finding of compelling countervailing public interest; and
WHEREAS, Salt Lake City ("City"), Salt Lake County ("County"), the State of Utah
("State"), and community organizations have worked cooperatively over the past four years to
address the rise in numbers of persons experiencing homelessness; and
WHEREAS, the City, County, and State, after several years of study and analysis,
including public engagement and expert findings, adopted a new model of temporarily housing
persons experiencing homeless in a dispersed, non-centralized model of multiple homeless
resource centers ("HRCs") serving the needs of specific populations and co-locating resources
within HRCs; and
WHEREAS,the new HRC model is being implemented for the first time this winter, at the
same time as the onset of extreme cold temperatures within the Salt Lake Valley; and
WHEREAS, during this time of transition, the City's unsheltered population continues to
grow due to the affordable housing crisis,the opiate crisis, and rising economic inequality, and the
City is committed to ensuring that all people have access to shelter during these winter months
when temperatures often dip below freezing during the night within the Salt Lake Valley; and
WHEREAS, exposure to extreme cold temperatures can cause death, and in the past has
caused deaths among persons experiencing homelessness in Salt Lake City, including the death of
five persons experiencing homeless attributed to exposure just during the past year; and
WHEREAS, the Salt Lake City Council finds that protecting lives from the potentially
deadly consequences of severe winter weather constitutes a compelling, countervailing public
interest which justifies a temporary land use regulation; and
WHEREAS, the City Council intends for this temporary ordinance to be effective only
during the 2020 winter season; and
WHEREAS, the City Council encourages the State, County, public interest groups, and
community organizations to continue to work together with the City to fully implement the new
HRC model; and
WHEREAS,the City Council intends to work immediately with the Mayor,pertinent City
departments, State, County, and community partners to develop alternatives to an emergency
overflow area for next winter;
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Finding of Compelling Countervailing Public Interest. Pursuant to Section
10-9a-504 of the Utah Code, the City Council finds that the need to protect persons experiencing
homelessness from the deadly effects of severe winter weather constitutes a compelling,
countervailing public interest sufficient to justify these temporary land use regulations.
SECTION 2. Locations. These temporary land use regulations shall apply to the property
owned by the Redevelopment Agency of Salt Lake City, located at approximately 2234 South
Highland Drive. Overnight occupancy, including supervisory staff, shall not exceed the amount
recommended by the City's Chief Building Official and Fire Marshal, subject to the conditions
below.
SECTION 3. Uses Authorized. Temporary overflow homeless shelter at the location
identified in Section 2 above is hereby authorized subject to the conditions listed in Section 4.
SECTION 4. Conditions.
a. The structure to be used for a temporary overflow homeless shelter use shall meet
all building code requirements for such use unless other reasonable means or
methods are approved by the City's Fire Marshal and/or the Chief Building Official,
which may include:
i. If the structure lacks the required fire sprinkler systems, the structure shall
meet all building code requirements except for installation for fire sprinkler
systems provided:
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1. A night watchman be on duty and awake to observe hazardous and
dangerous conditions between the hours of 10:00 pm and 7:00 am
the following morning, which person shall enforce no smoking
requirements of state law.
2. Each such location shall have hand-held fire extinguishers on the
premises as approved and directed by the Salt Lake City Fire
Marshal. All sleeping areas authorized and employed as emergency
shelter for individuals experiencing homelessness, under the
provisions of this declaration, shall have an occupancy load as
directed by the City's Fire Marshal.
3. Aisles, corridors, and exits shall be maintained unobstructed for the
purpose of egress and ingress to exits.
4. The City's Fire Marshal and the Chief Building Official will make
a reasonable effort to inspect the temporary overflow homeless
shelter(s) identified herein on a weekly basis.
b. The structure to be used for a temporary overflow homeless shelter shall meet all
building codes for such use or submit a plan to the City Building Official to provide
alternative means and methods for assuring life safety protection for such building
code provisions that cannot reasonably be met in lieu of strict adherence to such
building code provisions. A decision on whether a plan for alternative means and
methods under this section provides sufficient assurance for life safety protection
shall be made in the sole discretion of the Building Official and shall not be
appealable.
SECTION 5. Duration. This temporary zoning ordinance shall remain in effect until April
15, 2020 unless earlier amended, modified, or repealed.
SECTION 6. Effective Date. This ordinance shall become effective on publication.
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Passed by the City Council of Salt Lake City, Utah,this (114 day of January 2020.
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ATTEST: CHAIRPERSON
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Transmitted to Mayor on January 17, 2020
Mayor's Action: X Approved. Vetoed.
MAYOR
ATTEST:
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Ci?Y\� APPROVED AS TO FORM
E fly • Salt Lake City Attorney's Office
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't N 77`;_yKatherine N.Lewis,Salt Lake City Attorney
Bill No. 1 of 2020.
Published: January 21,• 2020.
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