026 of 2015 - Temporary Land Use Regulation (21A.33.070 and 21A.62.040); end of life care and respite care 0 15-1
0 15-10
SALT LAKE CITY ORDINANCE No.26 of 2015
(Temporary land use regulation amending
Subsections 21A.33.070 and 21A.62.040,Salt Lake City Code.)
An ordinance enacting a temporary land use regulation amending Subsections
21A.33.070 and 21A.62.040,Salt Lake City Code,pertaining to end of life care and respite care.
WHEREAS.Section 10-9a-504 of the Utah Code allows a municipality,without a public
hearing,to enact ordinances establishing temporary land use regulations for any part or all of the
municipality upon a finding of compelling,countervailing public interest made by the legislative
body;and
WHEREAS,this ordinance addresses a recently discovered regulatory gap in the city
code that could inadvertently compromise the health and safety of seriously ill persons in certain
group living situations and who may have limited mobility due to such illness or incomplete
recovery from such illness;and
WHEREAS,it is proposed that facilities,which independently provide end of life care
and respite care for persons who cannot provide for themselves due to serious illness,be subject
to the same regulations as other licensed facilities that provide similar services;and
WHEREAS,this ordinance allows an independently operated end of life care and
respite care facility to operate so long as it is licensed as an assisted living facility by the State of
Utah;and
WHEREAS,this ordinance will not affect facilities that provide end of life care and
respite care for seriously ill persons that are otherwise permitted under the Salt Lake City Code
and are licensed to provide such services.
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 expressly finds:
A.Various facilities and health care providers are licensed to offer end of life care
and respite care among the services for which they are licensed.Unlicensed facilities that
provide end of life care and respite care independently from a licensed facility,as
explained above,must be subject to similar regulations to assure the health and safety of
persons served by such unlicensed facilities.
B.The foregoing constitutes a compelling,countervailing public interest which
justifies the temporary land use regulation set forth in Section 3 below.
SECTION 2.Balancing of Public vs.Private Interests.The City Council further finds that
the effect of this temporary land use regulation on owners of private property,who may be
affected thereby,is outweighed by the public interest in protecting persons who may receive care
or services in facilities that would otherwise be unlicensed.
SECTION 3.Temporary zoning regulation.Notwithstanding any other ordinance which
the City Council may have adopted that may provide otherwise,from the effective date of this
ordinance and during the period of this temporary land use regulation,Subsection 21A.62.040,
Sall Lake City Code, shall be amended to modify and include the terms shown below.Other
defined terms in that subsection shall be unaffected by this ordinance.
DWELLING,ASSISTED LIVING FACILITY:A facility licensed by the state of Utah
that provides a combination of housing and personalized healthcare designed to respond
to the needs of individuals who require help with the activities of daily living,such as
meal preparation,personal grooming,housekeeping,medication,etc.Care,which may
include end of life care and respite care,is provided in a professionally managed group
living environment in a way that promotes maximum independence and dignity for each
resident.
DWELLING,ASSISTED LIVING FACILITY(LARGE):A facility licensed by the state
of Utah that provides a combination of housing and personalized healthcare designed to
respond to the individual needs of more than six(6)individuals who require help with the
activities of daily living,such as meal preparation,personal grooming,housekeeping,
medication,etc.Care,which may include end of life care and respite care,is provided in a
professionally managed group living environment in a way that promotes maximum
independence and dignity for each resident.
DWELLING,ASSISTED LIVING FACILITY(SMALL):A facility licensed by the state
of Utah that provides a combination of housing and personalized healthcare designed to
respond to the individual needs of up to six(6)individuals who require help with the
activities of daily living,such as meal preparation,personal grooming,housekeeping,
medication,etc.Care,which may include end of life care and respite care,is provided in a
professionally managed group living environment in a way that promotes maximum
independence and dignity for each resident.
ELEEMOSYNARY FACILITY:A facility operated by a nonprofit charitable
organization or government entity to provide temporary housing and assistance to
individuals who suffer from and are being treated for trauma,injury or disease and/or
their family members.Eleemosynary facilities are traditionally not funded wholly by
government but are usually supported by philanthropic,corporate and private funding.
The term"eleemosynary facility"does not include places of worship,social and
community services organizations,homeless shelters,community dining halls,group
homes,transitional victim homes,residential substance abuse treatment homes,assisted
living facilities,facilities providing end of life care or respite care,and other similar
nonprofit facilities and organizations.
END OF LIFE CARE:Care given to the terminally ill which includes medical,palliative,
psychosocial,spiritual,bereavement and supportive care,and treatment.
Subsection 21A.33.070,Salt Lake City Code,shall be amended to modify the table of permitted
and conditional uses for special purpose districts to include the following footnote for assisted
living facilities in the Institutional("I")zoning district:"Occupancy shall be limited to 25
persons in a facility providing end of life care and/or respite care.A facility which was legally
established prior to June 12,2015 shall be deemed a legal conforming use and shall not be
subject to this occupancy limit."
SECTION 4.Duration.This temporary land use regulation shall remain in effect for a
period of six(6)months from the effective date of this ordinance or until the effective date of City
Council action adopting revisions that supersede the foregoing amendments,whichever occurs
first.
SECTION 5.Effective date.This ordinance shall become effective upon publication.
Passed by the City Council of Salt Lake City,Utah,this 16th day of June,2015.
CHAIRP
ATTEST:
I -
CITY RECORDER
Transmitted to Mayor on June 17, 2015
Mayor's Action: )( Approved. Vetoed.
/111
MAYOR
ATTEST:
CITY RECORDER --
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(SEAL) -, .• Gj `i, APPROVED AS TO FORM
Date:
Bill No. 26 of 2015. ��'••. 'v - By /v//!`
Published: ,lunp 19, 2015. `o"Odiri , NE/G L/An)8e 5y