038 of 1999 - Amending the Salt Lake City Zoning Code regarding the approval process for halfway homes, residentiaSALT LAKE CITY ORDINANCE
No. 38 of 1999
(Amending the Salt Lake City Zoning Code regarding
the approval process for halfway homes, residential substance abuse
treatment homes, transitional treatment homes,
transitional victim homes and group homes)
AN ORDINANCE AMENDING THE SALT LAKE CITY ZONING CODE
RECLASSIFYING HALFWAY HOMES, RESIDENTIAL SUBSTANCE ABUSE
TREATMENT HOMES, TRANSITIONAL TREATMENT HOMES, TRANSITIONAL
VICTIM HOMES, AND LARGE GROUP HOMES AS CONDITIONAL USES RATHER
THAN PERMITTED USES IN ALL COMMERCIAL, DOWNTOWN AND GATEWAY
ZONING DISTRICTS; AND ALLOWING SMALL GROUP HOMES AS PERMITTED USES
WHEREVER DWELLINGS ARE PERMITTED, PURSUANT TO PETITION NO. 400-99-02.
WHEREAS, there have been ongoing concerns regarding the compatibility of halfway
homes, residential substance abuse treatment homes, transitional treatment homes, transitional
victim homes, and large group homes in commercial, downtown and gateway districts; and
WHEREAS, if not properly regulated, these uses may contribute to vagrancy, vandalism,
and other criminal activities that threaten the public health, safety and welfare of property owners
and citizens in commercial, downtown and gateway districts where there is often not a property
owner presence or surveillance after business hours; and
WHEREAS, the impact of the uses stated above in commercial, downtown and gateway
zoning districts needs to be reviewed and assessed in granting approval for such uses; and
WHEREAS, commercial, downtown and gateway districts may not provide the
residential infrastructure necessary to support a residential environment; and
WHEREAS, Utah State law requires that small group homes be allowed in any zone
where other dwellings are allowed; and
WHEREAS, the City Council of Salt Lake City, Utah finds after public hearings before
its own body and before the Planning Commission that the procedure for authorizing halfway
homes, residential substance abuse treatment homes, transitional treatment homes, transitional
victim homes, and large group homes in commercial, downtown and gateway districts should be
modified to provide greater review and analysis in order to assure that the proposed use is
compatible with the existing community; and
WHEREAS, the City Council of Salt Lake City, Utah, finds that after public hearings
before its own body and before the Planning Commission that portions of the Salt Lake City
zoning code should be amended to allow small group homes as permitted uses where other
dwellings are allowed; and
WHEREAS, the City Council has determined that such amendments to the Salt Lake City
zoning code are in the best interest of the City;
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 21A.36.070 C, D and E of the Salt Lake City Code shall be
and hereby is amended to read as follows:
C. Small Group Homes -Authorized as Peiiiiitted Uses. Small group homes
shall be permitted as either principal or accessory uses pursuant to subsection B of
this section in the FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, SR-1,
SR-3, R-2, RMF-30, RMF-35, RMF-45, RMF-75, RB, RMU, RO, CN, CB, CC,
CS, C-SHBD, CG, D-1, D-2, D-3, D-4 and G-MU districts provided:
1. No small group home shall be located within eight hundred feet of another
group home; and
2. Small group homes established in the RB and RO districts shall be located
above the ground floor.
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D. Large Group Homes -Authorized as Conditional Uses. Large group homes, as
either principal or accessory uses, may be allowed as conditional uses pursuant to
the provisions of Part V, Chapter 21A.54 Conditional Uses, and pursuant to
subsection B of this section in the RMF-30, RMF-35, RMF-45, RMF-75, RB, R-
MU, RO, CC, CG, D-2, D-3 and G-MU districts provided:
1. No large group home shall be located within eight hundred feet of another
group home; and
2. Large group homes established in the RB and RO districts shall be located
above the ground floor.
SECTION 2. Section 21A.36.080 C, D, E and F of the Salt Lake City Code shall be and
hereby is amended to read as follows:
C. Small Transitional Victim Homes -Authorized as Permitted Uses. Small
transitional victim homes shall be permitted as either principal or
accessory uses pursuant to subsection B of this section in the RMF-75,
RMU and RO districts provided:
1. No small transitional treatment home shall be located within eight hundred
feet of another transitional victim home, residential substance abuse
treatment home, transitional treatment home or halfway home.
2. Small transitional victim homes established in RO districts shall be located
above the ground floor.
D. Small Transitional Victim Homes -Authorized as Conditional Uses. Small
transitional victim homes, as either principal or accessory uses, may be
allowed as a conditional use, pursuant to the provisions of Part V, Chapter
21A.54, Conditional Uses and pursuant to subsection B of this section in
the RMF-35, RMF-45, CC, CG, D-2, D-3, and G-MU districts provided:
1. No small transitional victim home shall be located within eight hundred
feet of another transitional victim home, residential substance abuse
treatment home, transitional treatment home or halfway home.
E. Large Transitional Victim Homes -Authorized as Conditional Uses. Large
transitional victim homes, as either principal or accessory uses, may be
allowed as a conditional use, pursuant to the provisions of Part V, Chapter
21A.54, Conditional Uses, and pursuant to subsection B of this section in
the RMF-45, RMF-75, RMU, RO, CC, CG, D-2, D-3, and G-MU districts
provided:
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1. No large transitional victim home shall be located within eight hundred
feet of another transitional victim home, residential substance abuse
treatment home, transitional treatment home or halfway home; and
2. Large transitional victim homes established in RO districts shall be
located above the ground floor.
SECTION 3. Section 21A.36.090 C, D, E and F of the Salt Lake City Code shall be and
hereby is amended to read as follows:
C. Small Transitional Treatment Homes -Authorized as Conditional Uses.
Small transitional treatment homes, as either principal or accessory uses,
may be allowed as a conditional use, pursuant to the provisions of Part V,
Chapter 21A.54, Conditional Uses, and pursuant to subsection B of this
section in the RMF-35, RMF-45, RMF-75, RMU, RO, CC, CG, D-2, D-3,
and G-MU districts provided:
1. No small transitional treatment home shall be located within eight hundred
feet of another transitional treatment home, residential substance abuse
treatment home, transitional treatment home or halfway home; and
2. A small transitional treatment home established in the RO district shall be
located above the ground floor.
D. Large Transitional Treatment Home -Authorized as Conditional Uses.
Large transitional treatment homes, may be allowed as either principal or
accessory uses, as a conditional use pursuant to the provisions of Part V, Chapter
21A.54, Conditional Uses, and pursuant to subsection B of this section in the
RMF-45, RMF-75, RMU, RO, CC, CG, D-2, D-3, and G-MU districts provided:
1. No large transitional treatment home shall be located within eight hundred
feet of another transitional treatment home, residential substance abuse treatment
home, transitional treatment home or halfway home; and
2. A large transitional treatment home established in the RO district shall be
located above the ground floor.
SECTION 4. Section 21A.36.100 C, D, E and F of the Salt Lake City Code shall be and
hereby is amended to read as follows:
C. Small Residential Substance Abuse Treatment Homes -Authorized as
Permitted uses. Small residential substance abuse treatment homes shall be
permitted as either principal or accessory uses pursuant to subsection B of this
section in the RMF-75, RMU and RO districts provided:
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1. No small residential substance abuse treatment home shall be located
within eight hundred feet of another residential substance abuse treatment home,
transitional victim home, transitional treatment home or halfway home; and
2. A small residential substance abuse treatment home established in RO
Districts shall be located above the ground floor.
D. Small Residential Substance Abuse Treatment Homes -Authorized as
Conditional Uses. Small residential substance abuse treatment homes, as either
principal or accessory uses, may be allowed as a conditional use pursuant to the
provisions of Part V, Chapter 21A.54, Conditional Uses, and pursuant to
subsection B of this section in the RMF-35, RMF-45, CC, CG, D-2, D-3 and G-
MU districts provided:
1. No small residential substance abuse treatment home shall be located
within eight hundred feet of another residential substance abuse treatment home,
transitional victim home, transitional treatment home or halfway home.
E. Large Residential Substance Abuse Treatment Homes -Authorized as
Conditional Uses. Large residential substance abuse treatment homes, as either
principal or accessory uses, may be allowed as a conditional use pursuant to the
provisions of Part V, Chapter 21A.54, Conditional Uses, and pursuant to
subsection B of this section in the RMF-45, RMF-75, RMU, RO, CC, CG, D-2,
D-3, and G-MU districts provided:
1. No large residential substance abuse treatment home shall be located
within eight hundred feet of another residential substance abuse treatment home,
transitional victim home, transitional treatment home or halfway home;
2. A small residential substance abuse treatment home established in RO
districts shall be located above the ground floor.
SECTION 5. Section 21A.36.110 of the Salt Lake City Code shall be and hereby is
amended to read as follows:
21A.36.110 Halfway Homes
A halfway home, as either a principal or accessory use, as defined in Part VI,
Chapter 21A.62, Definitions, may be allowed as a conditional use pursuant to the
provisions of Part V, Chapter 21A.54, Conditional Uses, in the CG district
provided it complies with all of the requirements of the particular zoning district,
the general standards set forth in Part IV, all other requirements of this title and
provided:
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A. No halfway home shall be located within eight hundred feet of another
halfway home, residential substance abuse treatment home, transitional victim
home or transitional treatment home.
SECTION 6. The table located at Section 21A.26.080 of the Salt Lake City Code entitled
"Table of Permitted and Conditional Uses for Commercial Districts," shall be and hereby is
amended, in part, to read as set forth on Exhibit "A" attached hereto.
SECTION 7. The table located at Section 21A.30.050 of the Salt Lake City Code entitled
"Table of Permitted and Conditional Uses for Downtown Districts," shall be and hereby is
amended, in part, to read as set forth on Exhibit "B" attached hereto.
SECTION 8. The table located at Section 21A.31.050 of the Salt Lake City Code entitled
"Table of Permitted and Conditional Uses in Gateway Districts," shall be and hereby is amended,
in part, to read as set forth on Exhibit "C" attached hereto.
SECTION 9. Effective Date. This ordinance shall take effect immediately upon its first
publication.
Passed by the City Council of Salt Lake City, Utah this 17th day of
June , 1999.
ATTEST:
IEF DEPUTY CI R ORDER
Transmitted to Mayor on June 17, 1999
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Mayor's Action: XX Approved Vetoed.
MAYOR
ATTEST AND COUNTERSIGN:
RE ORDER
(SEA i'\oP,po • �k
Bill No. 38 of 1999.
Published: June 18, 1999
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EXHIBIT A
"Table of Permitted and Conditional Uses for Commercial Districts"
Table 21A.26.080
COMMERCIAL DISTRICTS
C= Conditional Use
P= Permitted Use
Permitted and Conditional Uses by District
Commercial Districts
Residential
CN
CB
CC
CS*
CSHBD*
CG
Group home, small (See part IV, Section
21A.36.070) above or below first story office,
retail and commercial uses or on the first
story, as defined in the Uniform Building
Code where the unit is not located adjacent to
the street frontage. *
P
P
P
P
P
P
Group home, large (See Pat IV, Section
21 A.36.070)
C
C
Halfway Homes (See Part IV, Section
21 A.36.1 10
C
Residential substance abuse treatment home,
small (See Part IV, Section 21A.36.100)
C
C
Residential substance abuse treatment home,
large (See Part IV, Section 21A.36.100)
C
C
Transitional treatment home, small (See part
IV, Section 21A.36.090)
C
C
Transitional treatment home, large (See Part
IV, Section 21 A.36.090)
C
C
Transitional victim home, small (*See Part IV,
Section 21A.36.080)
C
C
Transitional victim home, large (See Part IV,
Section 21A.36.080)
C
C
EXHIBIT B
"Table of Permitted and Conditional Uses for Downtown Districts"
Table 21A.30.050
DOWNTOWN DISTRICTS
C= Conditional Use
P= Permitted Use
Permitted and Conditional Uses by District
Downtown Districts
Residential
D-1
D-2
D-3
D-4
Group home, small (See part IV, Section
21A.36.070) above or below first story office,
retail and commercial uses or on the first
story, as defined in the Uniform Building
Code where the unit is not located adjacent to
the street frontage. *
P
P
P
P
Group home, large (See Pat IV, Section
21 A.36.070)
C
C
Residential substance abuse treatment home,
small (See Part IV, Section 21A.36.100)
C
C
Residential substance abuse treatment home,
large (See Part IV, Section 21A.36.100)
C
C
Transitional treatment home, small (See part
IV, Section 21A.36.090)
C
C
Transitional treatment home, large (See Part
IV, Section 21A.36.090)
C
C
Transitional victim home, small (*See Part IV,
Section 21 A.36.080)
C
C
Transitional victim home, large (See Part IV,
Section 21A.36.080)
C
C
EXHIBIT C
"Table of Permitted and Conditional Uses for Gateway Districts"
Table 21A.31.050
GATEWAY DISTRICTS
C= Conditional Use
P= Permitted Use
Permitted and
Conditional Uses by
District
Gateway Districts
Residential
G-MU
Group home, small (See part IV, Section 21A.36.070) above or below first
story office, retail and commercial uses or on the first story, as defined in the
Uniform Building Code where the unit is not located adjacent to the street
frontage. *
P
Group home, large (See Pat IV, Section 2IA.36.070)
C
Residential substance abuse treatment home, small (See Part IV, Section
21A.36.100)
C
Residential substance abuse treatment home, large (See Part IV, Section
21 A.36. 100)
C
Transitional treatment home, small (See part IV, Section 21A.36.090)
C
Transitional treatment home, large (See Part IV, Section 21A.36.090)
C
Transitional victim home, small (*See Part IV, Section 21A.36.080)
C
Transitional victim home, large (See Part IV, Section 21A.36.080)
C