060 of 2017 - An ordinance amending various sections of Title 21A of the Salt Lake City Code pertaining to homeles 0 17-1
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SALT LAKE CITY ORDINANCE
No. 60 of 2017
(An ordinance amending various sections of Title 21A of the Salt Lake City Code
pertaining to homeless resource centers)
An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant to
Petition No. PLNPCM2016-00910 to modify regulations pertaining to homeless resource centers.
WHEREAS, the Salt Lake City Planning Commission held a public hearing on March 22,
2017 to consider a petition submitted by the Salt Lake City Council ("Applicant") (Petition No.
PLNPCM2016-00910) to amend Chapters 21A.33 (Zoning: Land Use Tables), 21A.36 (Zoning:
General Provisions), 21A.44 (Zoning: Off Street Parking, Mobility and Loading), 21A.55 (Zoning:
Planned Developments), 21A.60 (Zoning: List of Terms), and 21A.62 (Zoning: Definitions) of the
Salt Lake City Code to modify regulations pertaining to homeless resource centers; and
WHEREAS, at its March 22, 2017 meeting, the planning commission voted in favor of
transmitting a positive recommendation to the Salt Lake City Council on said petition; and
WHEREAS, after a public hearing on this matter the city council has determined that
adopting this ordinance is in the city's best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending the text of Salt Lake City Code Section 21A.33.030. That
Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted
and Conditional Uses for Commercial Districts), shall be and hereby is amended as follows:
a. Adding the use "Homeless resource center". That a new use category
titled, "Homeless resource center" shall be added to the Table of Permitted and
Conditional Uses for Commercial Districts, which use category shall be inserted into that
table in alphabetical order and shall read and appear in that table as follows:
Use Permitted and Conditional Uses by District
CN CB CS' CC CSHBD' CG TC- SNB
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Homeless resource C24
center
b. Amending the use"Homeless shelters". That the use category in the Table
of Permitted and Conditional Uses for Commercial Districts titled, "Homeless shelters"
shall be amended to read and appear in that table as follows:
Use Permitted and Conditional Uses by District
CN CB CS' CC CSHBD' CG TC- SNB
75
Homeless shelters C24
c. Adding a qualifying provision. That a new qualifying provision be added
to the Table of Permitted and Conditional Uses for Commercial Districts, which
qualifying provision shall be inserted in numerical order and shall read and appear as
follows:
24. Subject to conformance with the provisions of Section 21A.36.350 of this title, the
city may not prohibit construction of a homeless resource center or homeless shelter
if the site is approved by and receives funding through the State Homeless
Coordinating Committee, with the concurrence of the Housing and Community
Development Division within the Department of Workforce Services, in
accordance with Section 35A-8-604 of the Utah Code.
[Note to codifier: The qualiffing provision number(24) assigned herein is based on current numbering in
Section 21A.33.030 as of the date this draft is being transmitted by the City Attorney's Office. Intervening
action of the Salt Lake City Council may necessitate adjusting the number as appropriate.]
SECTION 2. Amending the text of Salt Lake City Code Section 21A.33.050. That
Section 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted
and Conditional Uses for Downtown Districts), shall be and hereby is amended as follows:
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a. Adding the use "Homeless resource center". That a new use category
titled, "Homeless resource center" shall be added to the Table of Permitted and
Conditional Uses for Downtown Districts, which use category shall be inserted into that
table in alphabetical order and shall read and appear in that table as follows:
Use Permitted and Conditional Uses by District
D-1 D-2 D-3 D-4
Homeless resource center C16 C16
b. Amending the use "Homeless shelters". That the use category in the Table
of Permitted and Conditional Uses for Downtown Districts titled, "Homeless shelters"
shall be amended to read and appear in that table as follows:
Use Permitted and Conditional Uses by District
D-1 D-2 D-3 D-4
Homeless shelter C16 C16
c. Adding a qualifying provision. That a new qualifying provision be added
to the Table of Permitted and Conditional Uses for Downtown Districts, which qualifying
provision shall be inserted in numerical order and shall read and appear as follows:
16. Subject to conformance with the provisions of Section 21A.36.350 of this title, the
city may not prohibit construction of a homeless resource center or homeless shelter if
the site is approved by and receives funding through the State Homeless Coordinating
Committee, with the concurrence of the Housing and Community Development
Division within the Department of Workforce Services, in accordance with Section
35A-8-604 of the Utah Code.
[Note to codifier: The qualifying provision number (16) assigned herein is based on current numbering in
Section 21A.33.050 as of the date this draft is being transmitted by the City Attorney's Office. Intervening
action of the Salt Lake City Council may necessitate adjusting the number as appropriate.]
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SECTION 3. Adopting Section 21A.36.350 of Salt Lake City Code. That a new Section
21A.36.350 of the Salt Lake City Code (Zoning: General Provisions: Qualifying Provisions for
Homeless Resource Center or Homeless Shelter), shall be and hereby is adopted and shall read as
follows:
21A.36.350: Qualifying Provisions for Homeless Resource Center or Homeless Shelter:
A. A Homeless resource center or homeless shelter may be allowed as a conditional use, as
identified in Chapter 21A.33 Land Use Tables, pursuant to the provisions of Chapter
21A.54 Conditional Uses of this title and the requirements of this section.
1. Limit the number of homeless persons who may occupy a homeless resource center
for overnight accommodations to a maximum of two hundred (200) homeless
persons.
a. Service provider staff shall not be included in this occupancy limit.
b. No homeless resource center shall exceed the maximum occupancy for overnight
accommodations for any reason, including on an overflow basis.
2. A security and operations plan shall be prepared by the applicant, and approved by
the Salt Lake City Police Department and Community and Neighborhoods
Department,prior to conditional use approval, and filed with the recorder's office. A
security and operations plan shall include:
a. A community relations and complaint response program that identifies specific
strategies and methods designed to maintain the premises in a clean and orderly
condition, minimize potential conflicts with the owners/operators and uses of
neighboring property, and prohibit unlawful behavior by occupants of the
homeless resource center or homeless shelter on the site or adjacent public right
of way. The community relations and complaint response program shall include
at least the following elements:
i. Identify a representative of the homeless resource center or homeless
shelter, including the representative's name, telephone number, and email,
who will meet with neighbors upon request to attempt to resolve any
neighborhood complaints regarding operation of the center;
ii. A dedicated twenty four hour telephone line for the purpose of receiving
complaints;
iii. Quarterly meetings with a community coordinating group, which shall be
open to the public, to discuss and address concerns and issues that may be
occurring as a result of the homeless resource center or homeless shelter
operation. The meetings shall be advertised at least ten (10) days in
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advance by posting notice on the operator's website and a sign posted
along the public street;
iv. Representatives from each of the following shall be included in the
community coordinating group;
(1) the homeless resource center or homeless shelter,
(2) a business located within '/4 mile of the site,
(3) a resident who lives within 1/4 mile of the site,
(4) a school, if any, located within 1/4 mile of the site;
(5) chair of the community council, or designee, whose boundary
encompasses the site;
(6) an individual who has previously received or is currently receiving
services (i.e., client) from a homeless resource center or homeless
shelter; and
v. A written annual report, provided on or before February 15th of each year,
from the operator of the homeless resource center or homeless shelter,
provided to the city planning director and to the city council member in
whose district the homeless resource center or homeless shelter is located,
which includes the following information:
(1) List of individuals who have participated in the community
coordinating group meetings;
(2) A summary of each community coordinating group meeting;
(3) A summary of complaints received from the community by the
operator of the homeless resource center or homeless shelter; and
(4) An explanation of how complaints have been addressed/resolved.
b. A complaint response community relations program that includes strategies and
methods designed to maintain the premises in a clean and orderly condition,
minimize potential conflicts with the owners/operators and uses of neighboring
property, and prohibit unlawful behavior by occupants of the homeless resource
center or homeless shelter on the site or adjacent public right of way.
c. A provision requiring a representative of the homeless resource center or
homeless shelter to meet with neighbors upon request to attempt to resolve any
neighborhood complaints regarding operation of the center;
d. A provision requiring continuous on-site security and emergency services, which
includes professional security personnel, monitored security cameras, trained
emergency responders, and emergency alert systems.
e. A plan to maintain noise levels in compliance with Chapter 9.28 of this code;
f. Design requirements that ensure any areas for queuing take place within the
footprint of the principal building and will not occur on any public street or
sidewalk;
g. Designation of a location for smoking tobacco outdoors in conformance with state
laws;
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h. A provision stating that any trash strewn on the premises be collected and
deposited in a trash receptacle by six o'clock (6:00) A.M. the following day,
including any smoking and parking lot areas;
i. A provision stating that portable trash receptacles on the premise be emptied daily
and that other receptacles be emptied at a minimum of once per week or as
needed.
The owner of property on which a homeless resource center or homeless shelter is
located shall ensure that the operator complies with the requirements of this
Subsection A.2.
3. The applicant shall demonstrate how the building and site is designed to prevent
crime based on the following principles. However, the planning commission may
require modification of the proposed building and site plans if it determines that the
plans do not sufficiently address each of these principles:
a. Natural Surveillance:
(1) The building includes windows and doors in sufficient quantities and locations
that allow people inside the building to see all exterior areas of the site;
(2) Lighting is sufficient to illuminate building site, entrances, and access points
from public streets and sidewalks to the building;
(i) Exterior public and private areas shall be illuminated at a minimum rating
of 1 foot-candle, and parking lots shall be illuminated at a minimum rating
of 3 foot-candles.
(ii) Exterior lighting shall be shielded to control light pollution and prevent
glare, and utilize light emitting diodes or metal-halide filaments.
(3) Landscaping is arranged on the site in a manner that does not create hidden
spaces or block sight lines between the building, public spaces, parking areas
and landscaped areas.
b. Natural Access Control:
(1) Buildings include direct walkways from the public sidewalk to the primary
building entrances;
(2) Walkways are provided to guide people from the parking areas to primary
building entrances;
(3) Low growing landscape, low walls, curbing, or other means are used to guide
pedestrians along walkways;
(4) All walkways are properly illuminated and all illumination on the site is
shielded to direct light down and away from neighboring properties;
(5) Building entrances are clearly identified with universally accessible signs.
c. Territorial Reinforcement:
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(1) Landscaped areas along the perimeter of the site, which are not visible from
the building or public spaces, shall include mechanisms to restrict access
outside daylight hours;
(2) Parking areas are secured outside of daylight hours;
(3) A decorative masonry wall that is a minimum of six feet (6') high shall be
provided along all interior side and rear lot lines. Walls in excess of six feet
may be approved by the planning commission as a special exception if it
determines a taller wall is necessary to mitigate a detrimental impact created
by the homeless resource center or homeless shelter;
(4) A fence no taller than three feet(3') high, and does not create a visible barrier,
shall be placed near the front property line to mark the transition from public
space to private space;
(5) If the zoning district does not require a landscape buffer, the planning
commission may nevertheless establish appropriate landscape buffering
requirements as a condition of approval to mitigate reasonably anticipated
detrimental effects of the proposed use.
d. Maintenance:
(1) The building and site are maintained free from graffiti, litter, garbage, and
other items that constitute a nuisance;
(2) The building is maintained in good repair and all property damage is
repaired in a timely manner;
(3) All fencing, walls, paving, walkways and other site features are maintained
in good repair, and free from obstruction.
e. A homeless resource center or homeless shelter shall comply with all applicable
building and zoning regulations.
SECTION 4. Amending the text of Salt Lake City Code Section 21A.44.030.G. That
Section 21A.44.030.G of the Salt Lake City Code (Zoning: Off Street Parking, Mobility and
Loading: Number of Off Street Parking Spaces Required: Table 21A.44.030), shall be and
hereby is amended as follows:
a. Adding the use "Homeless resource center". That a new use under the
Institutional category titled, "Homeless resource center" shall be added to the Schedule of
Minimum Off Street Parking Requirements, which use category shall be inserted into that
table in alphabetical order and shall read and appear in that table as follows:
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Institutional
Homeless resource center 1 parking space for every 10 beds
b. Amending the use "Homeless shelters". That the use category under the
Institutional category titled, "Homeless shelters" shall be amended in the Schedule of
Minimum Off Street Parking Requirements to read and appear in that table as follows:
Institutional
Homeless shelter 1 parking space for every 10 beds
SECTION 5. Amending the text of Salt Lake City Code Section 21A.55.030. That
Section 21A.55.030 of the Salt Lake City Code (Zoning: Planned Developments: Authority to
Modify Regulations), shall be and hereby is amended to read as follows:
21A.55.030 Authority to Modify Regulations:
In approving any planned development, the planning commission may change, alter, modify
or waive any provisions of this title or of the city's subdivision regulations as they apply to the
proposed planned development; however, additional building height may not be approved in
the FR, R-1, SR, or R-2 zoning districts, and the maximum occupancy limit for a homeless
resource center may not be changed,altered,modified,or waived. In zoning districts other than
the FR, R-1, SR, or R-2 districts, the planning commission may approve up to five feet (5')
maximum of additional building height in accordance with the provisions of this title if it
further achieves one or more of the objectives in sSection 21A.55.010 of this chapter.
SECTION 6. Amending the text of Salt Lake City Code Section 21A.60.020. That
Section 21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms),
shall be and hereby is amended to insert the term "Homeless resource center", which term shall
be inserted in the list of defined terms in alphabetical order and shall read as follows:
Homeless resource center.
[The codifier is instructed to only insert the term "Homeless resource center" at this time and not make
any other modifications to Section 21A.60.020 as part of this ordinance.]
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SECTION 7. Amending the text of Salt Lake City Code Section 21A.62.040. That
Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall
be and hereby is amended as follows:
a. Adding the definition of"HOMELESS RESOURCE CENTER". That a
new definition, "HOMELESS RESOURCE CENTER", shall be added to the Definitions
of Terms, which definition shall be inserted into Section 21A.62.040 in alphabetical order
and shall read as follows:
HOMELESS RESOURCE CENTER: A building or portion thereof in which co-
located supportive services such as sleeping, bathing, eating, laundry facilities, and
housing case management is provided on an emergency basis for individuals
experiencing homelessness. Additional services may include preparation and
distribution of food; medical care and treatment; behavioral and mental health
counseling; employment counseling; educational instruction, and vocational training.
b. Amending the definition of"ELEEMOSYNARY FACILITY". That the
definition, "ELEEMOSYNARY FACILITY", shall be amended to read as follows:
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, homeless resource centers,
community dining halls, group home dwellings, residential support dwellings, and
other similar facilities.
c. Amending the definition of"HOMELESS SHELTER". That the
definition, "HOMELESS SHELTER", shall be amended to read as follows:
HOMELESS SHELTER: A building or portion thereof in which sleeping
accommodations are provided on an emergency basis for individuals experiencing
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homelessness. Any homeless shelter that began operation on or before January 1,2016,
may operate year round in accordance with Section 10-9a-526 of the Utah Code.
[The codifier is instructed to only make the above revisions to Section 21A.62.040 at this time and not make
any other modifications to that section as part of this ordinance.]
SECTION 8. Effective Date. This ordinance shall become effective on the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah, this 21 day of November
2017.
• CHAI ERSON
ATT )AND 991TFTERSIG
C2s //C'1/
CITY RECORDER
Transmitted to Mayor on December 7, 2017 •
Mayor's Action: Approved. Vetoed.
, MA OR
610/ �' '�!� , „ITY RECORD '7.••
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APPROVED AS TO FORM
% 'N Salt Lake City Attomey's Office
Bill No. 60 of 2017. \�R: • (<)7."'
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Published: December 15, 2017. "r+++ Date: 6
By:
Pa I C.Nie so ,S nior City Attorney
HB ATTY-#60647-v9-Ordinance_Homeless_Resource_Centers.docx
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