Proposed Ordinance - 10/20/2021SALT LAKE CITY ORDINANCE
No. ____ of 2021
(An Ordinance Enacting Temporary Zoning Regulations Authorizing
Temporary Overflow Homeless Shelter Use at Approximately 235 South Rio Grande)
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;
WHEREAS, in late 2019 three new shelter sites funded significantly by the State of Utah
(the “three new shelters”) were open to provide a new dispersed model for providing sleeping
accommodations and resources for individuals experiencing homelessness;
WHEREAS, Salt Lake City (“City”), Salt Lake County (“County”), the State of Utah
(“State”), and community organizations have worked cooperatively over the past five years to
address the rise in numbers of persons experiencing homelessness;
WHEREAS, despite the efforts at various levels of government, the number of individuals
experiencing homelessness and the efforts to address the needs of those experiencing homelessness
has been compounded by the economic, humanitarian, and public health crisis stemming from the
global COVID-19 pandemic, the affordable housing crises, the ongoing opioid epidemic, and other
various rising social crises that create economic disparities;
WHEREAS, the City is committed to ensuring that all people have access to shelter during
these winter months when cold temperatures are often extreme during the night in the Salt Lake
Valley;
WHEREAS, exposure to extreme cold temperatures can cause death, and in the past has
caused deaths among unsheltered persons experiencing homelessness in Salt Lake City;
WHEREAS, in order to mitigate the spread of COVID-19 among those experiencing
homelessness it is necessary to promote social distancing practices and avoid over concentrating
any one particular shelter location with those individuals experiencing homelessness;
WHEREAS, the City Council desires to allow: for a period not to exceed 6 months
overnight sleeping accommodations provided on an emergency basis when additional shelter beds
beyond those provided by the three new shelters is necessary to provide shelter to individuals
experiencing homelessness (a “temporary overflow homeless shelter use”) at 235 South Rio
Grande subject to the provisions herein;
WHEREAS, the Salt Lake City Council finds that authorizing additional space where a
temporary overflow homeless shelter use is allowed encourages and further promotes responsible
social distancing practices among the population experiencing homelessness, especially during the
winter months when individuals tend to remain indoors for the significant portions of each day;
WHEREAS, the Salt Lake City Council finds that protecting lives from the potentially
deadly consequences of severe winter weather and providing responsible socially distant housing
for the City’s unsheltered population during the pandemic constitutes a compelling, countervailing
public interest which justifies a temporary land use regulation;
WHEREAS, the City Council intends for this temporary ordinance to be
effective only during the 2021-2022 winter season;
WHEREAS, the City Council encourages the State, County, public interest groups, other
cities, and community organizations to continue to work together with the City to proactively
address the causes and effects of the myriad of social, economic, humanitarian, and public health
crises that continue to increase the number of individuals experiencing homelessness and
compound the efforts to address the needs of those experiencing homelessness; and
WHEREAS, the City Council encourages other cities in the state to permit shelter locations
in their community.
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 protecting lives from the potentially
deadly consequences of severe winter weather and providing safe, socially distant housing for the
City’s unsheltered population during the pandemic constitutes a compelling, countervailing public
interest sufficient to justify these temporary land use regulations.
SECTION 2. Location. These temporary land use regulations shall apply to the
property located at approximately 235 South Rio Grande Street.
SECTION 3. Uses Authorized. A temporary overflow homeless shelter use at the
location identified in Section 2 above is hereby authorized subject to the conditions listed in
Section 4.
SECTION 4. Conditions. The temporary use of the location for an overflow shelter is
authorized subject to the following:
a. The structure to be used for temporary overflow homeless shelter use shall meet
all building and fire code requirements for such use unless other reasonable
means or methods are approved, in writing, by the Fire Marshal and the Chief
Building Official. 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 Fire
Marshall and shall not be appealable.
b. The overnight occupancy, including supervisory staff, shall not exceed the
occupancy limits identified in a temporary certificate of occupancy issued by
the City. Such temporary certificate of occupancy must be issued prior to any
overnight occupancy of the building.
c. The temporary overflow homeless shelter use may operate only during the
hours of 7:00PM and 6:30AM.
d. Comply with the Security and Operations Plan attached hereto as “Exhibit A”
and incorporated by reference.
SECTION 5. Duration. This temporary zoning ordinance shall remain in effect until April
15, 2022 unless earlier amended, modified, or repealed.
SECTION 6. Effective Date. This Ordinance shall take effect immediately after it has been
published in accordance with Utah Code §10-3-711 and recorded in accordance with Utah Code
§10-3-713.
Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 2021.
______________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2021.
Published: ______________.
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: _________________________________
By: ___________________________________
Hannah Vickery, Senior City Attorney
By: ___________________________________
Paul Nielson, Senior City Attorney
10/18/2021
EXHIBIT A
SECURITY AND OPERATIONS PLAN