Signed Ordinance - 11/18/2021SALT LAKE CITY ORDINANCE
No. _ _ of 2021
(An Ordinance Enacting Temporary Zoning Regulations Authorizing
Temporary Overflow Homeless Shelter Use at 1659 West North Temple Street)
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, 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; and
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; and
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; and
WHEREAS, homelessness is not an issue to be addressed only by those municipalities
where shelters are currently located; and
WHEREAS, the City is hopeful that other local governments in the Salt Lake Valley and
surrounding areas will acknowledge that all jurisdictions have an obligation to shelter those who
are experiencing homelessness and will do their part to achieve solutions to the challenges
presented by homelessness; and
WHEREAS, the City finds that it is critical for the State to increase funding for
mitigation of homelessness-related impacts and urges the State to do so, potentially from a
source other than the centralized mitigations funds; and
WHEREAS, assistance from other jurisdictions’ law enforcement agencies such as the
Utah Highway Patrol and the Salt Lake County Sheriff/Unified Police District to patrol the area
near the proposed temporary overflow homeless shelter would help to alleviate the burden on
Salt Lake City Police Department resources, in light of the issue’s regional significance; and
WHEREAS, before the effective date of this ordinance, the operator of the proposed
temporary overflow homeless shelter (“Operator”) located at 1659 West North Temple Street
(“Property”) will provide a commitment to the City that, by mid-March, Operator will forward a
plan to the appropriate State entities to request funding to shelter persons experiencing
homelessness during winter 2022 that does not include emergency overflow shelter in Salt Lake
City; and
WHEREAS, the City is committed to ensuring that persons experiencing homelessness
have access to shelter during these winter months when cold temperatures are often extreme
during the night in the Salt Lake Valley; and
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 and other
nearby communities; and
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; and
WHEREAS, the City Council desires to allow: for a period not to extend past April 15,
2022, overnight sleeping accommodations at 1659 West North Temple Street 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”), subject to the provisions herein; and
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; and
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; and
WHEREAS, the Salt Lake City Council intends for this temporary ordinance to be
effective only during the 2021-2022 winter season and only until April 15, 2022; and
WHEREAS, the Salt Lake 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 Salt Lake City Council encourages other cities in Utah to permit shelter
locations in their communities; and
WHEREAS, the Salt Lake City Council understands the County, State, Service
Providers and other stakeholders are currently working on plan to identify potential locations in
Salt Lake Valley for a permanent overflow facility, Salt Lake City encourages stakeholder to
diligently work to have this plan be fully funded and implemented in time for next winter; and
WHEREAS, the Operator and Community Stakeholders have committed to applying for
funding to pay the additional costs the City will incur due to the increased police patrols that will
be needed in the area to maintain public safety; and
WHEREAS other governmental entities are being encouraged to provide support in the
form of funds or staffing to assist with public safety.
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 1659 West North Temple Street which is currently operated as a motel.
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/or 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/or Fire Marshall and shall not be appealable.
b. The Provider will maintain a staff to client ratio of about 1 staff to 25 clients
during daily periods of peak activity, always ensuring compliance with
minimums set forth in state licensing code. Overflow operator will notify the
city when staffing levels may drop below approved ratios and provide plans to
maintain safety and security until levels can be regained. Security guards may
not be counted as part of this staffing ratio.
c. The overnight occupancy, including supervisory staff, shall not exceed the
occupancy limits identified in a temporary certificate of occupancy issued by
the City, but in no case shall the number of overnight occupants exceed 250
individuals, excluding staff. In cases where, due to extreme weather and lack
of available beds in the emergency system, the Operator may increase the
number of sleeping accommodations in predetermined spaces in the facility
overnight up to the maximum occupancy allowed by the Fire Marshal.
Operator must report the use of additional spaces to Salt Lake City Mayor’s
Office, the Salt Lake City Council Office, and City’s Chief Building Official
within 24 hours of the Operator utilizing the additional sleeping
accommodations. Such temporary certificate of occupancy must be issued
prior to any overnight occupancy of the building.
d. Operator shall submit a security and operations plan that meets the
requirements set forth in Subsection 21A.36.350.A.2 of the Salt Lake City
Code. In addition to the requirements in that subsection, the security and
operations plan shall address the impacts of the proposed temporary overflow
homeless shelter for up to ¼ mile from the Property, and identify actions to
mitigate those impacts including, but not limited to:
i. Employing two to three security personnel 24 hours per day, 7 days
per week to regularly patrol the premises of the Property;
ii. Coordinating with law enforcement agencies to patrol public areas
within a ¼ mile radius of the facility;
iii. Documenting security patrols, which shall demonstrate an increase in
the current level of service; and
iv. Communicating with the Salt Lake City Police Department frequently
including coordinating with the SLCPD’s use of CompStat
information to ensure public nuisance issues are mitigated.
e. Operator shall obtain or prepare a CPTED review of the Property.
f. Operator shall obtain or prepare a fire structural review for long term
residents.
g. The temporary overflow homeless shelter shall ensure that fencing is installed
on the Property to provide controlled access to areas where patrons of the
temporary shelter will stay. Installed fencing may be up to 6 feet tall in all
areas of the Property during the period that this temporary land use is in
effect, but any fencing that exceeds allowable fence heights or otherwise do
not comply with the requirements set forth in Salt Lake City Code Section
21A.40.120 shall be removed on April 15, 2022.
h. The Operator shall require all patrons of the temporary overflow homeless
shelter to check in and check out and maintain an accurate log of those staying
at the facility.
i. The Operator shall require all visitors to patrons of the temporary overflow
homeless shelter to register with the main officer when entering and existing
the facility and are subject to possession being searched.
j. The Operator will provide two to three meals per day to residents of the
facility.
k. The Operator will provide onsite laundry services for clients of the facility.
l. The Operator will provide a shuttle to help transport clients to other services
and providers they need to visit.
m. Operator shall not receive a temporary certificate of occupancy until the
fencing described herein is installed and a security and operations plan
described above is approved in accordance with Salt Lake City Code Section
21A.36.350.
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: ______________.
TLUR overflow shelter Ramada 11.16.2021
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: _________________________________
By: ___________________________________
Paul Nielson, Senior City Attorney