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Legislative Version Ordinance - 2/11/2022 LEGISLATIVE DRAFT SALT LAKE CITY ORDINANCE 1 No. _____ of 2022 2 3 (An ordinance amending various sections of Title 21A of the Salt Lake City Code pertaining to 4 homeless resource center and homeless shelter text amendments) 5 6 An ordinance amending various Sections of Title 21A of the Salt Lake City Code pertaining to 7 homeless resource center and homeless shelter text amendments pursuant to Petition No. 8 PLNPCM2021-01033. 9 WHEREAS, on October 4, 2021, Mayor Erin Mendenhall (the “Mayor”) initiated a 10 petition, Petition No. PLNPCM2021-01033, to consider, among other things, a text amendment to 11 the Salt Lake City Code to prohibit new future homeless shelters or homeless resources centers in all 12 zoning districts in the city; 13 WHEREAS, the Mayor initiated the petition pursuant to City ordinance, thereby, invoking 14 the pending ordinance doctrine recognized by Utah Code Section 10-9a-509 to prohibit new 15 homeless shelters and homeless resource centers in the city; 16 WHEREAS, the Salt Lake City Planning Commission (the “Planning Commission”) held a 17 public hearing on January 12, 2022 to consider the aforementioned portion of the request initiated by 18 the Mayor to amend the Salt Lake City Code to prohibit new homeless shelters and homeless 19 resource centers within the city; and 20 WHEREAS, at its January 12, 2022 hearing, the Planning Commission voted to forward a 21 negative recommendation on the proposal related to the petition before it; and 22 WHEREAS, the Salt Lake City Council desires, for the time being, to prohibit new 23 homeless shelters and homeless resource centers; and 24 WHEREAS, the Salt Lake City Council finds, after holding a public hearing on this 25 matter, that adopting this ordinance is in the city’s best interests. 26 LEGISLATIVE DRAFT NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 27 SECTION 1. Amending the Text of Salt Lake City Code Subsection 21A.33.010.C. 28 That Subsection 21A.33.010.C of the Salt Lake City Code shall be and hereby is amended to 29 read as follows: 30 C. Uses Not Permitted: Any use specifically listed without a "P" or a "C" designated in the table 31 of permitted and conditional uses for a district shall not be allowed in that zoning district. Any 32 use not specifically permitted or conditionally permitted in the table of permitted and conditional 33 uses for the specific zoning district is prohibited. Only uses listed as a “P” or a “C” in the table of 34 permitted and conditional uses for a district shall be allowed where designated. 35 SECTION 2. Amending the Text of Salt Lake City Code Section 21A.33.030. That Section 36 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional 37 Uses for Commercial Districts) shall be and hereby is amended to modify only the following rows in the 38 table which shall read and appear in that table as follows: 39 21A.33.030: TABLE OF PERMITTED AND CONDITIONAL USES FOR 40 COMMERCIAL DISTRICTS: 41 USE CN CB CS1 CC CSHBD1 CG SNB Homeless Resource Center C21 Homeless Shelter C21 42 SECTION 3. Amending the Text of Salt Lake City Code Section 21A.33.030. That the 43 “Qualifying Provisions:” of Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: 44 Table of Permitted and Conditional Uses for Commercial Districts) shall be and hereby is amended to 45 remove qualifying provision number “21” and designate qualifying provision 21 as “reserved” as follows: 46 Qualifying Provisions: 47 21. Subject to conformance with the provisions of section 21A.36.350 of this title, the City may 48 not prohibit construction of a homeless resource center or homeless shelter if the site is 49 approved by and receives funding through the State Homeless Coordinating Committee, with 50 the concurrence of the Housing and Community Development Division within the Department 51 of Workforce Services, in accordance with section 35A-8-604 of the Utah Code. 52 53 21.[Reserved.] 54 55 LEGISLATIVE DRAFT SECTION 4. Amending the Text of Salt Lake City Code Section 21A.33.050. That Section 56 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional 57 Uses for Downtown Districts) shall be and hereby is amended to modify only the following rows in the 58 table which shall read and appear in that table as follows: 59 21A.33.050: TABLE OF PERMITTED AND CONDITIONAL USES FOR DOWNTOWN 60 DISTRICTS: 61 USE D-1 D-2 D-3 D-4 Homeless Resource Center C15 C15 Homeless Shelter C15 C15 62 SECTION 5. Amending the Text of Salt Lake City Code Section 21A.33.050. That the 63 “Qualifying Provisions:” of Section 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: 64 Table of Permitted and Conditional Uses for Downtown Districts) shall be and hereby is amended to 65 remove qualifying provision number “15” and designate qualifying provision 15 as “reserved” as follows: 66 Qualifying Provisions: 67 15. Subject to conformance with the provisions of section 21A.36.350 of this title, the City may 68 not prohibit construction of a homeless resource center or homeless shelter if the site is 69 approved by and receives funding through the State Homeless Coordinating Committee, with 70 the concurrence of the Housing and Community Development Division within the Department 71 of Workforce Services, in accordance with section 35A-8-604 of the Utah Code. 72 73 15. [Reserved]. 74 75 SECTION 6. Amending the Text of Salt Lake City Code Subsection 21A.36.350.A 76 and the title of section 21A.36.350. That Salt Lake City Code Subsection 21A.36.350.A and 77 the title of Section 21A.36.30 shall be and hereby is amended to read as follows: 78 21A.36.350: QUALIFYING PROVISIONS REGULATIONS FOR HOMELESS 79 RESOURCE CENTERS OR AND HOMELESS SHELTERS: 80 A. A homeless resource center or homeless shelter located within the city shall comply with the 81 following regulations. Any homeless resource center or homeless shelter approved as a 82 conditional use shall comply with these regulations and the requirements of the approved 83 conditional use. may be allowed as a conditional use, as identified in chapter 21A.33, "Land Use 84 Tables", of this title pursuant to the provisions of chapter 21A.54, "Conditional Uses", of this title 85 and the requirements of this section 86 87 LEGISLATIVE DRAFT SECTION 7. Amending the Text of Salt Lake City Code Section 21A.62.040. That Section 88 21A.62.040 of the Salt Lake City Code (Definitions of Terms) shall be and hereby is amended to modify 89 the definition of “homeless resource center” and “homeless shelter” which shall read and appear as 90 follows: 91 HOMELESS RESOURCE CENTER: An establishment building or portion thereof in which co-92 located supportive services such as sleeping, bathing, eating, laundry facilities, and housing case 93 management is provided on an emergency basis for individuals experiencing homelessness. 94 Additional services may include preparation and distribution of food; medical care and 95 treatment; behavioral and mental health counseling; employment counseling; educational 96 instruction, and vocational training. 97 98 HOMELESS SHELTER: An establishment in which sleeping accommodations are provided on 99 an emergency basis for individuals experiencing homelessness. Any homeless shelter that began 100 operation on or before January 1, 2016, may operate year round in accordance with section 10-101 9a-526 of the Utah Code. 102 103 SECTION 8. Effective Date. This Ordinance shall take effect immediately after it has been 104 published in accordance with Utah Code §10-3-711 and recorded in accordance with Utah Code §10-3-105 713. 106 107 Passed by the City Council of Salt Lake City, Utah this _______ day of 108 ______________, 2022. 109 ______________________________ 110 CHAIRPERSON 111 112 ATTEST: 113 114 ______________________________ 115 CITY RECORDER 116 117 118 Transmitted to Mayor on _______________________. 119 120 121 Mayor’s Action: _______Approved. _______Vetoed. 122 123 124 125 LEGISLATIVE DRAFT ______________________________ 126 MAYOR 127 128 ______________________________ 129 CITY RECORDER 130 131 (SEAL) 132 Bill No. ________ of 2022. 134 Published: ______________. 135 136