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Proposed Ordinance - 10/18/2022 SALT LAKE CITY ORDINANCE No. _____ of 2022 (An ordinance amending various sections of Title 21A of the Salt Lake City Code pertaining to single room occupancy (SRO) uses (to be called Shared housing uses)) An ordinance amending various sections of Title 21A of the Salt Lake City Code pertaining to single room occupancy (SRO) uses (to be called shared housing uses) pursuant to Petition No. PLNPCM2018-00066. WHEREAS, the Salt Lake City Planning Commission held public hearings on June 27, 2018 and November 14, 2018 to consider a request by then-Salt Lake City Mayor Jacqueline Biskupski (Petition No. PLNPCM2018-00066) to clarify the definition and appropriate locations of single room occupancy (SRO) uses and amend Subsection 21A.30.040.C.1; Sections 21A.33.020, 21A.33.030, 21A.33.035, 21A.33.050, 21A.33.060, 21A.33.070, 21A.33.080, 21A.36.360; Subsection 21A.44.030.G.1; Section 21A.60.020; and Section 21A.62.040 of the Salt Lake City Code; and WHEREAS, at its November 14, 2018 hearing, the planning commission voted in favor of recommending to the Salt Lake City Council that the city council amend the above listed sections of Title 21A of the Salt Lake City Code identified herein; and WHEREAS, the city council held briefings on this petition, which resulted in several modifications, including changing the name of “single room occupancy” uses to “shared housing” uses; and WHEREAS, the Salt Lake City Council considers this ordinance a first step in identifying appropriate locations for shared housing use and intends to examine other areas in the city where shared housing uses would be appropriate in the near future, with a particular focus on areas along transit routes with 15-minute headways; and WHEREAS, the Salt Lake City Council finds, after holding a public hearing on this matter, 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.33.020. That Section 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Residential Districts) shall be and hereby is amended by deleting “Single Room Occupancy (SRO)” and add a new use category titled, “Shared housing” to the Table of Permitted and Conditional Uses for Residential Districts, which use category shall be inserted into that table in alphabetical order and shall read and appear in that table as follows: SECTION 2. 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. That the use category titled “Single room occupancy” in the Table of Permitted and Conditional Uses for Commercial Districts shall be amended to delete that use category. b. That a new use category titled “Shared housing” shall be inserted into the Table of Permitted and Conditional Uses for Commercial Districts in alphabetical order under the “Dwelling” category and shall read and appear in that table as follows: FR- 1/43, 560 FR- 2/21, 780 FR- 3/12, 000 R- 1/12, 000 R- 1/7, 000 R- 1/5, 000 SR -1 SR -2 SR -3 R -2 RMF- 30 RMF- 35 RMF- 45 RMF- 75 R- MU- 35 R- MU- 45 R- MU RO Shared housing P P P CN CB CS1 CC CSHBD1 CG SNB Shared housing P P P SECTION 3. Amending the Text of Salt Lake City Code Section 21A.33.035. That Section 21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Transit Station Area Districts) shall be and hereby is amended as follows: a. That the use category titled “Single room occupancy” in the Table of Permitted and Conditional Uses for Transit Station Area Districts shall be amended to delete that use category. b. That a new use category titled “Shared housing” shall be inserted into the Table of Permitted and Conditional Uses for Transit Station Area Districts in alphabetical order under the “Dwelling” category and shall read and appear in that table as follows: TSA-UC TSA-UN TSA-MUEC TSA-SP Core Transition Core Transition Core Transition Core Transition Shared housing P P P P P P P P SECTION 4. 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 to add a new use category titled, “Shared housing” 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: D-1 D-2 D-3 D-4 Shared housing P P P P SECTION 5. Amending the Text of Salt Lake City Code Section 21A.33.060. That Section 21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses in the Gateway District) shall be and hereby is amended to add a new use category titled, “Shared housing” to the Table of Permitted and Conditional Uses in the Gateway District, which use category shall be inserted into that table in alphabetical order and shall read and appear in that table as follows: G-MU Shared housing P SECTION 6. Amending the Text of Salt Lake City Code Section 21A.33.070. That Section 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Special Purpose Districts) shall be and hereby is amended to add a new use category titled, “Shared housing” to the Table of Permitted and Conditional Uses for Special Purpose Districts, which use category shall be inserted into that table in alphabetical order and shall read and appear in that table as follows: RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU Shared housing P SECTION 7. Amending the Text of Salt Lake City Code Section 21A.33.080. That Section 21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses in Form Based Districts) shall be and hereby is amended as follows: a. That the use category titled “Single room occupancy” in the Table of Permitted and Conditional Uses in Form Based Districts shall be amended to delete that use category. b. That a new use category titled “Shared housing” shall be inserted into the Table of Permitted and Conditional Uses in Form Based Districts in alphabetical order under the “Dwelling” category and shall read and appear in that table as follows: FB-UN1 FB-UN2 FB-SC FB-SE Shared housing P P P SECTION 8. Adopting Section 21A.36.360 of Salt Lake City Code. That Chapter 21A.36 of the Salt Lake City Code (Zoning: General Provisions) shall be and hereby is amended to adopt a new Section 21A.36.360, which shall read and appear as follows: 21A.36.360: REGULATIONS FOR SHARED HOUSING USE: The shared housing use, as defined in Chapter 21A.62 of this title, shall be allowed in zoning districts as provided in Chapter 21A.33 “Land Use Tables,” and are subject to the following provisions: A. The shared housing use shall be subject to the same lot and bulk requirements as the multi-family dwelling use, but not the density requirements of the underlying zone. B. Maximum Occupancy of Sleeping Rooms: Each sleeping room contained within the individual shared housing unit shall house a maximum of 2 people. C. Minimum Floor Area of Sleeping Rooms: Each sleeping room contained within the individual shared housing unit shall include a minimum of 100 square feet of floor area for a single tenant, or a minimum of 120 square feet of floor area for two (2) tenants. 1. The floor area of each sleeping room shall be calculated as the sum of the gross horizontal area of the unit measured from the interior face of interior walls. 2. Calculation of this area shall not include spaces consumed by closets/storage, mechanical equipment, or appliances. D. Communal Areas: In an effort to provide sufficient accommodations for socializing and meeting, communal areas are required in shared housing developments. Communal areas may include, but not be limited to, libraries, lounges, recreation rooms, dining rooms, and laundry rooms that are accessible to all residents of the shared housing development shall be included, and shall meet the following requirements: 1. The total amount of communal area shall have a minimum of twenty (20) square feet per sleeping room. 2. Areas such as kitchens and bathrooms shared between multiple units, hallways and corridors, storage areas (including bicycle storage), operations and maintenance areas, or management areas and offices may not be counted toward the communal area requirement. E. Management: 1. A shared housing development may include an office for the purpose of managing the living units and common facilities, and/or one self-contained living unit with private kitchen and bathroom facilities for a manager or caretaker. 2. A property manager, who will be responsible for the conduct, operation, and maintenance of the shared housing development, shall be on site twenty-four (24) hours a day. 3. All communal areas, with the exception of bathrooms, shall be continuously monitored by security cameras. 4. A 24 hour phone number for the on site manager shall be posted on the property in a location where the phone number is clearly visible from the public sidewalk and within communal areas. 5. A management plan shall be approved by the Department of Community and Neighborhoods and recorded with the Salt Lake County Recorder’s office. The management plan shall include the signatures of the directors or designee of the Planning Division, Housing Stability, and Building Services. The department may require modifications to the plan to comply with requirements of this section. The signatures shall be on the document before the document is recorded. The facility shall not be occupied until the document is recorded. The management plan shall include at least the following details: a. A process for a member of the facility’s management to meet with neighbors upon request in order to attempt to resolve any neighborhood complaints regarding the operations of the facility; b. A plan to address nuisances that may be generated by the use that includes a time frame for responding to city notices related to the existence of a nuisance; c. A maintenance plan for communal areas, including shared kitchens and bathrooms, within the shared housing facility and the subject property; d. A plan to address tenant grievances regarding the condition of common areas, disturbances caused by other tenants and/or their guests; e. A security plan that addresses entrance to the facility, the use of the facility for guests, the safety of communal and shared areas, and how the operators of the use will address safety concerns raised by building occupants; and F. Accessibility: All areas of a shared housing development shall be designed to be universally accessible as required by the construction codes adopted by the Utah Building Code Commission to be used statewide, by the political subdivisions of the State. Individual units and sleeping rooms required to be universally accessible by the adopted building code shall be located on the ground floor. If more units and sleeping rooms are required than what can be accommodated on the ground floor, the units may be located on other floors within the building if an elevator is provided. G. Designation of a location for smoking tobacco outdoors shall be in conformance with state law and located a minimum of thirty feet from a property line of the subject property; H. Any trash or litter located on the premise or in the public right of way adjacent to the subject property shall be picked up by 8:00 A.M. each day. Any trash receptable on the premise shall be emptied on a regular basis to prevent overflow; and I. Shared Bathrooms and Kitchens: Shared bathrooms and kitchens shall be subject to the following requirements: 1. Shared bathrooms: No more than two sleeping rooms shall share one bathroom. All shared bathrooms shall have doors that can be locked by a resident while in use. 2. Shared Kitchens: No more than four sleeping rooms shall share a kitchen. 3. Reuse of Existing Buildings: If an existing building is converted to a shared housing use, the provision limiting the number of sleeping rooms per shared kitchen is not applicable. All shared bathrooms shall have doors that can be locked by a resident while in use. I. Reporting: The planning division shall provide an annual report to the city council detailing the number of applications for shared housing uses, the address of each shared housing use for which an application was submitted, a brief explanation of reasons why an application was denied, and a map showing approved shared housing uses. The report shall be included as part of the city’s moderate income housing report required under Utah Code 10-9a-408 or its successor. SECTION 9. 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 as follows: a. Deleting the term “Dwelling, single room occupancy.” That the term “Dwelling, single room occupancy” shall be amended to delete that term from that section. b. Adding the term “Shared housing”. That the term “Shared housing” shall be inserted in the list of defined terms in alphabetical order, to read as follows: Shared housing. c. Adding the term “Sleeping room”. That the term “Sleeping room” shall be inserted in the list of defined terms in alphabetical order, to read as follows: Sleeping room. SECTION 10. 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. Amending the definition of “Dwelling.” That the definition of “Dwelling” shall be amended to read as follows: DWELLING: A building or portion thereof, which is designated for residential purposes of a family for occupancy on a monthly basis and which is a self-contained unit with kitchen and bathroom facilities. The term “dwelling” excludes living space within hotels, bed and breakfast establishments, shared housing developments boarding houses and lodging houses. b. Amending the definition of “Dwelling, single room occupancy.” That the definition of “Dwelling, single room occupancy” shall be deleted. c. Adding the definition of “Shared housing.” That the definition of “Shared housing” be added and inserted into the list of definitions in alphabetical order to read as follows: SHARED HOUSING: A building, or portion thereof, that is designated for residential purposes and contains individual housing units that may be occupied on a weekly or monthly basis. Each individual housing unit consists of one or more sleeping rooms and may contain either kitchen or bathroom amenities, but not both. Whichever amenities are not contained within the individual unit (the kitchen, bathroom, or both) shall be provided as a common facility within the same building, to be shared with other tenants of the shared housing development. d. Adding the definition of “Sleeping room.” That the definition of “sleeping room” be added and inserted into the list of definitions in alphabetical order to read as follows: SLEEPING ROOM: A room within a shared housing land use that is identified and used for sleeping purposes. SECTION 11. 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 _______ day of ______________, 2022. ______________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2022. Published: ______________. Ordinance amending single room occupancy regulations APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Paul C. Nielson, Senior City Attorney September 26, 2022