Proposed Ordinance - 11/22/2022SALT LAKE CITY ORDINANCE
No. ____ of 2022
(An Ordinance Enacting Temporary Zoning Regulations
Authorizing Temporary Increase in Overnight Capacity at the
Youth Homeless Resource Center at 888 S 400 W)
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, on August 27, 2014, the Salt Lake City Planning Commission granted a
conditional use permit to Volunteers of America to operate a thirty bed homeless youth shelter at
888 S 400 W (the “Shelter”); and
WHEREAS, since 2014 the population of Salt Lake City has significantly increased,
without a commensurate increase in the census for shelter space for homeless youth; and
WHEREAS, despite the efforts at various levels of government, the number of youth
experiencing homelessness and the efforts to address the needs of those youth experiencing
homelessness has been compounded by the economic, humanitarian, and other various rising
social crises; and
WHEREAS, on March 24, 2022, Governor Spencer Cox signed legislation (codified at
Section 35A-16-502) recognizing the need to allow overflow of homeless shelters during
targeted overflow periods; and
WHEREAS, the City concludes that until additional homeless youth resource centers are
opened (or permanent housing is made available) there should be flexibility in temporarily
increasing the overnight capacity at the Shelter; and
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WHEREAS, the City is committed to ensuring that youth experiencing homelessness
have access to shelter during the 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, this temporary land use regulation is the necessary means to address the
critical need for sheltering youth during imminent extreme weather conditions due to the delay in
expanding the Shelter’s overnight capacity through other procedures set forth in City Code; and
WHEREAS, increasing the overnight capacity at an existing shelter, as opposed to siting
an additional shelter, imposes an lesser impact on the community as a whole; and
WHEREAS, the City Council desires to allow for a period not to extend past April 15,
2023, no more than twenty additional overnight sleeping accommodations for youth less than
twenty three years old at the Shelter on an emergency basis to provide shelter to youth
experiencing homelessness (a “temporary overflow homeless shelter use”), subject to the
provisions herein; and
WHEREAS, the Salt Lake City Council finds that protecting lives from the potentially
deadly consequences of severe winter weather and providing housing for the City’s unsheltered
youth during the school year 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 2022-2023 winter season and only until April 15, 2023; and
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WHEREAS, increasing the overnight capacity at the Shelter after this temporary land use
regulation expires may only be granted upon formal modification of the Shelter’s conditional use
permit in accordance with City Code; 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 youth
shelter locations in their communities.
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 youth from the potentially
deadly consequences of severe winter weather and providing safe housing during the school year
for the City’s unsheltered youth constitutes a compelling, countervailing public interest sufficient
to justify this temporary land use regulation.
SECTION 2. Location. This temporary land use regulation shall apply to the
property located at 888 S 400 W, which is already operating as a youth homeless shelter.
SECTION 3. Uses Authorized. Increasing the overnight capacity from thirty beds to fifty
beds for homeless youth less than twenty three years old at the location identified in Section 2
above is hereby authorized subject to the conditions listed in Section 4.
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SECTION 4. Conditions. The temporary increase in the number of beds at the Shelter is
authorized subject to the following:
a. The Shelter 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. Volunteers of America, as the operator, will maintain a staff to client ratio in
compliance with minimums set forth in state licensing code. 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 fifty
individuals, excluding staff. Such temporary certificate of occupancy must be
issued prior to any overnight occupancy of the building.
d. All other conditions not expressly superseded by this temporary land use
regulation set forth in the conditional use permit issued to the Shelter on
August 27, 2014 remain in full force and effect.
SECTION 5. Duration. This temporary zoning ordinance shall remain in effect until
April 15, 2023 unless earlier amended, modified, or repealed.
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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 ______________, 2022.
______________________________
Dan Dugan, Council Chair
ATTEST:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2022.
Published: ______________.
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: _________________________________
By: ___________________________________
Katherine Lewis, City Attorney