Proposed Ordinance - 12/12/2023SALT LAKE CITY ORDINANCE
No. ____ of 2023
(An ordinance enacting temporary land use regulations authorizing
a temporary shelter community use at approximately 255 South 600 West Street)
WHEREAS, Section 10-9a-504 of the Utah Code permits a municipality, without prior
consideration of or recommendation from the municipality’s planning commission, to enact an
ordinance establishing a temporary land use regulations for any part of a municipality if the
legislative body makes a finding of a compelling, countervailing public interest; and
WHEREAS, the number of unsheltered residents of Salt Lake City continues to exceed
the number of available shelter beds; and
WHEREAS, congregate shelter models are also not conducive for every person in need
of shelter; and
WHEREAS, Salt Lake City and the State of Utah are committed to ensuring that persons
experiencing homelessness have access to shelter and have been pursuing innovative ways to
provide temporary housing options to unsheltered individuals; and
WHEREAS, the State of Utah is acquiring portable living structures to provide secure
and more weather-resistant individual living space to persons experiencing homelessness as part
of a temporary shelter community pilot project; and
WHEREAS, the portable living structures will be equipped with in-wall, electric heating
units that will create safer winter living conditions than unheated makeshift structures; and
WHEREAS, the Salt Lake City Redevelopment Agency (“SLCRDA”) has committed
property it owns at approximately 255 South 600 West Street to host a temporary shelter
community during the initial phase of the temporary shelter community pilot project; and
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WHEREAS, the State of Utah intends to establish the temporary shelter community on a
different property on a longer-term basis, but is unable to prepare that other property for the
temporary shelter community this winter; and
WHEREAS, the SLCRDA property at approximately 255 South 600 West Street is zoned
G-MU Gateway Mixed Use District, which does not currently allow the temporary shelter
community use; and
WHEREAS, the proposed temporary shelter community use pilot project is only intended
to be located on the SLCRDA property for up to six months, and making an amendment to the
city’s land use regulations and/or zoning map for the proposed short-term use is inconsistent with
established long-term planning mechanisms that ordinarily would apply to the SLCRDA
property; and
WHEREAS, the Salt Lake City Council is aware that other cities that have allowed
similar temporary shelter communities of approximately 50 people, along with supervisory staff
of an authorized service provider, have achieved positive results for both the unsheltered
population as well as the community in general; and
WHEREAS, temporary land use regulations allowing a temporary shelter community at
approximately 255 South 600 West Street on a short-term basis are necessary to implement the
initial phase of the pilot project and allow the State of Utah sufficient time to prepare the long-
term site ; and
WHEREAS, the Salt Lake City Council desires to allow a temporary shelter community
use at approximately 255 South 600 West Street for a period not to extend past May 31, 2024
subject to the provisions herein.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
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SECTION 1. Finding of Compelling Countervailing Public Interest. Pursuant to Section
10-9a-504 of the Utah Code, the City Council finds that accommodating a temporary shelter
community (as defined below) at approximately 255 South 600 West Street for up to six months
in order for the temporary shelter community pilot program to house unsheltered individuals
constitutes a compelling, countervailing public interests that justifies these temporary land use
regulations. The City Council also finds that pursuing innovative solutions to mitigate impacts of
homelessness, addressing the issue of individuals camping in public spaces, and protecting
unsheltered individuals from the potentially deadly consequences of the approaching winter
weather by authorizing a temporary shelter community use at the SLCRDA property at
approximately 255 South 600 West Street further justifies these temporary land use regulations.
SECTION 2. Location. These temporary land use regulations shall apply only to
property located at approximately 255 South 600 West Street, which is currently vacant land.
SECTION 3. Definitions.
“Portable living structure” is an enclosed structure with a footprint no greater than 200
square feet intended to provide temporary living quarters and space to store personal belongings
for persons experiencing homelessness and for service provider’s staff. A portable living
structure must be constructed with solid walls and a roof that meet applicable snow and wind
load ratings, have a lockable door, be collapsible or easily disassembled, and may be no taller
than 10 feet. An example of a portable living structure is provided in Exhibit A attached hereto.
A portable living structure does not include a tent manufactured for recreational camping, a
makeshift tent, a trailer, a manufactured home (as defined in Section 21A.62.040 of the Salt Lake
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City Code), a recreational vehicle, accessory dwelling unit, tiny home, or any other item or
structure not similar to the example in Exhibit A.
“Temporary shelter community” is a land use that is a grouping of temporary, portable
living structures intended to provide shelter for persons experiencing homelessness in a
concentrated area on a lot or parcel owned or leased by a governmental entity with the
permission of that governmental entity. A temporary shelter community is not a recreational
camping use and shall not occur within a public right-of-way.
SECTION 4. Uses Authorized. A temporary shelter community use at the
location identified in Section 2 above is hereby authorized subject to the conditions listed in
Section 5.
SECTION 5. Conditions. The temporary shelter community use at the location specified
in Section 2 is authorized subject to the following:
a. The portable living structures to be occupied 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. A homeless services provider selected to manage the temporary shelter
community must provide on-site supervisory staff to coordinate the needs of
the persons occupying the portable living structures. The services provider
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shall staff the temporary shelter community 24 hours per day, seven days per
week while these temporary land use regulations are in effect.
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 50
individuals, excluding staff. Such temporary certificate of occupancy must be
issued prior to any overnight occupancy of the building.
d. The services provider 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 shelter
community and identify actions to mitigate those impacts including, but not
limited to:
i. Employing security personnel 24 hours per day, seven days per week
to regularly patrol the premises of that property;
ii. 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. The City shall install fencing on the SLCRDA property to control access to
where patrons of the temporary shelter community will stay. The services
provider shall thereafter maintain the fencing. 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, including required yards, but any fencing that exceeds
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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 by May 31,
2024.
f. The services provider shall require all patrons of the temporary shelter
community to check in and check out and maintain an accurate log of those
staying at the facility
g. Each portable living structure shall accommodate only one person plus any
pets.
h. A maximum of 27 portable living structures may be located on the property
described in Section 2 above.
SECTION 5. Duration. This temporary zoning ordinance shall remain in effect until May
31, 2024 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 ______________, 2023.
______________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
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Mayor’s Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2023.
Published: ______________.
TSC TLUR 2023 12.6.23
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: _________________________________
By: ___________________________________
Katherine D. Pasker, Senior City Attorney
December 11, 2023