Proposed Ordinance - 4/15/2024SALT LAKE CITY ORDINANCE
No. ____ of 2024
(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, 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 acquired 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 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
WHEREAS, the State of Utah intends to establish the temporary shelter community on a
different property on a longer-term basis, but needs a short period of time in which to continue
operations while the new location is prepared; and
WHEREAS, the SLCRDA property at approximately 255 South 600 West Street is zoned
G-MU Gateway Mixed Use District, which does not allow a shelter community use; and
WHEREAS, the temporary shelter community use is only intended to be located on the
SLCRDA property for approximately 60 days, and making an amendment to the city’s land use
2
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, leaving the portable living structures vacant during this short relocation
period is contrary to the State of Utah’s investment in the structures and the stability of the
housing they offer; 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 July 31, 2024
subject to the provisions herein.
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 accommodating a temporary shelter
community (as defined below) at approximately 255 South 600 West Street for up to two months
in order for the State of Utah to relocate the temporary shelter community to a more appropriate
location, without jeopardizing the housing of individuals that would otherwise be unsheltered,
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 and addressing the issue of individuals camping in public spaces 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.
3
SECTION 2. Location. These temporary land use regulations shall apply only to
SLCRDA-owned property located at approximately 255 South 600 West Street.
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
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.
4
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
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 comply with the previously submitted security and
operations plan that met 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 addresses the impacts of the
5
proposed temporary shelter community and identifies 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 services provider shall maintain the existing 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 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 July 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 6. Duration. This temporary zoning ordinance shall remain in effect until July
31, 2024 unless earlier amended, modified, or repealed.
6
SECTION 7. Effective Date. After publication, this Ordinance shall take effect on June 1,
2024.
Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 2024.
______________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2024.
Published: ______________.
TSC TLUR 4.12.2024v1
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: _________________________________
By: ___________________________________
Katherine D. Pasker, Senior City Attorney
April 12, 2024