Transmittal - 7/4/2021
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________ Date Received: 4/28/2021
Lisa Shaffer, Chief Administrative Officer
Date Sent to Council: 4/28/2021
TO: Salt Lake City Council DATE: 4/28/2021
Amy Fowler, Chair
FROM: Rachel Otto, Chief of Staff
SUBJECT: Temporary Land Use Regulation and Summary Chart
STAFF CONTACTS: Rachel Otto
rachel.otto@slcgov.com
DOCUMENT TYPE: Ordinance
RECOMMENDATION: Approve proposed ordinance.
BUDGET IMPACT: None
BACKGROUND/DISCUSSION: This proposed ordinance addresses the land use aspects of the
Mayor’s emergency proclamations related to outdoor dining/retail, and which will be expiring when
the thresholds are met under H.B. 294. Attached is a summary chart and the ordinance.
Notes:
• Attachment A – Summary Chart
• Attachment B – Ordinance
Lisa Shaffer (Apr 28, 2021 17:06 MDT)
rachel otto (Apr 28, 2021 17:14 MDT)
Regulation of Outdoor Restaurant and Retail Business Activities
Goal Emergency Proclamations Proposal Going Forward
Allow outdoor dining on
private property
Outdoor dining is permitted
on private property.
Waives changes to parking
requirements.
Temporary Land Use
Regulation allows temporary
use to accommodate CDC
guidelines for social
distancing during the
pandemic.
Allows use in existing private
parking lots and yard areas.
Allow outdoor retail business
activities on private property
Waives prohibition on
outdoor business activities.
Temporary Land Use
Regulation allows temporary
use to accommodate CDC
guidelines for social
distancing during the
pandemic.
Allow temporary structures to
protect patrons from weather
to be built on private
property, parking stalls, and
public right of ways
Allows temporary structures
up to 200 sq. ft. without
permits.
Temporary Land Use
Regulation allows temporary
freestanding structures
(canopies, patio coverings,
and similar structures) on
private property and waives
permit fees associated with
installing such structures.
Revise administrative policy
to allow temporary
freestanding structures in the
public right of way on a day
by day basis.
Ensure permit to use public
right of way is more
affordable
Allows annual fees in
consolidated fee schedule to
be charged on a pro rata
basis.
Revise administrative policy
to allow annual fee in
consolidated fee schedule to
be charged on pro rata basis.
Allow retail business use in
the public right of way
Creates temporary outdoor
business permit.
Revise administrative policy
to allow small-scale business
use on same terms as existing
policy on outdoor dining.
SALT LAKE CITY ORDINANCE
No.____ of 2021
(An Ordinance Permitting Certain Outdoor Business Activities and Use of Certain Temporary
Structures)
WHEREAS, Utah Code § 10-9a-504 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 for a period of time not to exceed six months if the
governing body makes a finding of compelling countervailing public interest.
WHEREAS, on March 10, 2020, the Mayor of Salt Lake City (the “Mayor”) enacted
Proclamation No. 1 of 2020, pursuant to her authority under Utah Code §§ 53-2a-208(1)(a) and
53-2a-209(1) and Salt Lake City Code Chapter 22.03, declaring a local emergency due to the
global outbreak of COVID-19 and the associated risk of spread of COVID-19 in Salt Lake City
(“City”).
WHEREAS, on June 11, 2020, the Mayor enacted Emergency Proclamation No. 11 of
2020 (“Proclamation 11”), pursuant to her authority under Salt Lake City Code 22.03.030 to
exercise certain emergency powers by proclamation while a proclamation of local emergency is in
effect.
WHEREAS, on December 12, 2020, the Mayor enacted Emergency Proclamation No. 17
of 2020 (“Proclamation 17”), pursuant to her authority under Salt Lake City Code 22.03.030 to
exercise certain emergency powers by proclamation while a proclamation of local emergency is in
effect.
WHEREAS, Proclamation 11 and Proclamation 17 were enacted to protect the citizens of
Salt Lake City from the spread of COVID-19 while maintaining an environment conducive to safe
business and commercial activity by waiving prohibitions on the use of private property adjacent
to existing businesses and waiving prohibitions governing the use of temporary structures to
encourage certain outdoor business activities.
WHEREAS, during the 2021 General Session, the Utah State Legislature passed H.B. 294,
which provides for the termination of any proclamation of a local state of emergency related to the
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COVID-19 emergency, and any related executive order issued pursuant thereto. Such termination,
as provided in 53-2a-218(2), is triggered when certain public health data thresholds are met.
WHEREAS, the public health data thresholds are expected to be met within the near future,
if current epidemiological trends continue.
WHEREAS, the looming termination of Proclamation 11 and Proclamation 17 presents a
threat of adverse economic impact if businesses are unable to continue promoting socially
distanced outdoor business activities.
WHEREAS, the Salt Lake City Council finds a compelling, countervailing public interest
in ensuring continued robust and safe economic activity by encouraging outdoor business activities
that allow for increased social distancing in light of the ongoing threat posed by the COVID-19
pandemic, and further in light of the termination of the local state of emergency and Proclamation
11 and Proclamation 17 under H.B. 294.
WHEREAS, the City desires to authorize “Temporary Responsible Outdoor Restaurant
Dining and Retail Activities” as further defined in Section 3 and authorized in Section 4 of this
Ordinance during the effective period of this temporary land use regulation as allowed by Utah
Code § 10-9a-504.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Finding of Compelling Countervailing Public Interest. Pursuant to Utah Code
§ 10-9a-504, the Salt Lake City Council finds a compelling, countervailing public interest in
ensuring continued robust and safe economic activity by encouraging outdoor business activities
that allow for increased social distancing in light of the ongoing threat posed by the COVID-19
pandemic, and further in light of the anticipated termination of the local state of emergency and
Proclamation 11 and Proclamation 17 under H.B. 294.
SECTION 2. Duration. This temporary zoning ordinance shall remain in effect for a period
of six months from the effective date of this ordinance unless earlier amended, modified, or
repealed.
SECTION 3. Definition. “Temporary Responsible Outdoor Restaurant Dining and Retail
Activities” means retail or restaurant activity subordinate to an existing adjacent anchor business,
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conducted outdoors to accommodate safety measures recommended by the Centers for Disease
Control and Prevention to help mitigate the spread of COVID-19, during the National Emergency
as declared by Federal Proclamation 9994 on March 13, 2020.
SECTION 4. Allowing Temporary Outdoor Restaurant Dining and Retail Activities.
Notwithstanding any contrary provisions in Title 21A of the Salt Lake City Code, a restaurant or
retail establishment which holds a current business license with the City may, for the period that
this temporary land use regulation is in effect, operate as follows:
1. Conduct Temporary Outdoor Restaurant Dining and Retail Activities on private property,
including in existing parking lots, yard areas, or any other outdoor area located on the
private property of the primary restaurant or retail use.
2. Utilize temporary freestanding canopies, patio coverings, and other similar structures
intended to be temporary in nature to help facilitate the Temporary Responsible Outdoor
Restaurant Dining and Retail Activities, and any permit fees associated with installing such
temporary freestanding canopies, patio coverings, and other similar structures shall be
waived.
SECTION 5. Full Force and Effect. The remaining terms and conditions of Title 21A of
the Salt Lake City Code shall continue to be in full force and effect, as modified by this ordinance.
SECTION 6. Effective Date. This ordinance shall become effective upon the Mayor’s
signature and publication, or after fifteen days of transmission to the office of the Mayor if neither
approved nor disapproved by the Mayor, and thereafter, publication.
Adopted by the City Council this ______day of _______, 2021.
___________________________________
Amy Fowler, Council Chair
Transmitted to Mayor on _________________
Mayor’s Action: ______ Approved. _______ Vetoed.
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_________________________________
MAYOR
ATTEST:
____________________________
Cindy Lou Trishman, City Recorder
(SEAL)
Bill No._______ of 2021.
Published: ____________.
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: April 28, 2021
By: Sara Montoya
Sara Montoya, Senior City Attorney