002 of 2009 - Pertaining to Community Correctional Facilities •
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SALT LAKE CITY ORDINANCE
No. 2 of 2009
(An Ordinance Amending Provisions of Title 21A (Zoning) of the
Salt Lake City Code Pertaining to Community Correctional Facilities)
An ordinance amending provisions of Title 21A(Zoning) of the Salt Lake City Code
pertaining to Community Correctional Facilities pursuant to petition no. PLNPCM2008-00641.
WHEREAS, the Salt Lake City Planning Commission ("Planning Commission") held a
public hearing on November 12, 2008 to consider a request made by the Salt Lake City Council
("City Council") (petition no. PLNPCM2008-00641) to amend the text of Title 21A (Zoning) of
the Salt Lake City Code to omit the term "Halfway Home" and to replace that term with
"Community Correctional Facility" and to revise the requirements and standards associated with
such use; and
WHEREAS, at its November 12, 2008 hearing, the Planning Commission voted in favor
of recommending to the City Council that the City Council amend the sections Title 21A of the
Salt Lake City Code identified herein; and
WHEREAS, after a public hearing on this matter the City Council has determined that
the following 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 text of Salt Lake City Code section 21A.36.110. That section
21A.36.110 of the Salt Lake City Code (Halfway Homes), shall be, and hereby is, amended to
read as follows:
21A.36.110 Community Correctional Facility
A. Purpose Statement. The purpose of this section is to permit the establishment of
a Community Correctional Facility as defined in chapter 21A.62 of this title, subject
to the provisions of this section that provide a community involvement process and;-a
site selection criteria to address health and safety of the community including
neighboring properties and facility residents.
B. State and City Licensing. No Community Correctional Facility shall be
established, operated or maintained within the City without a valid license or
operating contract issued by the Utah State Division of Licensing or Department of
Corrections or other appropriate State agency, and without obtaining a Salt Lake City
business license For types of uses that do not require a State license, the applicant
shall provide evidence from the State of Utah indicating that the State does not
require a license for the particular facility.
C. Small Community Correctional Facility Authorized as Conditional Uses. A
Small Community Correctional Facility means a Community Correctional Facility as
defined in chapter 21A.62 of this title that provides temporary occupancy for up to
thirty(30) individuals exclusive of staff. Small Community Correctional Facilities,
as either principal or accessory uses, may be allowed as a conditional use, pursuant to
the provisions of chapter 21A.54 of this title, pursuant to subsections B, E and F of
this section and pursuant to sections 21A.26.080 and 21A.28.040 of this title.
D. Large Community Correctional Facility. A large Community Correctional
Facility means a Community Correctional Facility as defined in chapter 21A.62 of
this title that provides temporary occupancy for more than thirty(30) individuals
exclusive of staff. Large Community Correctional Facilities, as either principal or
accessory uses, may be allowed as a conditional use, pursuant to the provisions of
chapter 21A.54 of this title, pursuant to subsections B, E and F of this section and
pursuant to section 21A.28.040 of this title.
E. Community Correctional Facility - Authorized as Conditional Uses.
Community Correctional Facilities, as either principal or accessory uses, may be
allowed as a conditional use, pursuant to the provisions of chapter 21A.54 of this title,
pursuant to subsections B, C, E and F of this section, and pursuant to sections
21A.26.080 and 21A.28.040 of this title, subject to the following requirements and
provisions:
1) Program Description Required. The applicant must provide a detailed
description of the treatment program, operations, management and security plans
of the facility, with the amount of information satisfactory to the Planning
Director, which clearly indicate that the facility will operate as a Community
Correctional Facility as defined in chapter 21A.62 and consistent with the purpose
statement in Sec. 21A.36.110 of this section.
2) Site Selection Standards.
a) A small Community Correctional Facility shall not be located within one half
mile (1/2 mile) of any residential zoning district boundary.
b) A large Community Correctional Facility shall only be located within an M-1
Light Industrial Zoning District and be located west of Interstate 215. A large
Community Correctional Facility shall not be located within one half mile
(1/2 mile) of any residential zoning district boundary.
c) Each Community Correctional Facility shall not be closer than one half mile
(1/2 mile) from any other Community Correctional Facility.
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d) No Community Correctional Facility shall be located within one half mile(1/2
mile)of any public or private K-12 school,place of worship,public library,
nursery school as a principal not ancillary or accessory use or children's day
care center as a principal not ancillary or accessory use,publicly owned
playground or park.The establishment of such land uses within the specified
spacing criteria after the occupancy of a Community Correctional Facility
shall not create nonconformity or be the sole cause for denial of a conditional
use permit for the expansion of an existing authorized facility.
e) Spacing requirements are measured in a straight line at the closet point from
property line to property line.
f) The site has reasonable access to transit.
3) Site Design Standards.The applicant shall provide site plan and conditional use
application information that evidences that adequate setbacks and buffers between
the property lines and any structures or fenced compounds enclosing usable areas
of the facility are provided.Additional setbacks and buffer areas may be
established by the Planning Commission to mitigate any determined potential
impacts.Additional setback for buffer areas may include visitor parking,
landscaping,storm drain detention basins exclusive of required landscaped
setbacks.Any required fencing or walls as a condition of approval must be non-
climbable fencing or walls of a design approved as part of the conditional use
approval.
4) Operational Limits.
a) A Community Correctional Facility may provide ancillary,temporary
occupancy for individuals placed as part of,or in lieu of,confinement,
rehabilitation,or treatment as such ancillary,temporary occupancy is
described in section 21A.62.040 of this title. A Community Correctional
Facility's ancillary population shall remain less than twenty-five percent of
the facility's entire resident population.
b) Community Correctional Facilities are for temporary occupancy.Residents
shall not reside for a period greater than thirty-six months,excluding ancillary
residents who shall not reside for a period greater than six months.
F. Conditions of Approval. An applicant's failure to comply with the conditions of
the conditional use approval or with any standards provided herein shall be grounds
for revocation,suspension or modification of the conditions or the approval by the
Planning Commission.
Following the Planning Commission approval of a conditional use for a Community
Correctional Facility,the applicant shall submit to the Planning Director the most
current operational and incident reports submitted to the State Department of
Corrections every twelve(12)months.In addition to the State reports the applicant
shall describe the effectiveness of any impact mitigation strategies required as part of
the conditional use approval.
G. Authority To Modify Regulations. In approving any community correctional
facility,the planning commission may change,alter,modify or waive any provisions
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of Section 21A.36.110 as they apply to the proposed development.No such change,
alteration,modification or waiver shall be approved unless the planning commission
finds that the proposed development:
1. Will support the reconstruction and reuse of an existing structure and site in a
manner that will not violate the purposes of the standards for which a community
correctional facility may be approved pursuant to this section.
SECTION 2.Amending text of Salt Lake City Code section 21A.26.080. That the table,
titled"Table of Permitted and Conditional Uses For Commercial Districts",which is located at
section 21A.26.080 of the Salt Lake City Code,shall be,and hereby is,amended to add to that
table the categories of"Community Correctional Facility,Large"and"Community Correctional
Facility,Small"to be listed alphabetically under the category of"Residential"uses in that table,
with a corresponding qualifying provision such that the inserted provisions shall appear and read
as follows:
LEGEND PERMITTED AND CONDITIONAL USES,BY
DISTRICT COMMERCIAL DISTRICTS
C=Conditional Use
P=Permitted Use
USE CN CB CC [CS' I CSHBD' CG TC-75
Community Correctional Facility,Large
(see section 21A.36.110 of this title)
Community Correctional Facility,Small C`
(see section 21A.36.110 of this title)
Qualifying Provisions: *A Community Correctional Facility is considered an institutional use and any such
facility located within an Airport Noise Overlay Zone is subject to the land use and sound attenuation standards
for institutional uses of the applicable Airport Overlay Zone within section 21A.34 of this title.
SECTION 3.Amending text of Salt Lake City Code section 21A.28.040. That the table,
titled"Table of Permitted and Conditional Uses For Manufacturing Districts",which is located at
section 21A.28.040 of the Salt Lake City Code,shall be,and hereby is,amended to add to that
table the categories of"Community Correctional Facility,Large"and"Community Correctional
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Facility,Small",which categories shall be listed alphabetically under the category of
"Institutional"uses in that table,with a corresponding qualifying provision such that the inserted
provisions shall appear and read as follows:
LEGEND PERMITTED AND CONDITIONAL USES,BY
DISTRICT MANUFACTURING DISTRICTS
C=Conditional Use
P=Permitted Use
Use M-1 M-2
Institutional Uses
'Community Correctional Facility,Large C*
(see section 21A.36.11 0 of this title)
Community Correctional Facility,Small C*
(see section 21A.36.110 of this title)
Qualifying Provisions: *A Community Correctional Facility is considered an institutional use and any such
facility located within an Airport Noise Overlay Zone is subject to the land use and sound attenuation standards
for institutional uses of the applicable Airport Overlay Zone within section 21A.34 of this title.
SECTION 4. Amending text of Salt Lake City Code section 21A.62.020. That section
21A.62.020 of the Salt Lake City Code(Definitions),shall be,and hereby is,amended to remove
from that section the definition of"halfway home".
SECTION 5. Amending text of Salt Lake City Code section 21 A.62.040. That section
21 A.62.040 of the Salt Lake City Code(Definitions),shall be,and hereby is,amended to include
a definition of"Community Correctional Facility",to be inserted in alphabetical order,which
definition shall read as follows:
"Community Correctional Facility"means an institutional facility licensed by or
contracted by the State of Utah to provide temporary occupancy for previously
incarcerated persons or parole violators,which assists such persons in making a transition
from a correctional institution environment to independent living.Such facility may also
provide ancillary,temporary occupancy for individuals placed as part of,or in lieu of,
confinement,rehabilitation,or treatment in a correctional institution.A community
correctional facility may include a halfway house,work release center or any other
domiciliary facility for persons released from any penal or correctional facility but still in
the custody of the city,county or public agency and youth care centers or other facilities
authorized to accept youth offenders.A community correctional facility includes a
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facility for the judicially required detention or incarceration of people who are under 24-
hour supervision by sworn officers except when on an approved leave,confinement of
offenders where force may be used to restrain them if they attempt to leave the institution
without authorization,24-hour supervision and confinement for youth offenders
committed to the Division for custody and rehabilitation,or services for parole violating
offenders and/or non compliant probationers.
SECTION 6. Amending text of Salt Lake City Code section 21A.62.040. That section
21 A.62.040 of the Salt Lake City Code(Definitions),shall be,and hereby is,amended to include
a definition of"Jail",to be inserted in alphabetical order,which definition shall read as follows:
"Jail"means a place for lawful confinement of persons.For the purpose of this title,a
jail shall not include Community Correctional Facilities and mental hospitals. A jail
includes a facility for the judicially required detention or incarceration of people who are
under 24-hour supervision by sworn officers,and confinement of offenders where force
may be used to restrain them if they attempt to leave the institution without authorization.
SECTION 7.Amending text of Salt Lake City Code section 21A.31.050. That the table,
titled"Table of Permitted and Conditional Uses In The Gateway District",which is located at
section 21A.31.050 of the Salt Lake City Code,shall be,and hereby is,amended to remove from
that table the use category of"Halfway homes".
SECTION 8. Amending text of Salt Lake City Code section 21A.36.080. That section
21A.36.080 of the Salt Lake City Code(Transitional Victim Homes),shall be,and hereby is,
amended to read as follows:
A. Purpose Statement:The purpose of this section is to permit the establishment of
transitional victim homes for the physically abused as defined in part VI,chapter
21A.62 of this title,subject to licensing procedures and,where appropriate,
conditional use standards.
B. License Required:No transitional victim home for the physically abused shall be
established,operated or maintained within the city without a valid license issued by
the Utah state division of licensing,department of human services,and without a
valid business license issued by the Salt Lake City business license office.
C. Small Transitional Victim Homes:Authorized As Permitted Uses:Small
transitional victim homes shall be permitted as either principal or accessory uses
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pursuant to subsection B of this section in the RMF-75,R-MU and RO districts
provided:
1.No small transitional victim home shall be located within eight hundred feet(800')
of another transitional victim home,residential substance abuse treatment home
or transitional treatment home.
2.Small transitional victim homes established in RO districts shall be located above
the ground floor.
D.Small Transitional Victim Homes-Authorized As Conditional Uses:Small
transitional victim homes,as either principal or accessory uses,may be allowed as a
conditional use,pursuant to the provisions of part V,chapter 21A.54 of this title,and
pursuant to subsection B of this section in the RMF-35,RMF-45,R-MU-35,R-MU-
45,CC,CG,D-2,D-3,and G-MU districts provided:
1.No small transitional victim home shall be located within eight hundred feet(800')
of another transitional victim home,residential substance abuse treatment home
or transitional treatment home.
E.Large Transitional Victim Home:Authorized As Conditional Uses:Large
transitional victim homes,as either principal or accessory uses,may be allowed as a
conditional use,pursuant to the provisions of part V,chapter 21A.54 of this title,and
pursuant to subsection B of this section in the RMF-45,RMF-75,R-MU-45,R-MU,
RO,CC,CG,D-2,D-3,and G-MU districts provided:
1.No large transitional victim home shall be located within eight hundred feet(800')
of another transitional victim home,residential substance abuse treatment home,
transitional treatment home or Community Correctional Facility;and
2.Large transitional victim homes established in RO districts shall be located above
the ground floor.
SECTION 9. Amending text of Salt Lake City Code section 21A.36.090. That section
21A.36.090 of the Salt Lake City Code(Transitional Treatment Homes),shall be,and hereby is,
amended to read as follows:
A. Purpose Statement:The purpose of this section is to permit the establishment of
transitional treatment homes for"persons with disabilities"as defined in part VI,
chapter 21A.62 of this title,subject to licensing procedures and,where appropriate,
conditional use standards.
B. License Required:No transitional treatment home for persons with disabilities shall
be established,operated or maintained within the city without a valid license issued
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by the Utah state division of licensing,department of human services,and without a
valid business license issued by the Salt Lake City business licensing office.
C. Small Transitional Treatment Homes-Authorized As Conditional Uses:Small
transitional treatment homes,as either principal or accessory uses,may be allowed as
a conditional use,pursuant to the provisions of part V,chapter 21 A.54 of this title,
and pursuant to subsection B of this section in the RMF-35,RMF-45,RMF-75,R-
MU-35,R-MU-45,R-MU,RO,CC,CG,D-2,D-3,and G-MU districts provided:
1.No small transitional treatment home shall be located within eight hundred feet
(800')of another transitional treatment home,residential substance abuse
treatment home,transitional victim home or Community Correctional Facility;
and
2.A small transitional treatment home established in the RO district shall be located
above the ground floor.
D. Large Transitional Treatment Homes-Authorized As Conditional Uses:Large
transitional treatment homes may be allowed as either principal or accessory uses,as
a conditional use pursuant to the provisions of part V,chapter 21A.54 of this title,and
pursuant to subsection B of this section in the RMF-45,RMF-75,R-MU-45,R-MU,
RO,CC,CG,D-2,D-3,and G-MU districts provided:
1.No large transitional treatment home shall be located within eight hundred feet
(800')of another transitional treatment home,residential substance abuse
treatment home,transitional victim home or Community Correctional Facility;
and
2.A large transitional treatment home established in the RO district shall be located
above the ground floor.
SECTION 10.Amending text of Salt Lake City Code section 21A.36.100. That section
21A.36.100 of the Salt Lake City Code(Residential Substance Abuse Treatment Homes),shall
be,and hereby is,amended to read as follows:
A. Purpose Statement:The purpose of this section is to permit the establishment of
residential substance abuse treatment homes for the addicted as defined in part VI,
chapter 21 A.62 of this title,subject to licensing procedures and,where appropriate,
conditional use standards.
B. License Required:No transitional treatment home for persons with disabilities shall
be established,operated or maintained within the city without a valid license issued
by the Utah state division of licensing,department of human services,and without a
valid business license issued by the Salt Lake City business licensing office.
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C. Small Residential Substance Abuse Treatment Homes-Authorized As
Permitted Uses:Small residential substance abuse treatment homes shall be
permitted as either principal or accessory uses pursuant to subsection B of this section
in the RMF-75,R-MU-35,R-MU-45,R-MU and RO districts provided:
1.No small residential substance abuse treatment home shall be located within eight
hundred feet(800')of another residential substance abuse treatment home,
transitional victim home or transitional treatment home;and
2.A small residential substance abuse treatment home established in RO districts
shall be located above the ground floor.
D.Small Residential Substance Abuse Treatment Homes-Authorized As
Conditional Uses:Small residential substance abuse treatment homes,as either
principal or accessory uses,may be allowed as a conditional use pursuant to the
provisions of part V,chapter 21A.54 of this title,and pursuant to subsection B of this
section in the RMF-35,RMF-45,CC,CG,D-2,D-3 and G-MU districts provided:
1.No small residential substance abuse treatment home shall be located within eight
hundred feet(800')of another residential substance abuse treatment home,
transitional victim home,transitional treatment home or Community Correctional
Facility.
E.Large Residential Substance Abuse Treatment Homes-Authorized As
Conditional Uses:Large residential substance abuse treatment homes,as either
principal or accessory uses,may be allowed as a conditional use pursuant to the
provisions of part V,chapter 21A.54 of this title,and pursuant to subsection B of this
section in the RMF-45,RMF-75,R-MU-45,R-MU,RO,CC,CG,D-2,D-3,and G-
MU districts provided:
1.No large residential substance abuse treatment home shall be located within eight
hundred feet(800')of another residential substance abuse treatment home,
transitional victim home,transitional treatment home or Community Correctional
Facility;and
2.A small residential substance abuse treatment home established in RO districts
shall be located above the ground floor.
SECTION 11.Amending text of Salt Lake City Code section 21A.44.060F. That the
table,titled"SCHEDULE OF MINIMUM OFF STREET PARKING REQUIREMENTS",
which is located at section 21A.44.060F of the Salt Lake City Code,shall be,and hereby is,
amended to remove from that table the term"halfway house"and replace it with"Community
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Correctional Facility"such that only the amended provision of such table shall appear and read
as follows:
Table 21A.44.060F
SCHEDULE OF MINIMUM OFF STREET PARKING REQUIREMENTS
Each principal building or use shall have the following minimum number of parking spaces:
Transitional treatment home or Community 1 parking space for each 4 residents and 1
Correctional Facility parking space for every 2 support staff present
during the most busy shift
SECTION 12. 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 17th day of February
2009.
(44COL-1=.---
CHAIRP
ATTEST AND COUNTERSIGN:
4217-CITYORDER` .1-- - M„
f�`rtE Ciry\
4,'4J Sti„, 'RA'tti
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Transmitted to Mayor on 2/17/09 .
l�T,
-)Mayor's Action: ) Approved. Vetoed. 2�
MAYOR
•
CIT RECORDER
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(SEAL) ° _::_� ��= '. /3
Bill No. 2 of 2009. / -C^JIB ,,) fp.c,,y&age(
Published:2-18-09
H B_ATTY-#6347-v8-Ord inance_-_Community_Correctional_Facilities
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