Proposed Ordinance - 4/15/2024SALT LAKE CITY ORDINANCE
No. ____ of 2024
(An Ordinance Enacting Temporary Zoning Regulations Authorizing a Temporary Increase in
Overnight Capacity at the Gail Miller Resource Center located at 242 West Paramount Avenue)
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 a compelling countervailing public interest; and
WHEREAS, on April 11, 2018, the Salt Lake City Planning Commission granted a
conditional use permit to Shelter the Homeless to operate a 200-bed homeless resource center at
242 West Paramount Avenue (the “HRC”); and
WHEREAS, despite the efforts at various levels of government, the number of
individuals experiencing homelessness and the challenge addressing the needs of those
individuals has been compounded by the economic, humanitarian, and other various rising social
crises; and
WHEREAS, that until additional homeless resource centers are opened (or permanent
housing is made available) there should be flexibility in temporarily increasing the overnight
capacity at the HRC; and
WHEREAS, the City is committed to ensuring that individuals experiencing
homelessness have access to shelter; and
WHEREAS, increasing the overnight capacity at an existing shelter, as opposed to siting
an additional shelter, imposes a lesser impact on the community as a whole; and
WHEREAS, the State of Utah is in the process of siting a permanent homeless resource
campus but additional time is needed in order to locate and prepare the location, and during such
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period it is in the best interests of the city to allow additional capacity at existing homeless
resource centers; and
WHEREAS, the Salt Lake City Council desires to allow for a period of 180 days, no
more than 50 additional overnight sleeping accommodations at the HRC on an emergency basis,
subject to the provisions herein; and
WHEREAS, the Salt Lake City Council finds that providing housing for the City’s
unsheltered pending the creation of a larger state run facility 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 until 180 days after the effective date of this ordinance; 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 new
and expand existing 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 Salt Lake City Council finds that temporarily increasing the
overnight capacity of existing shelter resources, pending the creation of a larger state-run facility,
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to help ensure that individuals experiencing homelessness have access to shelter 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 242 West Paramount Avenue, which is already operating as a homeless
resource center.
SECTION 3. Uses Authorized. Increasing the overnight capacity to 250 beds
above is hereby authorized subject to the conditions listed in Section 4.
SECTION 4. Conditions. The temporary increase in the number of beds at the HRC is
authorized subject to the following:
a. The HRC 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 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 Marshal and shall not be appealable.
b. Shelter the Homeless, 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 250
individuals, excluding staff. Such temporary certificate of occupancy must be
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issued prior to any increase in overnight occupancy of the HRC pursuant to
this Ordinance.
d. All other conditions not expressly superseded by this temporary land use
regulation set forth in the conditional use permit issued to the HRC on or
about April 11, 2018 remain in full force and effect.
SECTION 5. Duration. This Ordinance shall remain in effect until 180 days after its
effective date unless earlier amended, modified, or repealed.
SECTION 6. Effective Date. After publication, this Ordinance shall take effect on May 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: ______________.
MILLER TLUR 4.12.2024
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: _________________________________
By: ___________________________________
Katherine Pasker, Senior City Attorney
April 12, 2024