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SALT LAKE CITY ORDINANCE
No. 38 of 1999
(Amending the Salt Lake City Zoning Code regarding the approval process for halfway homes, residential substance abuse treatment homes, transitional treatment homes, transitional victim homes and group homes)
AN ORDINANCE AMENDING THE SALT LAKE CITY ZONING CODE RECLASSIFYING HALFWAY HOMES, RESIDENTIAL SUBSTANCE ABUSE TREATMENT HOMES, TRANSITIONAL TREATMENT HOMES, TRANSITIONAL VICTIM HOMES, AND LARGE GROUP HOMES AS CONDITIONAL USES RATHER THAN PERMITTED USES IN ALL COMMERCIAL, DOWNTOWN AND GATEWAY ZONING DISTRICTS; AND ALLOWING SMALL GROUP HOMES AS PERMITTED USES WHEREVER DWELLINGS ARE PERMITTED, PURSUANT TO PETITION NO. 400-99-02.
WHEREAS, there have been ongoing concerns regarding the compatibility of halfway homes, residential substance abuse treatment homes, transitional treatment homes, transitional victim homes, and large group homes in commercial, downtown and gateway districts; and
WHEREAS, if not properly regulated, these uses may contribute to vagrancy, vandalism, and other criminal activities that threaten the public health, safety and welfare of property owners and citizens in commercial, downtown and gateway districts where there is often not a property owner presence or surveillance after business hours; and
WHEREAS, the impact of the uses stated above in commercial, downtown and gateway zoning districts needs to be reviewed and assessed in granting approval for such uses; and
WHEREAS, commercial, downtown and gateway districts may not provide the residential infrastructure necessary to support a residential environment; and WHEREAS, Utah State law requires that small group homes be allowed in any zone where other dwellings are allowed; and
WHEREAS, the City Council of Salt Lake City, Utah finds after public hearings before its own body and before the Planning Commission that the procedure for authorizing halfway homes, residential substance abuse treatment homes, transitional treatment homes, transitional victim homes, and large group homes in commercial, downtown and gateway districts should be modified to provide greater review and analysis in order to assure that the proposed use is compatible with the existing community; and
WHEREAS, the City Council of Salt Lake City, Utah, finds that after public hearings before its own body and before the Planning Commission that portions of the Salt Lake City zoning code should be amended to allow small group homes as permitted uses where other dwellings are allowed; and
WHEREAS, the City Council has determined that such amendments to the Salt Lake City zoning code are in the best interest of the City;
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City. Utah:
SECTION 1. That Section 21A.36.070 C, D and E of the Salt Lake City Code shall be and hereby is amended to read as follows:
C. Small Group Homes-Authorized as Permitted Uses. Small group homes shall be permitted as either principal or accessory uses pursuant to subsection B of this section in the FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, SR-1, SR-3, R-2, RMF-30, RMF-35, RMF-45, RMF-75, RB, RMU, RO, CN, CB, CC, CS, C-SHBD, CG, D-1, D-2, D-3, D-4 and G-MU districts provided:
1. No small group home shall be located within eight hundred feet of another group home; and
2. Small group homes established in the RB and RO districts shall be located above the ground floor.
D. Large Group Homes-Authorized as Conditional Uses. Large group homes, as either principal or accessory uses, may be allowed as conditional uses pursuant to the provisions of Part V, Chapter 21A.54 Conditional Uses, and pursuant to subsection B of this section in the RMF-30, RMF-35, RMF-45, RMF-75, RB, RMU, RO, CC, CG, D-2, D-3 and G-MU districts provided:
1. No large group home shall be located within eight hundred feet of another group home; and
2. Large group homes established in the RB and RO districts shall be located above the ground floor.
SECTION 2. Section 21A.36.080 C, D, E and F of the Salt Lake City Code shall be and hereby is amended to read as follows:
C. Small Transitional Victim Homes-Authorized as Permitted Uses. Small transitional victim homes shall be permitted as either principal or accessory uses pursuant to subsection B of this section in the RIVIF-75, RMU and RO districts provided:
1. No small transitional treatment home shall be located within eight hundred feet of another transitional victim home, residential substance abuse treatment home, transitional treatment home or halfway 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, Conditional Uses 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 transitional victim home shall be located within eight hundred feet of another transitional victim home, residential substance abuse treatment home, transitional treatment home or halfway home.
E. Large Transitional Victim Homes-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, Conditional Uses, and pursuant to subsection B of this section in the RMF-45, RMF-75, RMU, 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 of another transitional victim home, residential substance abuse treatment home, transitional treatment home or halfway home; and
2. Large transitional victim homes established in RO districts shall be located above the ground floor.
SECTION 3. Section 21A.36.090 C, D, E and F of the Salt Lake City Code shall be and hereby is amended to read as follows:
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 21A.54, Conditional Uses, and pursuant to subsection B of this section in the RMF-35, RMF-45, RMF-75, RMU, 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 of another transitional treatment home, residential substance abuse treatment home, transitional treatment home or halfway home; and
2. A small transitional treatment home established in the RO district shall be located above the ground floor.
D. Large Transitional Treatment Home-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, Conditional Uses, and pursuant to subsection B of this section in the RMF-45, RMF-75, RMU, 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 of another transitional treatment home, residential substance abuse treatment home, transitional treatment home or halfway home; and
2. A large transitional treatment home established in the RO district shall be located above the ground floor.
SECTION 4. Section 21A.36.100 C, D, E and F of the Salt Lake City Code shall be and hereby is amended to read as follows:
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, RMU and RO districts provided:
1. No small residential substance abuse treatment home shall be located
within eight hundred feet of another residential substance abuse treatment home,
transitional victim home, transitional treatment home or halfway 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, Conditional Uses, and pursuant to subsection B of this section in the RMF-35, RMF-45, CC, CG, D-2, D-3 and GMU districts provided:
1. No small residential substance abuse treatment home shall be located within eight hundred feet of another residential substance abuse treatment home, transitional victim home, transitional treatment home or halfway home.
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, Conditional Uses, and pursuant to subsection B of this section in the RMF-45, RMF-75, RMU, 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 of another residential substance abuse treatment home, transitional victim home, transitional treatment home or halfway home;
2. A small residential substance abuse treatment home established in RO districts shall be located above the ground floor.
SECTION 5. Section 21A.36.1 10 of the Salt Lake City Code shall be and hereby is amended to read as follows:
21A.36.1 10 Halfway Homes
A halfway home, as either a principal or accessory use, as defined in Part VI, Chapter 21A.62, Definitions, may be allowed as a conditional use pursuant to the provisions of Part V, Chapter 21A.54, Conditional Uses, in the CG district provided it complies with all of the requirements of the particular zoning district, the general standards set forth in Part IV, all other requirements of this title and provided:
A. No halfway home shall be located within eight hundred feet of another halfway home, residential substance abuse treatment home, transitional victim home or transitional treatment home.
SECTION 6. The table located at Section 21A.26.080 of the Salt Lake City Code entitled “Table of Permitted and Conditional Uses for Commercial Districts,” shall be and hereby is amended, in part, to read as set forth on Exhibit “A” attached hereto.
SECTION 7. The table located at Section 21A.30.050 of the Salt Lake City Code entitled “Table of Permitted and Conditional Uses for Downtown Districts,” shall be and hereby is amended, in part, to read as set forth on Exhibit “B” attached hereto.
SECTION 8. The table located at Section 21A.31.050 of the Salt Lake City Code entitled “Table of Permitted and Conditional Uses in Gateway Districts,” shall be and hereby is amended, in part, to read as set forth on Exhibit “C” attached hereto.
SECTION 9. Effective Date. This ordinance shall take effect immediately upon its first publication.
Passed by the City Council of Salt Lake City, Utah this 17th day of June, 1999.
Bill No. 38 of 1999.
Published: June 18, 1999.