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SALT LAKE CITY ORDINANCE
No. 90 of 2008
(An Ordinance Enacting Temporary Zoning Regulations Authorizing
Homeless Shelter Overflow Use at 437 West 200 South)
An ordinance enacting temporary zoning regulations to allow temporary overflow homeless shelter use at 437 West 200 South.
WHEREAS, Section 10-9a-504 of the Utah Code allows cities, without prior consideration and recommendation from the Planning Commission, to enact ordinances establishing temporary land use regulations for any part or all of the City if the Salt Lake City Council (“City Council”) makes a finding of compelling, countervailing public interest; and
WHEREAS, homelessness is a problem faced by most, if not all, major metropolitan areas; and
WHEREAS, according to the Western Regional Climate Center, the average winter month temperature ranges in Salt Lake City are 22.2° F (low) to 38.6° F (high) in December; 20.3° F (low) to 37.5° F (high) in January; and 24.7° F (low) to 43.5° F (high) in February and cold temperatures can extend beyond these months; and
WHEREAS, exposure to extreme cold temperatures can cause death, and in the past has caused death among the homeless in Salt Lake City; and
WHEREAS, during the cold winter months, Salt Lake City homeless shelters frequently do not have sufficient capacity to provide shelter for all who seek refuge from extreme weather conditions; and
WHEREAS, the nation’s current economic and housing crises will likely cause the number of homeless in Salt Lake City to rise; and
WHEREAS, the subject property is situated in the D-3 zoning district, which allows homeless shelters as a conditional use; however, the current time projection for processing a conditional use permit in the City is approximately 4-6 months; and
WHEREAS, the City finds that protecting lives from the potentially deadly consequences of severe winter weather constitutes a compelling, countervailing public interest which justifies a temporary land use regulation; and
WHEREAS, the City Council intends for this temporary ordinance to be effective only for the 2008-2009 winter season, and encourages State and local leadership, public interest groups, community organizations and local businesses to work together to develop solutions to the challenges presented by homelessness, including the housing of homeless persons;
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 expressly finds that the need to protect the homeless from the deadly effects of severe winter weather constitutes a compelling, countervailing public interest sufficient to justify these temporary land use regulations.
SECTION 2. Boundaries. This temporary land use regulation shall apply to the property located at 437 West 200 South.
SECTION 3. Uses Authorized. Temporary overflow homeless shelters in those areas/places identified in Section 2 above are hereby authorized subject to the conditions enumerated below.
SECTION 4. Conditions. Temporary overflow homeless shelter use shall be allowed in those areas/places identified in Section 2 above for the time period specified herein provided that the following conditions are met:
1) Structures to be used for temporary overflow homeless shelter use shall meet all building code requirements for such use, or
2) For such structures lacking required fire sprinkler systems, the structure shall meet all building code requirements except for installation of fire sprinkler systems provided:
a. A night watchman be on duty and awake to observe hazardous and dangerous conditions between the hours of 10:00 p.m. and 7:00 a.m. the following morning, which person shall enforce no smoking requirements of state law;
b. Each such location shall have hand-held fire extinguishers on the premises as approved and directed by the Salt Lake City Fire Marshall. All Sleeping areas authorized and employed as emergency shelter for the homeless, under the provisions of this temporary ordinance, shall be so located and maintained as to have an occupancy load of not less than ten (10) square feet per person;
c. Aisles, corridors and exits shall be maintained unobstructed for the purpose of egress and ingress to exits;
d. The Salt Lake City Fire Marshall will make every reasonable effort to inspect the temporary overflow homeless shelter(s) identified herein on a weekly basis; or
3) Structures to be used for temporary overflow homeless shelter shall meet all building codes for such use or submit a plan to the City Building Official to provide alternative measures for assuring life safety protection for such building code provisions that cannot reasonably be met in lieu of strict adherence to such building code provisions. Whether a plan for alternative measures under this subsection 3) may provide sufficient assurance for life safety protection shall be left to the sole decision of the Building Official and shall not be appealable.
SECTION 5. Sunset. This temporary zoning ordinance shall remain in effect until April 15, 2009, unless earlier amended, modified or repealed.
SECTION 7. Effective date. This ordinance shall become effective upon publication.
Passed by the City Council of Salt Lake City, Utah, this 9th day of December, 2008.
Bill No. 90 of 2008.
Published: December 23, 2008.