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A. Purpose Statement: The purpose of this section is to permit the establishment of medicinal cannabis pharmacy use as defined in Chapter 21A.62 of this title, subject to licensing procedures required by the State of Utah.
B. License Required: No medicinal cannabis pharmacy shall be established, operated, or maintained within the city without a valid license issued by the Utah Department of Health, and without a valid business license issued by the city.
C. Medicinal Cannabis Pharmacy Authorized as Permitted Use: A medicinal cannabis pharmacy shall be permitted pursuant to Chapter 26-61a, Utah Code, as amended, in all city zoning districts, except zoning districts that are primarily residential unless otherwise stated in this Subsection 21A.36.310.C. Residential zones that are primarily residential in Salt Lake City are all zoning districts established in Chapter 21A.24, Residential Districts, as well as the FB-UN1 Form Based Urban Neighborhood District, FP Foothills Protection District, and the MH Mobile Home Park District. Notwithstanding the prohibition of this use in primarily residential districts, a medicinal cannabis pharmacy shall be permitted in the RMU, RMU-35, RMU-45, RO, and RB zoning districts.
1. As required by Utah Code Chapter 26-61a, a medicinal cannabis pharmacy shall be located at least:
a. Two hundred feet (200') from a community location (public or private school, licensed child care facility or preschool, church, public library, public playground or public park); or
b. Six hundred feet (600') from an area zoned primarily residential.
2. The proximity requirements described in Subsection C.1 shall be measured as required in Chapter 26-61a, Utah Code, as amended.
D. Signs: Signs shall be subject to the dimensional requirements per Sections 26-61a-505 and 4-41a-403, Utah Code, as amended.
E. Conflict of Laws: If any regulation in Title 21A - Zoning, regarding medicinal cannabis is in conflict with Utah Code, the provisions of Utah Code shall prevail.
(Ord. 4-20, 2020)
A. A homeless resource center or homeless shelter may be allowed pursuant to Chapter 21A.34 of this title and the requirements of this section. A homeless resource center or homeless shelter located within the city shall comply with the following regulations. Any homeless resource center or homeless shelter approved as a conditional use shall comply with these regulations and the requirements of the approved conditional use. The owner of the property where a homeless resource center or homeless shelter is located shall ensure that the operator complies with the requirements of this chapter.
1. Capacity Limit: a maximum of two hundred (200) unsheltered persons.
2. Security And Operations Plan: A plan shall be prepared by the applicant, and approved by the Salt Lake City Police Department and Division of Community and Neighborhoods, and filed with the Salt Lake City Recorder's Office. A security and operations plan shall include:
a. A community relations and complaint response program that identifies specific strategies and methods designed to maintain the premises in a clean and orderly condition, minimize potential conflicts with the owners/operators and uses of neighboring properties, and prohibit unlawful behavior by occupants of the homeless resource center or homeless shelter on the site. The community relations and complaint response program shall include at least the following elements:
(1) Identify a representative of the homeless resource center or homeless shelter, including the representative's name, telephone number, and email, who will meet with neighbors upon request to attempt to resolve any complaints regarding operation of the center;
(2) A dedicated twenty four (24) hour telephone line for the purpose of receiving complaints;
(3) Quarterly meetings with a community coordinating group, which shall be open to the public, to discuss and address concerns and issues that may be occurring as a result of the homeless resource center or homeless shelter operation. The operator may establish policies and procedures for the meetings, including rules of decorum. The meetings shall be advertised at least ten (10) days in advance by posting notice on the operator's website and a sign posted along the public street;
(4) Representatives from each of the following shall be included in the community coordinating group:
(A) The homeless resource center or homeless shelter;
(B) A business located within one-fourth (1/4) mile of the site;
(C) A resident who lives within one-fourth (1/4) mile of the site;
(D) A school, if any, located within one-fourth (1/4) mile of the site;
(E) Chair of the community council, or designee, whose boundary encompasses the site;
(F) An individual who has previously received or is currently receiving services (i.e., client) from a homeless resource center or homeless shelter; and
(5) A written annual report, provided on or before February 15th of each year, from the operator of the homeless resource center or homeless shelter, provided to the planning director, which shall be posted to the planning division website and which shall include the following information:
(A) List of individuals who have participated in the community coordinating group meetings;
(B) A summary of each community coordinating group meeting;
(C) A summary of complaints received from the community by the operator of the homeless resource center or homeless shelter; and
(D) An explanation of how complaints have been addressed/resolved.
(E) A review and analysis of the CPTED controls on site and the security and operations plan identifying any deficiencies.
b. A complaint response community relations program that includes strategies and methods designed to maintain the premises in a clean and orderly condition, minimize potential conflicts with the owners/operators and uses of neighboring property, and prohibit unlawful behavior by occupants of the homeless resource center or homeless shelter on the site or adjacent public right-of-way.
c. A provision requiring a representative of the homeless resource center or homeless shelter to meet with neighbors upon request to attempt to resolve any neighborhood complaints regarding operation of the center;
d. A requirement for continuous on-site security, which includes professional security personnel, monitored security cameras, trained emergency responders, and emergency alert systems.
e. A plan to maintain noise levels in compliance with Chapter 9.28 of this code;
f. Design requirements that ensure any areas for client queuing take place strictly within an enclosed building;
g. Designation of a location for smoking tobacco outdoors in conformance with State laws;
h. A provision stating that any trash on the premises be collected and deposited in a trash receptacle by six o’clock (6:00) A.M. the following day;
i. A provision stating that portable trash receptacles on the premises be emptied daily and that other receptacles be emptied at a minimum of once per week or as needed.
j. Designation of an indoor location within the site where emergency services can easily and privately provide necessary services to clients.
k. If privately owned homeless resource centers or homeless shelters prohibit possession of a firearm within the shelter then such shelters shall display visible signage at all public entrances indicating that firearms are not permitted inside the homeless shelter; provide a means of detecting firearms at all public entrances and develop a plan to ensure an individual is physically present at all entrances when the public entrance is in use; provide a secure storage area for firearms of clients of the shelter, but also clear policies to not collect information on the firearm while in storage at shelter; develop an abandonment plan if a firearm is left in storage for more than seven (7) days for relinquishment to law enforcement for disposal.
3. The applicant shall provide building and site plans that have been reviewed by a certified CPTED (Crime Prevention Through Environmental Design) professional credentialed by the International Crime Prevention Through Environmental Design Association or similar organization. The CPTED professional shall indicate that the plans comply with CPTED principles and be approved by the Salt Lake City Police Department. The police department may recommend modification to the plans to improve the safety of the site to the zoning administrator. The zoning administrator is authorized to allow modifications to the zoning regulations listed in this section in order to improve the safety of the site when the recommended modification is not permitted by the zoning ordinance. Modifications shall be limited to the following:
a. Fence height and fence design;
b. Landscaping;
c. Clear view distances at driveways;
d. Design standards when necessary to provide privacy for the operation of the homeless resource center.
4. Maintenance:
a. The building and site must be maintained free from graffiti, litter, garbage, and other items that constitute a nuisance;
b. The building must be maintained in good repair and all property damage is repaired in a timely manner;
c. All fencing, walls, paving, walkways and other site features must be maintained in good repair, and free from obstruction.
5. Building and Zoning Compliance: A homeless resource center or homeless shelter shall comply with all applicable building and zoning regulations.
B. Standards For Homeless Resource Centers (Temporary):
1. When Allowed: A homeless resource center (temporary) is allowed if the following situations are present in the city:
a. The existing homeless resource centers and homeless shelters in the city are at full capacity or are likely to be at full capacity due to temperatures dropping below thirty two (32) degrees or heat index above ninety five (95) degrees Fahrenheit is reasonably expected; or
b. The city is required to provide emergency shelter by applicable state laws.
2. Location: A homeless resource center (temporary) may be located in existing buildings within the city if:
a. The building proposed for a homeless resource center (temporary) complies with one of the following:
(1) Is located in a zoning district that allows hotels, motels, or multi-family dwellings;
(2) Is owned by a government entity regardless of underlying zoning; or
(3) Was constructed as a hotel, motel, or other temporary lodging purpose.
b. The site contains permanent or temporary restrooms adequate for the determined occupancy load.
c. The building complies with or can comply with applicable building and fire codes deemed necessary by city officials who are qualified to make such a determination.
d. The building complies with the spacing requirements as may be required in Utah Code Section 35A-16-502 regulating separation requirements or its successor.
3. Security And Operations Plan: The operator of the facility provides the city with a security and operations plan that includes:
a. Contact information for a twenty four (24) hour property manager who has responsibility for administering the security and operations plan and addressing nuisances or compliance issues required by applicable laws. The contact info must be clearly posted on the site and legible to passers-by.
b. A description of the intake process for those that may be using the facility that can occur entirely within the building or on the property in a manner that does not impact public sidewalks.
c. Designated smoking areas on the property that are located in areas that comply with applicable laws and are at least thirty (30) feet from a property line.
d. A property maintenance plan to ensure that the property is maintained free of litter and any waste.
e. A vicinity maintenance plan to ensure that the properties and public space within six hundred sixty (660) feet of the property where the facility is located are free from any litter or waste and that requires the facility operator to respond to requests from property owners or occupants of the properties within 660 feet to remove any waste, including sanitization when necessary, that can be attributed to the occupants of the facility.
f. If privately owned homeless resource centers or homeless shelters prohibit possession of a firearm within the shelter then such shelters shall display visible signage at all public entrances indicating that firearms are not permitted inside the homeless shelter; provide a means of detecting firearms at all public entrances and develop a plan to ensure an individual is physically present at all entrances when the public entrance is in use; provide a secure storage area for firearms of clients of the shelter, but also clear policies to not collect information on the firearm while in storage at shelter; develop an abandonment plan if a firearm is left in storage for more than seven (7) days for relinquishment to law enforcement for disposal.
g. Provisions that address ingress and egress to the site. The zoning administrator may require features such as fences to regulate egress and ingress to the site.
h. A requirement for continuous on-site security which include professional security personnel, monitored security cameras, trained emergency responders, and emergency alert systems.
4. Temporary Land Use Regulations: The city council may approve any homeless resource center (temporary) utilizing temporary land use approval authority prescribed under current laws. (Ord. 19-23, 2023: Ord. 15A-22, 2022: Ord. 64-21, 2021: Ord. 60-17, 2017)
The shared housing use, as defined in Chapter 21A.62 of this title, shall be allowed in zoning districts as provided in Chapter 21A.33 "Land Use Tables," and are subject to the following provisions:
A. The shared housing use shall be subject to the same lot and bulk requirements as the multi-family dwelling use, but not the density requirements of the underlying zone.
B. Maximum Occupancy of Sleeping Rooms: Each sleeping room contained within the individual shared housing unit shall house a maximum of two (2) people.
C. Minimum Floor Area of Sleeping Rooms: Each sleeping room contained within the individual shared housing unit shall include a minimum of one hundred (100) square feet of floor area for a single tenant, or a minimum of one hundred twenty (120) square feet of floor area for two (2) tenants.
1. The floor area of each sleeping room shall be calculated as the sum of the gross horizontal area of the unit measured from the interior face of interior walls.
2. Calculation of this area shall not include spaces consumed by closets/storage, mechanical equipment, or appliances.
D. Communal Areas: In an effort to provide sufficient accommodations for socializing and meeting, communal areas are required in shared housing developments. Communal areas may include, but not be limited to: libraries, lounges, recreation rooms, dining rooms, and laundry rooms that are accessible to all residents of the shared housing development shall be included, and shall meet the following requirements:
1. The total amount of communal area shall have a minimum of twenty (20) square feet per sleeping room.
2. Areas such as kitchens and bathrooms shared between multiple units, hallways and corridors, storage areas (including bicycle storage), operations and maintenance areas, or management areas and offices may not be counted toward the communal area requirement.
E. Management:
1. A shared housing development may include an office for the purpose of managing the living units and common facilities, and/or one self-contained living unit with private kitchen and bathroom facilities for a manager or caretaker.
2. A property manager, who will be responsible for the conduct, operation, and maintenance of the shared housing development, shall be on site twenty-four (24) hours a day.
3. All communal areas, with the exception of bathrooms, shall be continuously monitored by security cameras.
4. A twenty-four (24) hour phone number for the on site manager shall be posted on the property in a location where the phone number is clearly visible from the public sidewalk and within communal areas.
5. A management plan shall be approved by the Department of Community and Neighborhoods and recorded with the Salt Lake County Recorder's office. The management plan shall include the signatures of the directors or designee of the Planning Division, Housing Stability, and Building Services. The department may require modifications to the plan to comply with requirements of this section. The signatures shall be on the document before the document is recorded. The facility shall not be occupied until the document is recorded. The management plan shall include at least the following details:
a. A process for a member of the facility's management to meet with neighbors upon request in order to attempt to resolve any neighborhood complaints regarding the operations of the facility;
b. A plan to address nuisances that may be generated by the use that includes a time frame for responding to city notices related to the existence of a nuisance;
c. A maintenance plan for communal areas, including shared kitchens and bathrooms, within the shared housing facility and the subject property;
d. A plan to address tenant grievances regarding the condition of common areas, disturbances caused by other tenants and/or their guests;
e. A security plan that addresses entrance to the facility, the use of the facility for guests, the safety of communal and shared areas, and how the operators of the use will address safety concerns raised by building occupants; and
F. Accessibility: All areas of a shared housing development shall be designed to be universally accessible as required by the construction codes adopted by the Utah Building Code Commission to be used statewide, by the political subdivisions of the State. Individual units and sleeping rooms required to be universally accessible by the adopted building code shall be located on the ground floor. If more units and sleeping rooms are required than what can be accommodated on the ground floor, the units may be located on other floors within the building if an elevator is provided.
G. Designation of a location for smoking tobacco outdoors shall be in conformance with state law and located a minimum of thirty feet from a property line of the subject property;
H. Any trash or litter located on the premise or in the public right of way adjacent to the subject property shall be picked up by 8:00 A.M. each day. Any trash receptacle on the premise shall be emptied on a regular basis to prevent overflow; and
I. Shared Bathrooms and Kitchens: Shared bathrooms and kitchens shall be subject to the following requirements:
1. Shared bathrooms: No more than two (2) sleeping rooms shall share one bathroom. All shared bathrooms shall have doors that can be locked by a resident while in use.
2. Shared Kitchens: No more than four (4) sleeping rooms shall share a kitchen.
3. Reuse of Existing Buildings: If an existing building is converted to a shared housing use, the provision limiting the number of sleeping rooms per shared kitchen is not applicable. All shared bathrooms shall have doors that can be locked by a resident while in use.
J. Reporting: The planning division shall provide an annual report to the city council detailing the number of applications for shared housing uses, the address of each shared housing use for which an application was submitted, a brief explanation of reasons why an application was denied, and a map showing approved shared housing uses. The report shall be included as part of the city's moderate income housing report required under Utah Code 10-9a-408 or its successor. (Ord. 66-22, 2022)