35A-16-502.5. County noncompliance with winter response plan requirements.
(1)
This section applies to an applicable county that is in noncompliance with Section 35A-16-502.
Terms Used In Utah Code 35A-16-502.5
Applicable county: means a county of the first or second class. See Utah Code 35A-16-501
Capacity limit: means a limit as to the number of individuals that a homeless shelter may provide overnight shelter to under a conditional use permit. See Utah Code 35A-16-501
Subsequent winter response period: means the winter response period that begins on October 15 of the year in which a county winter response task force is required to submit a winter response plan to the office under Section 35A-16-502. See Utah Code 35A-16-501
Temporary winter response shelter: means a facility that:
(a)
provides temporary emergency shelter to individuals experiencing homelessness during a winter response period; and
Subject to Subsection (3), the following provisions apply within the applicable county during the subsequent winter response period:
(a)
the office may authorize:
(i)
the expansion of a homeless shelter‘s capacity limit by up to 25%; and
(ii)
the operation of one or more temporary winter response shelters; and
(b)
the applicable county, and any municipality located within the applicable county, may not enact or enforce an ordinance or otherwise take any action that limits or restricts the office’s authority under Subsection (2)(a).
(3)
(a)
The office may not authorize the expansion of a homeless shelter’s capacity under Subsection (2)(a) unless:
(i)
the homeless shelter is in compliance with the applicable building code and fire code; and
(ii)
the fire code official approves the layout of the homeless shelter.
(b)
In authorizing the operation of a temporary winter response shelter under Subsection (2)(a), the office:
(i)
may not authorize the siting of a temporary winter response shelter within a three-fourths mile radius of any homeless shelter; and
(ii)
shall consider:
(A)
a site located more than 500 feet from any community location;
(B)
a site located in a municipality in which a homeless shelter is not located;
(C)
the locations of permanent supportive housing;
(D)
authorizing the operation of a temporary winter response shelter before authorizing the expansion of a homeless shelter’s capacity limit;
(E)
the potential impacts of a temporary winter response shelter on community locations; and
(F)
any recommendations included in the applicable county’s winter response plan, regardless of the office’s determination of noncompliance.
(4)
A temporary winter response shelter authorized by the office under this section may not be converted into a permanent facility after April 15, 2026, without the consent of the municipality in which the facility is located.
