§10-9a-103 (for municipalities) and §17-27a-103 (for counties) of Utah State Code (as amended) defines a conditional use as a land use, that because of the unique characteristics or potential impact of the land use on the municipality or county, surrounding neighbors, or adjacent land uses, may not be compatible in come areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts.
In recent years, municipalities and counties alike have been grappling with the consequences of the requirements put into place by the Utah State Legislature back in 2021 – which now more or less requires them to approve a conditional use if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects.
By now, most jurisdictions know their hands are tied when it comes to approving conditional use (unless there is good cause otherwise), but many haven’t made the jump or don’t even know where to start when it comes to updating their land use ordinances in order to better comply with the directive.
Special Note: The Office of the Property Rights Ombudsman has provided funding for this training program from the 1% surcharge on all building permits in the State of Utah.
