Lesson 2 – How Do Conditional Uses Work?

§10-9a-507 of Utah State Code grants municipalities the ability to adopt land use ordinances that include conditional uses and provisions for them that require compliance with objective standards set forth in applicable ordinances.  The State however specifically prohibits  municipalities from imposing requirements or standards on conditional uses that conflict with state or federal laws.

When a conditional use application is received, the designated land use authority shall approve a conditional use if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards.  (§10-9a-507).  Note:  To reasonably mitigate anticipated detrimental effects of the proposed conditional use does not require the elimination of the detrimental effect.

If reasonable conditions on a proposed conditional use are proposed by the land use authority, the land use authority shall ensure that the conditions are stated on the record and ensure that they reasonably relate to mitigating the anticipated detrimental effects of the proposed use.

Only when the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards may the conditional use be denied by the land use authority.  (§10-9a-507)

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