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Local governments may include “conditional uses” as part of their land use ordinances. A use is chosen to be conditional because its unique characteristics makes the use incompatible in some areas or compatible only if conditions are required to mitigate detrimental impacts. Conditional uses must comply with the following standard, found at Utah Code §§ 10-9a-507 (municipalities) and 17-27a-506 (counties).

1. A conditional use shall be approved 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.
2. If 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, the conditional use may be denied.

See the Booklet: Imposing Conditions on Land Use .

These guidelines are provided by the Office of the Property Rights Ombudsman in an effort to provide better understanding of constitutional private property protections and the land use regulation process. They are not meant to constitute legal advice. They simplify and broadly generalize complex issues of law. Questions should always be directed to your attorney for specific advice. Suggestions and comments are always welcome.