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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-506

A municipality may adopt conditional-use ordinances, but it may not impose conflicting requirements. A land use authority must approve a conditional use when reasonable mitigation conditions are available, must put…

Source excerpt

administrative decisionconditional useconditional use approvalconditional use approvalsconditional usesland use ordinancesmitigation conditionsordinance complianceordinanceszoningzoning compliance
Jurisdiction
United States — Utah
Status
In force
Dates
Legal dates not recorded
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“A municipality may adopt conditional-use ordinances, but it may not impose conflicting requirements. A land use authority must approve a conditional use when reasonable mitigation conditions are available, must put proposed conditions on the record, may deny the use if substantial mitigation is not possible, and a legi”

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Conditional uses.

A municipality may adopt conditional-use ordinances, but it may not impose conflicting requirements. A land use authority must approve a conditional use when reasonable mitigation conditions are available, must put proposed conditions on the record, may deny…

Section 10-20-506

Subsection 10-20-506(1)(b)

A municipality may not impose a conflicting requirement or standard on a conditional use.

Section 10-20-506(1)(b)

Subsection 10-20-506(2)(a)(i)

A land use authority must approve a conditional use when reasonable conditions are proposed or can be imposed to mitigate the reasonably anticipated detrimental effects of the proposed use under applicable standards.

Section 10-20-506(2)(a)(i)

Subsection 10-20-506(2)(b)

If a land use authority proposes reasonable conditions for a conditional use, it must state those conditions on the record and make them reasonably relate to mitigating anticipated detrimental effects.

Section 10-20-506(2)(b)

Subsection 10-20-506(4)

A legislative body must classify each use allowed by a land use regulation in a zoning district as either permitted or conditional.

Section 10-20-506(4)

04

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Source record from le.utah.gov · Legal dates not recorded

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Showing 12 of 12 provisions

Provision 12

Part 10-20-5

part 10-20-5 Land Use Regulations - General Processes

§ 10-20-506Conditional uses.Provision

Source excerpt

A municipality may adopt conditional-use ordinances, but it may not impose conflicting requirements. A land use authority must approve a conditional use when reasonable mitigation conditions are available, must put proposed conditions on the record, may deny the use if substantial mitigation is not possible, and a legislative body must classify allowed uses as permitted or conditional.

Conditional uses. A municipality may adopt a land use ordinance that includes conditional uses and provisions for conditional uses that require compliance with objective standards set forth in an applicable ordinance. A municipality may not impose a requirement or standard on a conditional use that conflicts with a provision of this chapter or other state or federal law. A 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. The requirement described in Subsection (2)(a)(i) to reasonably mitigate anticipated detrimental effects of the proposed conditional use does not require elimination of the detrimental effects. If a land use authority proposes reasonable conditions on a proposed conditional use, the land use authority shall ensure that the conditions are stated on the record and reasonably relate to mitigating the anticipated detrimental effects of the proposed use. 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 land use authority may deny the conditional use. A land use authority's decision to approve or deny conditional use is an administrative land use decision. A legislative body shall classify any use that a land use regulation allows in a zoning district as either a permitted or conditional use under this chapter.
Section 10-20-506Verify source
§ 10-20-506(1)Subsection 10-20-506(1)Provision

Source excerpt

A municipality may adopt a land use ordinance for conditional uses, but it may not impose conflicting requirements or standards on those uses.

A municipality may adopt a land use ordinance that includes conditional uses and provisions for conditional uses that require compliance with objective standards set forth in an applicable ordinance. A municipality may not impose a requirement or standard on a conditional use that conflicts with a provision of this chapter or other state or federal law.
Section 10-20-506(1)Verify source
§ 10-20-506(1)(a)Subsection 10-20-506(1)(a)Provision

Source excerpt

A municipality may adopt a land use ordinance that includes conditional uses and rules requiring compliance with objective standards in an applicable ordinance.

A municipality may adopt a land use ordinance that includes conditional uses and provisions for conditional uses that require compliance with objective standards set forth in an applicable ordinance.
Section 10-20-506(1)(a)Verify source
§ 10-20-506(1)(b)Subsection 10-20-506(1)(b)Provision

Source excerpt

A municipality may not impose a conflicting requirement or standard on a conditional use.

A municipality may not impose a requirement or standard on a conditional use that conflicts with a provision of this chapter or other state or federal law.
Section 10-20-506(1)(b)Verify source
§ 10-20-506(2)Subsection 10-20-506(2)Provision

Source excerpt

A land use authority must approve a conditional use when reasonable conditions can mitigate the use’s reasonably anticipated detrimental effects, and it may deny the use if those effects cannot be substantially mitigated.

A 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. The requirement described in Subsection (2)(a)(i) to reasonably mitigate anticipated detrimental effects of the proposed conditional use does not require elimination of the detrimental effects. If a land use authority proposes reasonable conditions on a proposed conditional use, the land use authority shall ensure that the conditions are stated on the record and reasonably relate to mitigating the anticipated detrimental effects of the proposed use. 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 land use authority may deny the conditional use.
Section 10-20-506(2)Verify source
§ 10-20-506(2)(a)Subsection 10-20-506(2)(a)Provision

Source excerpt

A land use authority must approve a conditional use if reasonable conditions can be proposed or imposed to mitigate the expected harmful effects of the proposed use.

A 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. The requirement described in Subsection (2)(a)(i) to reasonably mitigate anticipated detrimental effects of the proposed conditional use does not require elimination of the detrimental effects.
Section 10-20-506(2)(a)Verify source
§ 10-20-506(2)(a)(i)Subsection 10-20-506(2)(a)(i)Provision

Source excerpt

A land use authority must approve a conditional use when reasonable conditions are proposed or can be imposed to mitigate the reasonably anticipated detrimental effects of the proposed use under applicable standards.

A 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.
Section 10-20-506(2)(a)(i)Verify source
§ 10-20-506(2)(a)(ii)Subsection 10-20-506(2)(a)(ii)Provision

Source excerpt

The requirement described in Subsection (2)(a)(i) to reasonably mitigate anticipated detrimental effects of the proposed conditional use does not require elimination of the detrimental effects.

The requirement described in Subsection (2)(a)(i) to reasonably mitigate anticipated detrimental effects of the proposed conditional use does not require elimination of the detrimental effects.
Section 10-20-506(2)(a)(ii)Verify source
§ 10-20-506(2)(b)Subsection 10-20-506(2)(b)Provision

Source excerpt

If a land use authority proposes reasonable conditions for a conditional use, it must state those conditions on the record and make them reasonably relate to mitigating anticipated detrimental effects.

If a land use authority proposes reasonable conditions on a proposed conditional use, the land use authority shall ensure that the conditions are stated on the record and reasonably relate to mitigating the anticipated detrimental effects of the proposed use.
Section 10-20-506(2)(b)Verify source
§ 10-20-506(2)(c)Subsection 10-20-506(2)(c)Provision

Source excerpt

A land use authority may deny a proposed conditional use if the harmful effects cannot be substantially mitigated.

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 land use authority may deny the conditional use.
Section 10-20-506(2)(c)Verify source
§ 10-20-506(3)Subsection 10-20-506(3)Provision

Source excerpt

A land use authority’s decision to approve or deny a conditional use is an administrative land use decision.

A land use authority's decision to approve or deny conditional use is an administrative land use decision.
Section 10-20-506(3)Verify source
§ 10-20-506(4)Subsection 10-20-506(4)Provision

Source excerpt

A legislative body must classify each use allowed by a land use regulation in a zoning district as either permitted or conditional.

A legislative body shall classify any use that a land use regulation allows in a zoning district as either a permitted or conditional use under this chapter.
Section 10-20-506(4)Verify source

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