(1)(a) A county 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.
(b) A county 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.
(2)(a)(i) 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.
(ii) 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.
(b) 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
(c) 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.
(3) A land use authority's decision to approve or deny a conditional use is an administrative
land use decision.
(4) 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.
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