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Council replaces conditional-use rules in Title 19.84 to clarify standards
Summary
The council approved ordinance 2026-008 to repeal and replace Title 19.84 (conditional-use code), aiming to simplify legally problematic language and provide clearer guidance for applicants and the planning commission.
Emigration Canyon's council voted to repeal and replace the city's conditional-use code (Title 19.84) after a staff and planning-commission presentation explaining the rewrite.
Claire Gilmore, the city's land use attorney, told the council that conditional uses are governed by concise state standards and that the proposed ordinance removes outdated or legally problematic language while adding clearer procedural steps and criteria for applicants and staff. "A conditional use is a permitted use," Gilmore said, emphasizing that conditions may be imposed only to reasonably mitigate anticipated detrimental effects.
Council members asked how the change affects notice, engineering standards referenced in the code, and whether residents will continue to be notified of conditional-use applications; Gilmore said state law prescribes notice where required and staff will provide clearer staff reports and training for council members. The council moved, seconded and approved ordinance 2026-008 to replace the existing conditional-use chapter; staff will publish the updated code language and circulate redline or explanatory materials where possible.
What happens next: conditional-use applicants will continue to interact with planning staff and the planning commission under clarified standards; staff offered land-use training for council members before future decisions.
