Section 6.13 Conditional Uses

• Library: Local Government Deskbook (2017 Ed.)

C. (§6.13) Conditional Uses

A “conditional use” (sometimes called a “special use” or “special exception”) is one permitted in a zoning district only after specific administrative approval. Typically, these uses would include:

· gasoline service stations;

· medical offices;

· fast-food restaurants; and

· other similar uses that may create traffic congestion or pose other problems.

To obtain approval, the applicant for a conditional use must satisfy the standards set forth in the ordinance itself. These standards may include, inter alia, that the use will not:

· adversely affect property values;

· substantially increase traffic or other safety hazards;

· overtax public utilities and services; or

· otherwise be detrimental to the public health, safety, and welfare.

In passing on an application for a conditional use permit, the governing body acts strictly in an administrative capacity. State ex rel. Crouse v. City of Savannah, 696 S.W.2d 346 (Mo. App. W.D. 1985). The decision to grant or deny the application must be based on facts made part of the record at the public hearing, and formal findings of fact and conclusions of law must be entered. State ex rel. Steak n Shake, Inc. v. City of Richmond Heights, 560 S.W.2d 373 (Mo. App. E.D. 1977). Likewise, the standards under which the board or commission operates must be sufficiently definite and clear that the discretion to grant or deny the permit is limited. Erigan Co. v. Town of Grantwood Vill., 632 S.W.2d 495 (Mo. App. E.D. 1982). As implied in the name, the governing body has...