1. Tendency to generate excessive traffic.
2. Detrimental effect upon the value or potential development of other properties in the neighborhood resulting from noise, odors, lighting, or other environmental conditions.
3. Extraordinary potential for accidents or danger to public health or safety.
4. Require a case-specific review to determine the compatibility in a specific context and location within a particular district.

1. Application. Application for a conditional use permit for a specific tract of land shall be addressed to the Planning Commission and shall be filed with the Director of Public Services. The application shall be filed on forms prescribed for that purpose and be accompanied by the following:

a. Filing fee in an amount established by the Board of Aldermen.
b. Legal description of the property.
c. A written description of the proposed use
d. Additional items may be required, such as:

(1) Outboundary plat of the property.
(2) A site plan in conformance with the requirements of Article III, § 26-12 (Major site plan and design review) and/or § 26-13 (Minor site plan), or where in conjunction with a proposed planned development as provided for in Article III, § 26-10 (Planned development), a development plan complying with the requirements of that section;
(3) Floor plan.

2. Burden of proof. In presenting any application for a conditional use permit, the burden of proof shall rest with the applicant to clearly establish that the proposed conditional use shall meet the following criteria:

a. The proposed conditional use complies with all applicable provisions of these applicable district regulations.
b. The proposed conditional use at the specified location will contribute to and promote the welfare or convenience of the public.
c. The proposed conditional use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located.
d. The location and size of the conditional use, the nature and intensity of the operation involved in, or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the conditional use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. In determining whether the conditional use will so dominate the immediate neighborhood, consideration shall be given to:

(1) The location, nature and height of buildings, structures, walls, and fences on the site; and
(2) The nature and extent of proposed landscaping and screening on the site.

e. Off-street parking and loading areas will be provided in accordance with the standards set forth in these regulations.
f. Adequate utility, drainage, and other such necessary facilities have been or will be provided.
g. The proposed uses are deemed consistent with good planning practice and are not inconsistent with the goals, objectives, and policies of the Comprehensive Plan; can be operated in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; and are deemed essential or desirable to preserve and promote the public health, safety, and general welfare of the City.

1. Staff review. Upon receipt of a completed application, either for a site-specific conditional use request, or one submitted in conjunction with a proposed planned development submitted in conjunction with the provisions of Article III, § 26-10 (Planned development), or a change of zoning request in conjunction with the provisions of Article III, § 26-9 (Zoning Map and text amendments), the Director of Public Services shall institute an administrative review of the application supporting documents by all affected City departments in compliance with § 26-8D. The results of this review shall be reported to the Planning Commission for its consideration.
2. Planning Commission review. The Commission shall consider an application at a public hearing, subject to the requirements in § 26-8F, not later than the second regular monthly meeting of the Commission after all required documents are filed. Notice of the public hearing shall be in compliance with § 26-8E. The Commission shall recommend approval with specified conditions or denial of the application and shall file its report and recommendation with the Board of Aldermen.

1. A hearing on an application for a conditional use permit shall be commenced by the City Administrator, or his/her designee, filing a writing describing the application, the relief sought, and the reasons for granting such relief. The applicant, or any intervening party, may file responsive writings or motions.
2. The City Clerk shall mail notice of the hearing to the applicant, to all property owners within the City limits whose property lies within 300 feet of that which has been requested for a conditional use permit, and additional necessary parties, if any as determined by the City Clerk, and shall keep a record of all parties receiving notice. The notice shall consist of the caption and number of the case, shall state that an application for a conditional use permit has been filed, the date of filing, a brief statement of the matter, and the date of the hearing on such application.
3. Discovery shall be permitted to the extent provided by Section 536.063, RSMo., et seq., and reasonable time shall be provided for the parties to conduct discovery. Subpoenas may be issued in the manner provided by Section 536.077, RSMo.
4. At the hearing, the rules of evidence described in Section 536.070, RSMo., shall apply. Evidence shall be taken only on oath or affirmation, and all proceedings shall be recorded electronically or transcribed. A copy of the transcript of such a proceeding shall be made available to any interested person upon the payment of a fee which shall in no case exceed the reasonable cost of preparation and supply.
5. The City Administrator, or his/her designee, shall present evidence to the Board of Aldermen on behalf of the City regarding the application. The applicant and any intervening party may be represented by counsel, if desired. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not the subject of the direct examination, to impeach any witness regardless of which party first called him or her to testify, and to rebut the evidence against him or her. Affidavits may be submitted in the manner provided by Section 536.070, RSMo. The Mayor shall serve as presiding officer at all hearings and shall make any ruling required during the course of such hearing, but shall not vote except in case of a tie.
6. After the hearing, the Board of Aldermen shall render a decision and direct the City Attorney to prepare a written order which shall be accompanied by findings of fact and conclusions of law. The findings of fact shall be stated separately from the conclusions of law and shall include a concise statement of the findings on which the Board of Aldermen bases its order. Immediately upon deciding upon an application, the City Clerk shall give written notice of the decision of the Board of Aldermen by delivering or mailing such notice to each party, or his attorney of record, and shall, upon request, furnish him with a copy of the decision, order, and findings of fact and conclusions of law.
7. With the exception of the requirements that the hearing be recorded or transcribed, and for the issuance of findings of fact and conclusions of law, the City, the applicant, and intervening parties, if any, may waive any or all procedural formalities set forth above in this subsection by mutual consent.
8. Any person who is aggrieved by a final decision regarding an application for a conditional use permit shall be entitled to judicial review thereof, as provided in Sections 536.100 to 536.140, RSMo.

1. Substantially increase traffic hazards or congestion.
2. Adversely affect the visual coherence, predominant usage, or development character of surrounding or adjacent neighborhoods.
3. Substantially increase fire, health, or any other public safety hazards, or make difficult access by fire and emergency vehicles.
4. Adversely affect the general welfare of the community.
5. Overtax public utilities, services, or other municipal facilities.
6. Be developed and operated in a manner that is physically and/or visually incompatible with the permitted uses in the surrounding areas.
7. Substantially increase stormwater drainage onto other lots.
8. Create a nuisance.

1. When effective. The permit shall become effective upon approval by the Board of Aldermen. In the event that a conditional use permit is filed in conjunction with a change of zoning, the permit shall not become effective until the date of enactment of the ordinance authorizing the zoning change. In the event that some additional approval is required by some other governmental authority or agency, the permit shall not become effective until that approval is received.
2. Time limit of conditional use permits. Conditional use permits shall be valid for an unlimited period, unless a lesser period shall be provided in a particular permit. Prior to the expiration of the time limit specified in a particular permit, the property owner may request that the conditional use permit be reviewed by the Board of Aldermen, which may extend it for an unlimited period or for a specified additional period of years. If a use permitted by a conditional use permit ceases for a period of six months, such conditional use permit shall expire, unless a different period is specified in a particular permit.
3. Failure to commence construction or operation. Unless otherwise stated in the conditions of a particular conditional use permit, substantial work, construction, or, where construction is not required, operation of the conditional use shall commence within six months of the approval of the conditional use permit by the Board of Aldermen, unless an extension is granted as provided herein. Prior to the expiration of six months, the applicant may request, in writing, an extension from the City Planner for up to six additional months. The City Planner may grant such request for good cause shown by the applicant. The City Planner shall issue a decision within ten days of receipt of such request, or the request for an extension shall be deemed approved. If the City Planner denies the request for an extension, the applicant may, within ten days of the City Planner's decision, appeal the denial to the Planning Commission, which shall consider such appeal at its next regular meeting. The Commission may approve a request for an extension by a majority of the members of the Commission present, excluding the nonvoting aldermanic representative. The Commission may place reasonable conditions on approval of a request for an extension. If the Commission denies the request for an extension, the applicant may, within ten days of the Commission's decision, appeal the denial to the Board of Aldermen, which shall consider such appeal at its next regular meeting. The Board of Aldermen may approve a request for an extension by a majority of the members present. The Board of Aldermen may place reasonable conditions on approval of a request for an extension. The filing of a request for an extension, and the consideration of any appeals shall stay the termination or expiration of a conditional use permit issued under this Section. More than one extension may be granted under this Section. If no appeal is made, or no extension of time is received or granted, the permit shall immediately terminate upon expiration of the six-month period.
4. Revocation of conditional use permit. Upon a finding that an approved conditional use permit will or has become unsuitable and/or incompatible in its location as a result of any nuisance or activity generated by the use, the Board of Aldermen shall have the authority to revoke the permit after affording the holder of the permit the right to be heard.
5. Transferability. All conditional use permits shall be approved for the originating applicant for a specific location, and may not be transferred to any other location by that applicant, or be transferred to any other person, unless an amendment to such conditional use permit is approved of the Board of Aldermen as set forth in § 26-11H6, below. Notwithstanding the foregoing, in instances in which the originating applicant has made substantial investments in reliance upon the conditional use permit, the City Planner may approve transfer of a permit if the transferee agrees in writing on a form to be provided to the City to be bound by all terms of the original permit.
6. Procedure to amend approved conditional use permit. In order to amend an existing conditional use permit, the application procedures, required materials, and approval process shall be the same as for a new permit.
7. Reapplication. In the event that a conditional use permit is denied by the Board of Aldermen, a reapplication for the purpose of review of the same request on the same property, or part thereof, shall not be accepted by the City until six months following the date of final action on the original application, unless it can be shown to the satisfaction of the Planning Commission that substantial new evidence, not available during review of the original application, will be presented.