Burden of Proof

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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: 

Consistency. The conditional use is deemed consistent with good planning practice in that it:

  • Advances the goals, objectives, and policies of the Comprehensive Plan.
  • Advances the purpose and intent of the underlying zoning district.
  • Meets the requirements contained in the Zoning Code for the specific use.

Operational impacts. The conditional use can be operated in a manner that is not detrimental to the permitted developments and uses in the district. In determining the impacts of the proposed use on surrounding properties, the following factors shall be considered:

  • Noise;
  • Odor;
  • Traffic;
  • Operational schedule; and/or
  • Other similar factors related to the nature of the operation.

Visual impacts. The conditional use can be developed and operated in a manner that is both visually compatible with the permitted uses in the surrounding area and protects or enhances the public viewshed. In determining the visual impact of the proposed use on surrounding properties, the following factors shall be considered:

  • Density. Either the number of units and/or site coverage in respect to the immediate neighborhood;
  • Massing and scale. The location, floor area, and/or height of the structures associated with the proposed conditional use; and
  • Screening and buffers. The use of landscaping, fencing, setbacks or other design features to mitigate the visual impact of the proposed conditional use.

General welfare. The conditional use is deemed essential, convenient, or desirable to preserve and promote the public health, safety, and general welfare of the City of Maryland Heights.

Infrastructure. Adequate facilities either exist or will be provided, including but not limited to:

  • Access
  • Parking and loading
  • Emergency services
  • Utilities
  • Drainage