A special land use, sometimes called a conditional use, is a use the ordinance contemplates in a district but only where site-specific conditions are satisfied.
Not a variance. A variance excuses compliance with a standard; a special use is expressly permitted subject to review. The applicant is not required to show hardship, only that the standards are met.
Standards must be in the ordinance. Approval criteria expressed as compatibility with the neighbourhood, without more, invite challenge as an unlawful delegation. Ordinances should list specific criteria — traffic, noise, hours, buffering, lighting, access.
Findings. The decision must state findings on each criterion supported by evidence in the record. A denial resting on public opposition rather than on evidence is routinely reversed, and the minutes will show which it was.
Conditions must be reasonably related to the impacts identified and within the ordinance’s authority. Conditions requiring dedication of land or payment raise separate constitutional questions of nexus and rough proportionality.
Procedure. Notice to nearby owners, a public hearing, and a decision within any statutory period. Some statutes deem an application approved if the body fails to act.
Appeal. Usually to a circuit court on the record, reviewing whether the decision was supported by competent material and substantial evidence.