A. Purpose. The purpose of special use permits is to allow for uses that maybe appropriate in zoning district with additional considerations due to the nature, extent and effects of the use.
B. Application. Special use permits shall be submitted to the BOA by filing the application with the Planning and Development Department. The application shall be reviewed by the TRC. If the application submitted to the TRC does not conform to all applicable regulations, the applicant shall resubmit the plans to the TRC for redistribution and review.
C. Review Process.
1. The application shall be reviewed by the TRC for consistency with the regulations of this UDO and any other relevant City ordinances and adopted plans. A report shall be provided to the BOA to use in their review. The report shall state the special use permit’s compliance with the UDO, as well as any staff recommendations for additional requirements to be imposed by the BOA.
2. The BOA shall review the special use permit and hold an evidentiary hearing.
D. Board of Adjustment Evidentiary Hearing.
1. Burden of Presenting Evidence. The burden of presenting a complete application is upon the applicant and the hearing shall be quasi-judicial in nature.
2. The BOA will review the proposed special use permit under the following criteria:
a. The proposed use does not materially endanger the public health or safety;
b. The proposed use meets all required conditions and specifications of the UDO;
c. The proposed use will not substantially injure the value of adjoining property unless the proposed use is a public necessity; and
d. The propose use will be in harmony with the area in which it is located and otherwise be in general conformity with the City of Monroe’s adopted plans.
3. The BOA shall determine whether the criteria above has been met based upon the evidence submitted, and either approve the special use permit or deny the special use permit, through a simple majority vote.
E. Additional Requirements.
1. The BOA may impose reasonable and appropriate conditions and safeguards as a condition of approval but may not waive or reduce any applicable standards set forth in this UDO if the modification or adjustment meets the intent of the Forward Monroe Plan and provides a development of equal or great quality.
F. Effect. A special use permit is binding and runs with the property unless amended or modified. A special use permit shall expire if construction has not begun within two years from the date of the special use permit approval by the BOA.