A.

General: The city council may, after a public hearing and recommendation by the planning commission and after conducting a public hearing as is required in accordance with the provisions of this chapter, authorize for specific parcels of land, the issuance of a specific use permit.

The uses listed in the specific use list are so clarified because of the size of the land they require or the specialized nature of the use, or they may more intensely dominate the area in which they are located or their effects on the general public are broader in scope than other types of uses permitted in the district.

The designation of a specific use permit as possible on the specific use list does not constitute an authorization or an assurance that such use will be permitted. Rather, each specific use permit application shall be valued as to its probable effect on the adjacent property and community welfare and may be approved or denied as the findings indicate appropriate.

(Ord. 2265, 11-13-2018)

A.

Application: Prior to submission of a request for a specific use permit, the city planner may require one or more pre-application conferences with the potential applicant. In considering and determining its recommendation to the city council relative to any application for a specific use permit, the planning commission may require that the applicant furnish preliminary site plans and data concerning the operation, location, function and characteristics of any use of land or building proposed.

B.

Planning Commission Requirements: The planning commission may recommend to the city council that certain safeguards and conditions concerning setbacks, ingress and egress, off-street parking and loading arrangements and location or construction of buildings and uses and operation be required. If the planning commission fails to review and make a recommendation within forty-five (45) days from the date the application is accepted for processing, the applicant can request that city council take action, or the city council can take action on the application.

C.

City Council Requirements: The city council may, in the interest of the public welfare and to assure compliance with the intent of this chapter and the Bixby Comprehensive Plan, may deny a specific request or require such development standards and operational conditions and safeguards as are indicated to be important to the welfare and protection of adjacent property and the community as a whole and be compatible with the natural environment and the planned capacities of public services and facilities affected by the land use. This may include the requirement of having the property platted and/or the requirement of the dedication of sufficient right-of-way or easement as necessary to further the public good. The city council may impose conditions including, but not limited to, permitted uses, lot sizes, setbacks, height limits, required facilities, buffers, open space areas, lighting, noise levels, signage, landscaping, parking and loading, compatibility, and land use density as may be indicated depending upon the proposed use and its potential effect on adjacent areas or the community.

D.

Site Plans: A site plan (plot plan) setting forth the conditions specified may be required of the applicant and such plan when accepted shall be made a part of the permit issued for the specific use.

E.

Designation of Zoning Map: A specific use permit approved under the provisions of this chapter shall not be considered as an amendment to this title; however, the specific use permit shall be noted on the zoning map as follows: BXSUP - (the number of the request for a specific use permit). Any of the conditions contained in a specific use permit approval shall be considered as conditions precedent to the granting of a building permit for the specific use provided for.

F.

Time Limits for Implementation: If for any reason the approved specific use ceases operation for a period of two (2) years, then the approval of said specific use shall be considered void and will require another public hearing review by the planning commission and city council. This shall also apply to any approved specific use that does not begin operation within two (2) years of approval. This voiding of approval shall not apply if orderly progress toward completion of construction is taking place. Uses existing before the adoption of this chapter including non-conforming uses and their incidental and accessory uses must receive a specific use permit before any expansion of the use is permitted.

(Ord. 2265, 11-13-2018)

A.

Specific Uses:

1.

The following uses are allowed to be considered, in designated zoning districts as identified in section 11-13-6 of this chapter, through the specific use permit process for approval by city council.

Adult detention center.

Airport, heliport.

Apartment.

Aquarium.

Arboretum (in residential districts).

Art gallery, not operated for profit.

Bus station.

Cemetery.

Children's nursery.

Church.

College.

Community center.

Community group home.

Convent, monastery, novitiate.

Convict prerelease center.

Correctional community treatment center.

Crematory.

Cultural facility, NEC.

Day camp.

Elderly/retirement housing.

Emergency and protective shelter.

Fraternity or sorority house.

Golf course.

Governmental service, NEC.

Hospital.

Hydroelectric generation plant.

Jail.

Juvenile delinquency center.

Kennel.

Library.

Life care retirement center.

Manufactured home dwelling.

Marina.

Mausoleum.

Multi-family dwelling.

Museum.

Nursing home.

Planetarium.

Post Office.

Prison.

Private club or lodge, the chief activity of which is a service not carried on as a business.

Public park.

Public tennis court.

Residential treatment center.

Rifle and skeet range, gun club.

Rooming/boarding house.

Sanitary landfill.

Schools, offering a compulsory curriculum.

Sewage disposal facility.

Storage, NEC.

Transitional living center.

Truck rentals.

Trucking establishments.

University.

Water treatment plant.

2.

The following uses require a specific use permit in designated zoning districts:

11-9-4: Use Unit 4 Public Protection and Utility Facilities (SUP in Residential and Office Districts)

Ambulance service

Antennas and antenna supporting structures

Electrical regulating station, excluding storage or service garages and yards

Fire protection facility

Pressure control station, gas or liquid, excluding storage or service garages and yards

Shelter, civil defense or storm

Water storage facility

11-9-5: Use Unit 5 Community Services and Similar Uses (SUP in Residential, Office Light and All Industrial Districts)

11-9-8: Use Unit 8 Multi-Family Dwelling and Similar Uses (SUP in AG, RE, RS, RD, OL, OM and All Commercial Districts)

Community group home

Convent, monastery, novitiate

Elderly/retirement housing

Fraternity or sorority house

Life care retirement center

Nursing home

11-9-9: Use Unit 9 Manufactured Home Dwelling (SUP in Agriculture Districts)

Manufactured home dwelling

11-9-15: Use Unit 15 Other Trades and Services

Kennel

11-9-17: Use Unit 17 Automotive and Allied Activities (SUP in Commercial Shopping District)

Agricultural implement sales

Aircraft sales

Auto wash

Automobile rental

Automobile sales, new and used

Boat sales

Camper sales

Manufactured home sales

Motorcycle sales

Oil and lubrication service

Overnight campgrounds for recreational vehicles

Truck sales

Tune up service

Vehicle repair and service (except painting)

11-9-19: Use Unit 19 Hotel, Motel and Recreation Facilities (SUP in CG and CH Districts)

Drinking establishment

11-9-20: Use Unit 20 Commercial Recreation; Intensive (SUP in AG, CS, CG, CH, IL Districts)

Amusement activities

Arena

Drag strip

Drive-in theater

Fairground

Frisbee golf course

Go-cart track

Golf course

Golf driving range

Miniature auto track

Outdoor recreation

Race tracks: auto, dog, horse

Rodeo grounds

Skateboard track

Stadiums, NEC

Tennis courts

Water slide

11-9-22: Use Unit 22 Research and Development (SUP in Agriculture and General Commercial District)

Enclosed scientific research, testing and development

11-9-23: Use Unit 23 Warehousing and Wholesaling (SUP in General Commercial, Science-Technology, Industrial Research District)

Storage

Truck rentals

Trucking establishments

11-9-24: Use Unit 24 Oil and Gas Drilling and Mining and Mineral Processing (SUP in AG, IM, and IH)

Mining and quarrying: mining, quarrying or extraction of coal, ore, stone, sand or gravel. Processing of mineral products as follows: crushing, washing and grading of coal, ore, stone, sand or gravel; manufacture of Portland cement, concrete or asphaltic concrete, at the source of supply of crushed rock, sand or gravel, for utilization off the premises.

(Ord. 2265, 11-13-2018; amd. Ord. 2274, 4-22-2019; Ord. 2313, 6-27-2020)

A.

Compliance With District and Use Unit Conditions: Specific uses permitted shall comply with the most restrictive yard and height requirements of the district in which located and in addition shall comply with the requirements identified for use unit for a particular use of this title, except as may be modified by city council as provided in subsection 11-13-2C of this chapter.

B.

No Oil or Gas Related Wells Drilled After Granting of Specific Use Permit:

1.

No permit for the drilling of any oil or gas related well shall be allowed in an AG, or IM zoned area if a specific use permit affecting the area has been previously approved by the Bixby City Council unless the previous specific use permit was oil or gas well related.

2.

Drilling operations for oil and gas require additional permits as specified under title 3, chapter 8 of this Code. Conditions established under the required city Code application shall be in addition to the land use requirements established through the specific use permit process.

(Ord. 2265, 11-13-2018)

A.

Filing of a Petition for Specific Use Permit: A petition for a specific use permit may be filed with the planning commission by the owner(s) of the property concerned, by the duly authorized representative thereof; by the holder of an option to purchase the affected real estate or by the purchaser in a contract to purchase realty. Such petition shall be on a standard form furnished by city staff. All petitions for a specific use permit shall be accompanied by a site plan of the proposed area showing the location of buildings, parking, and other pertinent data concerning the operation of the proposed use.

B.

Fee for Petition: A three hundred dollar ($300.00) application fee and processing fee shall be required with the specific use permit application. All costs associated with required postings in newspaper having general circulation within the community will be billed to the applicant. Other fees may apply.

C.

Notice of Hearing: Notice of the public hearing to consider a specific use permit shall be mailed at least twenty (20) days before the public hearing held by the planning commission by mailing written notice to all owners of property within a three hundred foot (300') radius of the exterior boundary of the subject property.

Notice of public hearing to consider a specific use permit for treatment facilities, multi-family facilities, transitional living facilities, halfway houses and any housing or facility that may be used for medical or nonmedical detoxification as these terms are defined pursuant to section 3-403 of title 43A of the Oklahoma Statutes, shall be mailed within thirty (30) days of the hearing to all real property owners within one-quarter (¼) of a mile where the area to be affected is located.

The notice shall contain:

1.

The date, time and place of the public hearing.

2.

The present zoning classification of the property and the nature of the specific use permit.

3.

The legal description of the property and street address or approximate location in the municipality.

D.

Appeals: An applicant may appeal a recommendation of denial by the planning commission to the city council by providing written notice of its intent to appeal with the city clerk within fifteen (15) days of the date of recommended denial by the planning commission. The city council may reverse the recommendation of the planning commission by a two-thirds (⅔) vote of the members of city council.

(Ord. 2265, 11-13-2018)

Notes:

¹ Only permitted in RS-3 or RS-4.

² Similar uses only.

³ Drive-in bank facilities require specific use permit.

⁴ See subsection 11-9-19.B. of this title for brewpub and drinking establishment uses.

(Ord. 2265, 11-13-2018; amd. Ord. 2274, 4-22-2019; Ord. 2313, 6-27-2020)