1. 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 article, authorize for specific parcels of land the issuance of a specific use permit.
2. The uses listed in CCC 12-3D-3 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.
3. The designation of a specific use permit as possible in CCC 12-3D-3 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. No. 716, 4-4-2011)

1. Submission of plans, data and deposit. 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 will establish the requirements necessary for consideration of the application. The Commission shall also set a deposit amount from the applicant sufficient for payment of the application and permit expenses. The requirements and amount of deposit may be adjusted by the Planning Commission as necessary during the application process. 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. For uses in which the land use has possible environmental impact, the Commission may require those engineering and/or environmental impact studies necessary for evaluation of the proposed use.
2. Planning Commission requirements. The Planning Commission may recommend to the City Council that certain safeguards and conditions concerning bonding, insurance, 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 45 days from the date the application is accepted for processing, the City Council can take action on the application.
3. City Council requirements. The City Council may, in the interest of the public welfare and to ensure compliance with the intent of this title and the City comprehensive plan, 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, bonding, insurance, 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.
4. Site plan. 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.
5. Designation on zoning map. A specific use permit approved under the provisions of this title shall not be considered as an amendment to the zoning ordinance; however, the specific use permit shall be noted on the zoning map as follows: SUP (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.
6. Time limits for implementation. If for any reason the approved specific use ceases operation for a period of two 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 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 the specific use permit ordinance, including nonconforming uses and their incidental and accessory uses, must receive a specific use permit before any expansion of the use is permitted.

(Ord. No. 716, 4-4-2011)

The following uses may be allowed in the applicable zoning districts by specific use permit as granted by the City Council:

Adult detention center/correctional facility.

Adult entertainment establishments.

Adult novelty shop.

Airport/heliport.

Antenna and antenna supporting structure.

Auto pool.

Bar/tavern.

Bed and breakfast.

Billiard parlor/pool hall.

Casino.

Cement, Portland manufacture.

Cemetery.

Churches.

College or university hospital.

Commercial recreation, intensive.

Commercial resort facilities when located on a 40-acre or larger tract.

Commercial theme parks.

Convalescent homes.

Convict pre-release center.

Correctional community treatment center.

Crematory.

Detention center, juvenile/adult.

Electric generation plant and/or substation.

Electric regulating station, excluding storage or service yards or service garages and yards.

Emergency protective shelter.

Extraction operations, mining and mineral processing.

Garages and yards.

Garbage dump.

Garbage, offal, or dead animal reduction or dumping.

Golf course.

Golf driving range.

Gravel operations.

Gun club.

Halfway house.

Homeless center.

Industrial uses, when located on a 40-acre or larger tract.

Jail.

Junkyards or salvage yards.

Juvenile delinquency center.

Kennel.

Medical marijuana businesses.

Medical marijuana dispensary.

Mini-storage.

Mining and quarrying, mineral products processing, as described in this title.

Editor's note—See CCC 12-10C-5.

Mixed use.

Museum.

Nightclub.

Nursing homes.

Offices, when located on a 40-acre or larger tract.

Prisons.

Private club.

Public or private attractions.

Public or private schools with a compulsory education curriculum.

Recycling center.

Refuse dump.

Refuse transfer station.

Rehabilitation centers.

Residential treatment center.

Rifle and skeet range.

Sand operations.

Sanitary landfill.

Sewage disposal facility.

Sexually oriented business.

Single family.

Small brewer.

Tavern

Trade schools.

Transitional living center.

Transmitting tower (excluding amateur radio tower).

Trash or refuse transfer station, all processing and storage within building or containers.

Water storage facility.

Water treatment facility.

(Ord. No. 780, 2-6-2017; Ord. No. 807, 8-6-2018; Ord. No. 821, § I, 10-7-2019; Ord. No. 822, § I, 10-7-2019)

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, especially for parking and loading, as required per the related use unit in this title, except as may be modified by City Council as provided in CCC 12-12-7.

(Ord. No. 716, 4-4-2011)

1. Petition for specific use permit.
   1. Filing petition. A petition for a specific use permit may be filed with the Planning Commission by the owner 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 the City Planning Department. 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. Reasonable conditions may be required in conjunction with the approval of a specific use permit. Conditions imposed shall meet the following requirements:
      1. Be designed to take into consideration natural environment, the health, safety, and welfare of the residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole;
      2. Be related to the valid exercise of the police power, and to the proposed use or activity;
      3. Be necessary to meet the intent and purpose of the zoning requirements;
      4. Be related to the standards established in the ordinance for the land use or activity under consideration; and
      5. Be necessary to ensure compliance with those standards.
   2. Fee. A fee as established by the City Council shall be required with the specific use permit application, and such other fee as the City Council may from time to time specify by resolution.
2. Notice of hearing.
   1. Except as authorized in subsection A2 of this section, in addition to the notice requirements provided for in 11 O.S. § 43-104, notice of a public hearing on any proposed zoning change, except by a municipality acting pursuant to subsection A2 of this section, shall be given 20 days prior to the hearing by mailing written notice by the Secretary of the Planning Commission, or by the City Clerk if there is no Planning Commission, to all the owners of real property as provided for in 11 O.S. § 43-105. In addition to the notice required in this subsection, if the zoning change requested permits the use of treatment facilities, multiple-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 43A O.S. § 3-403, the entity proposing the zoning change shall mail a written notice within 30 days of the hearing to all real property owners within one-quarter of a mile where the area to be affected is located and shall be responsible for all costs incurred in mailing this notice. The notice shall contain the:
      1. Legal description of the property and the street address or approximate location in the municipality;
      2. Present zoning of the property and the zoning sought by the applicant; and
      3. Date, time, and place of the public hearing.
         1. In addition to written notice requirements, notice may also be given by posting notice of the hearing on the affected property at least 20 days before the date of the hearing.
         2. For purposes of this subsection, the term "entity" means any individual, corporation, company, firm, partnership, association, trust, state agency, government instrumentality or agency, institution, county, incorporated municipality or municipal authority or trust in which any governmental entity is a beneficiary, venture, or other legal entity however organized.
   2. If a municipality proposes zoning reclassifications in order to revise its comprehensive plan or official map or to identify areas which require specific land use development due to topography, geography, or other distinguishing features, including but not limited to floodplain, drainage, historic preservation, and blighted areas, the governing body may require, in addition to the notice requirements provided for in 11 O.S. § 43-104, a sign to be posted on designated properties within the area affected by the proposed zoning reclassification. The sign and the lettering thereon shall be of sufficient size so as to be clearly visible and legible from the public street or streets toward which it faces. The notice shall state:
      1. The date, time, and place of the public hearing;
      2. Who will conduct the public hearing;
      3. The desired zoning classification;
      4. The proposed use of the property; and
      5. Other information as may be necessary to provide adequate and timely public notice.
3. Appeals and confirmation by City Council.
   1. An applicant, or any adversely affected person, may appeal a recommendation of denial by the Planning Commission to the City Council within ten days of the Planning Commission decision by:
      1. Completing a notice of appeal form that shall be available from the City Planner; and
      2. Paying an appeal fee in the amount as set by City Council resolution.
   2. If an appeal is not timely filed, the recommendation of the Planning Commission shall be included on a City Council consent agenda for consideration, and may be removed from the consent agenda by the Council pursuant to Council rules, whereupon the Council may either accept the recommendation of the Planning Commission, reverse the recommendation of the Planning Commission, modify the decision of the Planning Commission, or remand the matter for further consideration by the Planning Commission.
   3. If an appeal is timely filed, the City Council shall establish a date specific for its decision and may affirm, reverse or remand the decision of the Planning Commission.
4. Reapplication or reconsideration of mining and quarrying and mineral products processing. The City is not required to reconsider requests denied by the municipality related to mining and quarrying or mineral products processing for the same site unless the municipality determines there has been a material change in the application. A mining application for any portion of a site previously denied by the City Council will be reviewed by the City Planner first to determine if there has been a material change in the application. A material change is a substantial change in the application as compared with prior applications such that it warrants consideration as a new application. The City Planner will establish the requirements necessary for consideration of the application. The City Planner shall also set a deposit amount from the applicant sufficient for payment of the application and permit expenses. The requirements and amount of deposit may be adjusted by the City Planner as necessary during the application process. The City Planner will notify the applicant of the decision. The determination of the City Planner may be appealed to the City Manager within 15 days of the rendering of the decision.

(Ord. No. 716, 4-4-2011; altered in 2023 recodification)