A.

The city council may, after a public hearing and recommendation by the planning commission, authorize for specific parcels of land, the issuance of a specific use permit. The minimum application fee for a specific use permit shall be as set forth in Appendix "A"—Schedule of Fees and Charges, as may be amended from time to time.

B.

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.

C.

The designation of a specific use permit as possible on the specific use permit list contained in the ordinance from which this section is derived 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.

D.

Any business operating under a current use identified in section 90-23-03 shall be considered a legal nonconforming use, and in that regard, any expansion, rehabilitation, or renovation of said existing use shall be exempt from the provisions of this article provided that marijuana facilities must comply with Oklahoma State law, as may be amended, including, but not limited to, location and distance restrictions from public and private schools. In the event marijuana facilities which have been granted a specific use permit change ownership in any manner, the new owner is required to obtain a specific use permit.

(Ord. No. 4154-A, § 1, 2-7-2022; Ord. No. 4179-A, § 1, 2-27-2023)

A.

Plans and Data to be Submitted. Prior to submission of a request for a specific use permit, the city planner or marijuana compliance officer shall have one or more pre-application conferences with the potential applicant. The city planner or marijuana compliance officer will direct the applicant in the proper method of completing the written application for a specific use permit, including the requirements for public notice as outlined in section 90-23-05, and any other impact studies the city planner deems necessary. The applicant shall further deposit the costs of the specific use permit application as well as actual costs for public notice as required below. Upon successful completion of the application process, the city planner or marijuana compliance officer shall present the application and all supporting documentation and studies to the planning commission with his or her recommendation to approve or deny said application.

The planning commission shall set a deposit amount from the applicant sufficient for payment of the application, notice, publication and permit expenses, but the requirements and amount of deposit may be adjusted by the planning commission as necessary during the application process.

The planning commission, in considering and determining its recommendation to the city council relative to any application for specific use permit will review the application and all supporting documentation and studies, as well as the recommendations of the city planner. The planning commission may require that the applicant furnish preliminary site plans and additional data concerning the operation, location, function and characteristics of any use of land or building proposed prior to approving the application for specific use permit. For uses in which the land use has possible environmental impact, the commission may require those engineering, odor, traffic and/or environmental impact studies necessary for evaluation of the proposed use. Further, the commission may require such other information as necessary to evaluate the proposed specific use and require additional hearings be held with the planning commission prior to accepting or denying the applicant's application for a specific use permit.

B.

Planning Commission Requirements. The planning commission may, in the interest of the public welfare and to assure compliance with the intent of this article and the City of Muskogee comprehensive plan and zoning ordinances, 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 commission may impose conditions including, but not limited to, bonding, insurance, permitted use, lot size, setbacks, height limits, required facilities, buffers, open space areas, lighting, noise levels, signage, landscaping, parking and loading, compatibility, odor control and land use intensity/density as may be indicated depending upon the proposed use and its potential effect on adjacent areas or the community.

The planning commission may recommend to the city council that certain safeguards and conditions concerning bonding, insurance, setbacks, ingress and egress, off-street parking, buffers, odor control, land use intensity/density 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 90 days from the date the application is accepted for processing, the city council can take action on the application. After public hearing and review by the planning commission, the planning commission shall issue a written resolution whether it approves or denies the application for a specific use permit, the reasons for the approval or denial, along with any recommended safeguards, restrictions and conditions, within ten days of the public hearing.

C.

City Council Requirements. The city council shall have the same authority as the planning commission under subsection B, and in addition may make additional requirements for review and conditions that in its discretion are in the interest of the public welfare and to assure compliance with the intent of this article and the City of Muskogee comprehensive plan and zoning ordinances.

D.

Detail plans. A detail 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 zoning code 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 city license and building permit for the specific use provided for. If the application for a specific use permit is granted by city council, then city council will direct the planning department to issue such a permit with the name and address of the applicant, the purpose of the business, and SUP—(the number of the request for a specific use permit). The applicant may then file an application, with the specific use permit attached, for any required city license, building or fire inspection, or certificate of occupancy as required by the city, along with the required fees. The specific use permit shall be displayed in a public place in the applicant's business, along with any required city licenses or other permits.

F.

Time Limits for Implementation. If for any reason the approved specific use does not begin operation or ceases operation for a period of six months, then the approval of said specific use shall be considered void and will require another application for specific use permit and public hearing review by the planning commission and city council. Uses existing before the adoption of the specific use permit ordinance, including nonconforming uses and their incidental and accessory uses, must timely apply for and receive a specific use permit before any expansion of the use is permitted or if there is a change in ownership.

(Ord. No. 4154-A, § 1, 2-7-2022; Ord. No. 4179-A, § 1, 2-27-2023)

Prisons/jails

Mining

Adult entertainment

Landfills

Public facilities

Windmills

Halfway house

Marijuana business and commercial uses

Crematory

Kennel

Gun club

Day center/shelter facilities

(Ord. No. 4154-A, § 1, 2-7-2022; Ord. No. 4172-A, § 1, 9-26-2022)

A.

Compliance with district and use unit requirements. Specific uses permitted shall comply with the most restrictive yard and heights requirements of the district in which located and in addition shall comply with the requirements, especially for parking and loading, as required per the City of Muskogee Zoning Code, except as may be modified by City Council.

(Ord. No. 4154-A, § 1, 2-7-2022)

A.

Fee for Petition. A fee as set forth in Appendix "A"—Schedule of Fees and Charges shall be required with the specific use permit application, or such other fee as the city council may from time to time specify by resolution.

B.

Notice of Hearing.

1.

Notice of public hearing to consider a specific use permit shall be mailed at least 20 days before the public hearing held by the planning commission by mailing written notice by the secretary of the planning commission to all owners of property within a 300-foot radius of the exterior boundary of the subject property or such other notice deemed appropriate by the planning commission or the city council.

2.

The notice shall contain:

a.

The date, time and place of the public hearing.

b.

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

c.

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

C.

Appeals and Confirmation by City Council. An applicant, or any adversely affected person, may appeal a recommendation of approval or denial by the planning commission upon receipt of the signed resolution or no later than 15 days of the denial at public hearing by the planning commission, by:

1.

Completing a notice of appeal form that shall be available from the city planner; and

2.

Paying an appeal fee in an amount as set forth in Appendix "A"—Schedule of Fees and Charges, or such fee as set by council resolution.

If an appeal is not timely filed, the recommendation of the planning commission shall be included on a council consent agenda for consideration, and may be removed from the consent agenda by council pursuant to council rules, whereupon the council may either accept the findings of fact and conclusions of law 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.

If an appeal is timely filed, the city council shall establish a date specific for its decision and may affirm, reverse or remand the findings of fact and conclusions of law of the planning commission.

(Ord. No. 4154-A, § 1, 2-7-2022; Ord. No. 4179-A, § 1, 2-27-2023)