The City Council may, after a public hearing and recommendation by the Sapulpa Metropolitan Area Planning Commission and after conducting a public hearing as is required in accordance with the provisions of this section, authorize for specific parcels of land, the issuance of a specific use permit.

The use 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 not be approved or denied as the findings indicate appropriate.

A.

Application. Prior to submission of a request for a specific use permit, the Urban Development Director may require one (1) 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 the requirement of 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. 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 City Council can take action on the application.

C.

City Council requirements. The City Council, in the interest of the public welfare and to assure compliance with the intent of this Code and the Sapulpa 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 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.

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 one (1) year 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 non-conforming uses and their incidental and accessory uses must receive a specific use permit before any expansion of the use is permitted.

A.

Specific uses. Unless otherwise approved as part of an approved planned unit development, the following uses are only allowed in a zoning district by and through a specific use permit approved by the City Council approved by the City Council.

Accessory dwelling units—ADU (guest cottages, in-law quarters);

Airport;

Automobile sales—New or used;

Automobile salvage yard;

Bars, taverns, night clubs;

Bed and breakfast inn—Including Air BNB (short term rental)*;

Bus station;

Cemetery;

Churches;

College or university;

Commercial theme parks;

Convalescent homes;

Convict pre-release center;

Commercial resort facilities (minimum requirement of forty (40) acres);

Crematory;

Cultural or heritage centers, public or private attractions;

Day care center;

Detention center juvenile—Adult;

Electric generation plant and/or substation;

Fire protection facility;

Fire station;

Flea market (indoor or outdoor);

Golf course;

Golf driving range;

Governmental services, other than office use Unit 11;

Gun club;

Halfway house;

Heliport;

Hospital and medical clinics over ten thousand (10,000) square feet;

Industrial uses: Use Units 24, 25, 26 (minimum requirement of forty (40) acres);

Juvenile delinquency center;

Kennel;

Library;

Mausoleum;

Marijuana commercial growth facility**;

Marijuana processor/packager/storage facility**;

Marijuana retail dispensary/establishment**;

Mini-storage;

Museum;

Nursing homes;

Offices: Use Unit 11 when located on a forty-acre or greater tract;

Other residential uses:

Tiny home (structure less than nine hundred (900) square feet);

Transitional living center;

Homeless shelter;

Multi-family in multi-story structure;

Post office;

Private schools and charter schools, with comprehensive education curriculum;

Public schools;

Recreational vehicle park;

Recycling center;

Refuse transfer station;

Retail nursery;

Rifle and skeet range;

Sanitary landfill or landfill of any type;

Sewer disposal facility;

Sexually oriented businesses;

Sober living facility;

Trade schools;

Transmitting tower (excluding amateur radio tower);

Water treatment facility and/or water storage facility;

Use Unit 20 (outdoor recreational facilities);

Use Unit 23 all uses;

* Short term rental (STR) uses:

1.

Two types of short-term rentals.

Type 1: Owner occupied (single family residence or duplex).

Type 2: Not owner occupied (single family residence or duplex).

2.

STR can only be rented for a period of less than thirty (30) consecutive days.

3.

Only one (1) rental contract at a time is allowed. Maximum of two (2) guests per bedroom; no more than eight (8) guests at one time. Hosts required to leave a welcome packet for guests that includes appropriate contact information and instructions on City services.

4.

STR locations cannot be used for special events, parties, or receptions.

5.

Property owner must obtain a city business license in addition to obtaining an STR License.

6.

An application fee will be assessed annually in accordance with the Master Fee Schedule and shall expire on April 30 of each year. Renewals shall be reviewed every year.

7.

STR licensees will be required to pay a fee of five and one-half (5.5) percent of the listing price, including any fees for reservations, and any other applicable fees associated with their STR.

8.

There is not a requirement of an in-person inspection, but the licensee must certify that under penalty of perjury that their STR has a fire extinguisher, CO detector, smoke alarm, and liability insurance to cover bodily and property damage.

9.

License number is required to be placed in advertisements.

10.

STR must have public access to the location, adequate off-street parking, and be in compliance with all City Codes.

11.

An accessory dwelling unit may be used for STR by a property owner who is living in the primary structure on the property. Only one (1) STR license will be allowed per property.

** Marijuana facilities:

1.

Each commercial medical marijuana facility shall be operated from the permitted premises on the permitted property. No commercial medical marijuana facility shall be permitted to operate from a moveable, mobile, or transitory location, except for a permitted and licensed secure transporter when engaged in the lawful transport of marijuana.

2.

Commercial operators will need to submit their security plan with their application for a specific use permit, and shall include the following:

a.

Security surveillance cameras installed to monitor all entrances, along with the interior and exterior of the permitted premises;

b.

Alarm systems which are professionally monitored and operated twenty-four (24) hours a day, seven (7) days a week;

c.

A locking safe permanently affixed to the permitted premises that shall store all marijuana and cash remaining in the facility overnight;

d.

All marijuana in whatever form stored at the permitted premises shall be kept in a secure manner and shall not be visible from outside the permitted premises, nor shall it be grown, processed, exchanged, displayed, or dispensed outside of the permitted premises; and

e.

All the security recordings shall be preserved for at least seven (7) days by the permit holder and made available to any law enforcement upon request for inspection.

3.

No commercial medical marijuana dispensary shall be located within three hundred (300) feet of another medical marijuana dispensary.

4.

Sign restrictions. No pictures, photographs, drawings, or other depictions of marijuana or marijuana paraphernalia shall appear on the outside of any permitted premises nor be visible outside of the permitted premises on the permitted property. The words "marijuana", "cannabis", and any other words used or intended to convey the presence or availability of marijuana shall not appear on the outside of the permitted premises nor be visible outside of the permitted premises on the permitted property. Signs must be approved as part of the SUP packet.

5.

All activities of commercial medical marijuana facilities, including without limitation, distribution, growth, cultivation, or the sale of marijuana, and all other related activity under the permit holder's license or permit must occur indoors. The facility's operation and design shall minimize any impact to adjacent uses, including the control of any odor by maintaining and operating an air filtration system so that no odor is detectable outside the permitted premises.

6.

A patient may not grow his or her own marijuana at a commercial medical marijuana facility.

7.

All necessary building, electrical, plumbing, and mechanical permits must be obtained for any part of the permitted premises.

8.

The permit holder, owner and operator of the facility shall use lawful methods in controlling waste or by-products from any activities allowed under the license or permit.

9.

The City Council may impose such reasonable terms and conditions on a commercial medical marijuana facility specific use permit as may be necessary to protect the public health, safety, and welfare, and to obtain compliance with the requirements of applicable law.

(Ord. No. 2842, § 1, 7-20-2020; Ord. No. 2845, § 1, 1-4-2021; Ord. No. 2846, § 1, 1-19-2021; Ord. No. 2934, § 1, 3-4-2024)

A.

Compliance with district and use unit requirement. 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 as specified in Use Unit 2 or identified use unit for a particular use of the City of Sapulpa Zoning Code, except as may be modified by City Council as provided in Section 1801.C.

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 Sapulpa 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 Sections 5-1101 through 5-1102 of the Sapulpa City 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.

A.

Filing of a petition for specific use permit. An application for a specific use permit shall 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 the Commission. 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.

Fees for permit. An application fee and a processing fee shall be required with the specific use permit application in accordance with the Master Fee Schedule. All costs associated with required postings in newspaper having general circulation within the community will be billed to the applicant.

C.

Notice of hearing (ref: 11 O.S. § 43-104(A) and (B).

1.

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 by staff to the Planning Commission to all owners of property within a three hundred (300) foot radius of the exterior boundary of the subject property. 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 the street address or approximate location in the municipality.

2.

In addition to the notice required in subsection 1 of this section, if the specific use permit requests 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 Section 3-403 of Title 43A of the Oklahoma Statutes, the entity proposing the change in district regulation, restriction or boundary shall mail a written notice 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 and shall be responsible for all costs incurred in mailing this notice.

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.