The purpose of the special review procedure is to analyze those uses which, because of the size of land they require or the specialized nature of the improvements or land use, might have an impact on surrounding properties. Therefore, they may or may not be compatible with surrounding land uses depending upon the particular details of the development. The uses subject to review in this chapter are also unusual in that there may be only one or two (2) in a community, and therefore it is difficult to place them in a particular zoning district. (Ord. 832 §1, 1997)

The city council may grant a special use permit for those situations listed in the residential or commercial zoning districts under the category "uses subject to review". (Ord. 968 §1, 2002: Ord. 832 §1, 1997)

In addition to the uses granted by right in residential and commercial zoning districts, the city council may utilize the provisions of this chapter to grant a special use permit to authorize the following uses:

Cemetery, mausoleum, crematorium or columbarium.

Charity games conducted under a license granted by the state of Oklahoma pursuant to title 3A, section 401 et seq., Oklahoma Statutes and under a business permit issued by the city pursuant to title 5 of this code.

Helicopter landing pad.

Mobile home park.

Outdoor tennis courts where a membership is required or a fee is charged for use.

Plant nursery or greenhouse.

Private wind energy conversion system tower.

Public building erected and used by any department or agency of the city, county, state, or federal government, telephone exchange building, communication tower, electric substation, and lines or gas distribution regulator stations.

Telecommunications towers and antennas, in accordance with chapter 19.55 of this title.

Temporary commercial amusement enterprises, including, but not limited to, circuses and carnivals.

Zoological or botanical gardens. (Ord. 915, 2000: Ord. 832 §1, 1997)

All special use permits shall be reviewed by the planning commission.

A.   Requirements: An application for a special use permit shall be filed with the planning commission according to the rules and procedures established for applications for rezoning. The application shall be filed by the owner of such property and shall be accompanied by the required application fee;

B.   Site Development Plan: A complete plan shall be filed with each application;

C.   Public Hearing: The planning commission shall hold one or more public hearings on the application and shall, no later than its next regular meeting after the first meeting of the planning commission at which the application is considered, transmit to the city council its report as to the effect of such proposed building, structure, or use upon the character of the neighborhood, traffic conditions, public utilities and other matters pertaining to the general welfare, and a recommendation concerning the application. The time frame for planning commission action established herein may be waived by the applicant. The city council shall hold one or more public hearings, upon public notice as established for applications for rezoning, at which time they may authorize or deny the approval of a special use permit for the use of land, buildings or structures as requested;

D.   Considerations: The action of the city council on any application may include the requirement of landscaping, fences, walls and other features deemed necessary to further the purposes of this chapter, and such features shall be provided and maintained during the continuance of any use for which they have been required. The following factors should be considered in determining suitability of a special use permit application:

   1.   The location and size of main and accessory building on the site and their relation to adjacent uses,

   2.   The number and arrangement of parking spaces, traffic circulation area, the adequacy and manner of the lighting thereof, and its effect on the surrounding properties,

   3.   The relationship between the off street parking areas and points of ingress and egress, and the traffic circulation both within and adjacent to the site,

   4.   The provision and location of proper facilities for the accumulation and disposal of refuse and trash,

   5.   The provision of adequate off street loading facilities,

   6.   The provisions of fences, walls and landscaping,

   7.   The relationship of the number, size and location of signs identifying the proposed use,

   8.   Such other factors as may be necessary to secure and protect the health, safety and general welfare of the city.

E.   Automatic Withdrawal Of Application: All applicants, either personally or through a duly authorized representative with authority to speak and take action on the applicant's behalf, are required to attend all public hearings provided for under subsection C of this section. In the event the applicant, or a duly authorized representative agent, does not personally attend any public hearing as set forth in subsection C of this section, then the application shall be deemed withdrawn and all fees tendered to the city shall be deemed forfeited by the applicant. In the event an applicant is unable to attend a public hearing (including being unable to send a duly authorized representative), the applicant may file a written request with the office of the city clerk that the public hearing be postponed to the next regular meeting of the public body holding the hearing. Such a request shall only be granted if received by the office of the city clerk prior to the city incurring the expenses (e.g., postage and publication fees) associated with notifying the public of the holding of a public hearing on the application. The timely filing of a request to postpone a public hearing shall have the effect of suspending all time lines for action by a public body which are established within this title and chapter for the duration of the postponement. (Ord. 1081 §1, 2010)

A.   No use approved under the special use permit provision shall be commenced or maintained upon a lot or parcel except in accordance with the approved site development plan.

B.   All special use permits shall expire by default:

   1.   If the use is not established within twelve (12) months of the date of approval by the city council.

   2.   If the use once established has been abandoned or has been discontinued for a period of twelve (12) consecutive months.

C.   Whenever the city finds that any proposed construction or occupancy does not, in its opinion, comply with the terms of the special use permit, the city shall refer the matter to the city council for a determination of compliance.

D.   When the holder of a special use permit determines that an extension of time or modification of the approved site development plan is necessary, he may apply for amendment.

E.   All amendments to a special use permit shall be processed and reviewed in the same manner as the original application.

F.   When a recommendation is made to the city council to approve or deny the issuance of a special use permit, the city council may overturn the recommendation with a majority vote of the members present at their meeting. If one or more written protests, objecting to the use being proposed in the special use permit, are filed at least three (3) days before the time of the public hearing before the planning commission by the owners of fifty percent (50%) or more of the area of the lots within a three hundred foot (300') radius of the exterior boundary of the area to be covered by the permit, a three-fourths (3/4) majority vote of all members of the city council is required to overturn the recommendation. (Ord. 995 §2, 2003: Ord. 968 §1, 2002: Ord. 832 §1, 1997)