(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. Shall have the same meaning as defined in § 158.002 of this chapter.
APPROVED TREATMENT FACILITY, TRANSITIONAL LIVING FACILITY, HALFWAY HOUSE, and INPATIENT TREATMENT. Shall have the meaning as defined in 43A O.S. § 3-403 pertaining to the Alcohol and Drug Abuse Services Act.
BODY PIERCING. A procedure in which an opening is created in a human body solely for the purpose of inserting jewelry or other decoration, provided, however, that the term does not include ear piercing.
BODY PIERCING OPERATOR. Any person who owns, controls, operates, conducts, or manages any permanent body piercing establishment, whether actually performing the work of body piercing or not. A mobile unit, including but not limited to a mobile home, recreational vehicle, or any other nonpermanent facility, shall not be used as a permanent body piercing establishment.
EQUESTRIAN EDUCATIONAL FACILITY. An indoor or outdoor facility where horses are housed, ridden, shown, displayed, or trained as part of the curriculum of and in connection with an educational program of public schools or colleges and universities.
HAZARDOUS MATERIALS. Information and materials to be used or located on the site whether on a full-time or part-time basis. Information regarding the activity or at the time of any change of use or expansion, even for existing uses, shall be provided to the Director.
INMATE WORK CENTERS, INMATE HALFWAY HOUSES, and INMATE PRERELEASE CENTERS. Shall have the same meanings as used in 57 O.S. or as defined by the Oklahoma Department of Corrections.
MEDICAL MARIJUANA GROWING FACILITY. An individual or entity that has been issued a license by the state to grow, harvest, dry, cure, package, sell, transfer, and transport or contract with a licensed transporter for the transport of medical marijuana in accordance with state law to a dispensary, processor, grower, research facility, education facility or testing laboratory.
MEDICAL MARIJUANA PROCESSOR. An individual or entity that has been issued a license by the state to purchase marijuana from a grower or processor; to process, package, and sell, transfer, transport or contract with a licensed transporter to transport marijuana to a licensed dispensary, processor, or testing laboratory in accordance with state law; and process medical marijuana received from a licensed patient into a medical marijuana concentrate, for a fee.
MEDICAL MARIJUANA TRANSPORTER. An individual or entity that has been issued a transporter license pursuant to state law. A transporter may temporarily store marijuana to transport from or to a centralized distribution point to a state licensed medical marijuana retailer, licensed growing facility, or licensed processing facility. A medical marijuana transporter may store and distribute marijuana from the licensed premises. The licensed premises shall meet all security requirements applicable to a medical marijuana establishment. All marijuana shall be transported in a locked container and clearly labeled "Medical Marijuana or Derivative."
OPEN DISPLAY USES. Those uses of land where articles, materials, merchandise, or property is displayed or stored outside the confines of a completely enclosed structure, for example, car, truck, or boat sales.
PUBLIC SCHOOLS. Shall have the same meaning as defined in 70 O.S. § 1-106.
TATTOO OPERATOR. Any person who owns, controls, operates, conducts, or manages any permanent tattooing establishment whether performing the work of tattooing or not, or a temporary location that is a fixed location at which an individual tattoo operator performs tattooing for a specified period of not more than seven days in conjunction with a single event or celebration, the primary function of the event or celebration being tattooing.
TATTOOING. The practice of producing an indelible mark or figure on the human body by scarring or inserting under the skin using needles, scalpels, or other related equipment, provided, that medical micropigmentation, performed pursuant to the provisions of the State Medical Micropigmentation Regulation Act shall not be construed to be TATTOOING.
(B) Special uses permitted.
(1) A special use permit may be authorized in the commercial-highway and industrial zoning districts of the city. Any transitional living center or halfway house, as defined in division (A) of this section, shall be subject to the nondiscriminatory zoning laws of the state, county or municipality in which located, and the location of such facility is specifically prohibited within 1,000 feet of any public or private elementary or secondary school. Provided, that if any public or private elementary or secondary school shall be established within the prohibited distance from any such facility after such facility has been in use as a transitional living center or halfway house, this shall not be a bar to the continued use of the facility as designated so long as it remains in continuous use as designated. The distance indicated in this section shall be measured from the nearest property line of the school to the nearest property line of the transitional living center or halfway house. The provisions of this section shall not apply to any transitional living center or halfway house established prior to the effective date of this act. The users are as follows:
(a) Approved treatment facility (drug and alcohol);
(b) Transitional living facility (drug and alcohol);
(c) Halfway house (drug and alcohol);
(d) Inmate work centers and camps;
(e) Inmate halfway houses;
(f) Inmate transitional living centers;
(g) Prisons;
(h) Inmate pre-release centers;
(i) Crematory;
(j) Open display uses;
(k) Medical marijuana research facilities; and
(l) Medical marijuana educational facilities.
(2) The following uses are allowed only as a special permit use in the industrial light (I-L) zoning district and industrial heavy (I-H) zoning district:
(a) Tattoo operator facility (effective 11-1-2006, since tattooing facilities are illegal until that date);
(b) Body piercing operator facility;
(c) Hazardous material, treatment, storage, disposal, and use;
(d) Medical marijuana growing facility.
1. Growing marijuana for commercial medical purposes shall be restricted to an interior building of a commercial grow facility.
2. All commercial grow operations are required to be in a stand-alone building with no shared walls.
3. The growing area, including any lighting, plumbing, or electrical components used, shall comply with municipal building and fire codes. The growing area must be properly ventilated so as not to create humidity, mold or other related problems. Lighting shall not exceed 1,000 watts per light. The use of gas products (CO2, butane, etc.) or CO2 and ozone generators in the growing area is prohibited.
(e) Medical marijuana processor.
1. Processing marijuana for commercial medical purposes shall be restricted to an interior building of a processing facility.
2. All commercial processing operations are required to be in a stand-alone building with no shared walls.
3. If the extraction process to be used involves chemical or use of gas products (CO2, butane, etc.) or CO2 and ozone generators and would otherwise affect the safety or health of the public, the city of Fire Department AHJ policies and guidelines must be conformed to.
(3) In the agricultural zoning district, the following use is allowed only as a special permit use: equestrian educational facility, provided that such facility shall not be located on any tract of land closer than 900 feet from the right-of-way of any major thoroughfare or expressway.
(4) The following uses may be allowed only as a special permit use in residential zoning districts of the city: accessory buildings larger than 240 square feet subject to such conditions as may be imposed under the approval of a special permit use.
(5) The following use may be allowed only as a special permit use in the C-G commercial general zoning district: public schools and related public school, activities with such grade level restrictions and limitations as determined by the Planning and Zoning Commission and City Council to be compatible with the facility and/or location.
(6) The following use may be allowed only as a special permit use in the C-G Commercial General and C-H Commercial Highway Zoning Districts: pawn shops, provided that no more than one pawn shop may be located within a 1,000 foot radius of another pawn shop, when measured from property line to property line of the lots where the pawn shops are or to be located. Outdoor display of merchandise by a pawn shop is limited to those approved as a special permit use in the Commercial Highway Use District under this chapter.
(C) Procedures, descriptions, and criteria.
(1) General description and authorization. The uses listed above as special use permits are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district, and because these uses present unique security and safety issues which are not shared by other uses in the district. With consideration given to setting, physical features, compatibility with surrounding land uses, traffic, and aesthetics, certain uses may locate in an area where they will be compatible with existing or planned land uses. The City Council shall review each case on its own merits, apply the criteria established herein, and, if appropriate, authorize said use by granting a special use permit for it.
(2) Application. Prior to submission of a request for a Special Use Permit, the Community Development Director 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 Special Use Permit, the Planning and Zoning Commission will establish the requirements necessary for consideration of the application. Application and public hearing procedures for a special use permit shall be completed in the same manner as an application for rezoning. A site plan shall be included with the application as outlined in this chapter. The Planning and Zoning Commission may require that the applicant furnish additional 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.
(3) Criteria for special permit approval. The City Council may, in the interest of the public welfare and to assure compliance with the intent of this section and the Bethany 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. The City Council shall use the following criteria to evaluate a special use permit:
(a) Whether the proposed use shall be in harmony with the policies of the comprehensive plan and, in the case of open display uses, whether the proposed open display is detrimental to the implementation of the gateway area of the city;
(b) Whether the proposed use shall be in harmony with the general purpose and intent of the applicable zoning district regulations;
(c) Whether the proposed use shall adversely affect the use of neighboring property;
(d) Whether the proposed use shall generate pedestrian and vehicular traffic that is hazardous or in conflict with the existing and anticipated traffic in the neighborhood;
(e) Whether the facility presents a health or safety hazard to neighboring properties or the community at large;
(f) Where applicable, whether the facility is to be located in proximity to elementary or secondary public and/or private schools, or other incompatible uses;
(g) Whether utility, drainage, parking, loading, signs, lighting access, and other necessary public facilities to serve the proposed use shall meet the adopted codes of the city;
(h) Where applicable, whether the facility has obtained all necessary permits to operate under the laws of the state.
(i) The City Council may impose specific 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.
(j) For accessory buildings greater than 240 square feet in size, the following additional conditions and restrictions shall apply:
1. The height of the accessory building measured at its highest point shall not exceed the height of the primary building measured at its highest point;
2. The accessory building shall not be used as a dwelling unit;
3. Roof pitch of the accessory building should be the same as the predominant roof pitch of the primary structure;
4. An accessory building shall not be located on a lot not occupied by a primary building, except on lots larger than two acres in size.
5. If the primary building on a residential lot is destroyed or removed and not rebuilt within a two-year period from time of destruction or removal of the primary building, then the accessory building shall be removed.
6. Accessory building(s) approved as a special permit use under this section should not exceed in size the greater of 50% of the gross floor area of the primary building or 10% of the total recorded lot area of the lot on which the primary building is located.
(4) Status of special use permits. Once a special use permit has been granted for a lot, said special use permit may not be expanded to another lot without application for a new special use permit. The special use permit will only authorize the specific use approved by the City Council. No additional use(s) shall be allowed on the premises of the special use except as specifically authorized in the special use permit. For example, a special use permit for an approved treatment facility would not allow a change of use or adding of additional uses such as inmate halfway house; nor would a special use permit for a body piercing facility allow the addition of tattooing. All special use permits shall expire by default:
(a) If the use is not established within 12 months following approval by the City Council and no extension is approved. When a building permit has not been issued for construction within 12 months of City Council approval, the applicant or owner may request a hearing for an extension of the initial special use permit approval. Good cause for an extension shall mean that the owner shows evidence that he or she has contractors or applications for continual development within the next year following the original approval;
(b) If the use once established has been discontinued for a period of 12 months or abandoned;
(c) Whenever the City Manager finds that any proposed construction or occupancy will not, in his or her opinion, substantially comply with the special use permit, he or she shall refer the question to the City Council for its review;
(d) When the holder of a special use permit determines that an extension of time or modification of the use is necessary, he or she may apply for amendment in the same manner as the original application. The amendment shall be processed in the same manner as an original application.
(5) Lawful open display uses existing on the date of Ord. 1776 may continue without the issuance of a special use permit. Any changes in the use, including change of ownership, will require conformance with all the requirements of this section.
(Ord. 1670, passed 5-7-02; Am. Ord. 1678, passed 9-3-02; Am. Ord. 1764, passed 6-6-06; Am. Ord. 1776, passed 12-5-06; Am. Ord. 1823, passed 6-16-09; Am. Ord. 1848, passed 4-18-11; Am. Ord. 1852, passed 6-21-11; Am. Ord. 1861, passed 4-17-12; Am. Ord. 1974, passed 8-6-19; Am. Ord. 1994, passed 9-1-20)