A. General. As used in this Title, Specific Use Permit (SUP) refers to a permit granted by the City Council within any zoning district of the City where a Specific Use Permit is required, as set out in Chapter 3, Zoning Districts and Map, and subject to any applicable conditions or requirements set out in Chapter 3, Subchapter 3, Specific and Limited Uses. A Specific Use Permit may be granted only after due notice and a City Council public hearing, and following review and recommendations by the City Planner and a public hearing and recommendation to City Council by the Planning Commission.
B. Purpose. This Title requires a Specific Use Permit to authorize certain uses which, because of the nature and characteristics of those uses, may potentially have adverse impacts on surrounding properties. The SUP process allows the City to evaluate the merits of each proposed specific use on the basis of its particular location and context and a site plan, to ensure that the specific use, if authorized, will be operated in a manner that is compatible with the surrounding uses.
C. Application Requirements. The procedures required for application, review and consideration of an SUP application include the following:
1. Prior to submitting an application, the applicant shall meet with City staff and conduct a TAC conference. Minutes of the TAC shall be taken by the City, provided to the applicant, and shall become a permanent part of the application, should an application be filed, or filed in the official records of the City Planner if an application is not filed.
2. The applicant shall submit the following to the City Planner:
a. An SUP application and application fee.
b. A set of preliminary site plans, drawn to scale, showing the location of buildings, parking and other pertinent data concerning operation of the proposed use, and other details, such as, but not limited to, a Plan of Operation, to demonstrate that the proposed use will be compatible with surrounding properties.
c. Through a registered bonded abstract company or a licensed title insurance company, a list of property owners and their mailing addresses, within a 300 foot radius of the outer boundaries of the subject property, as well as addressed adhesive envelope labels for all such property owners and administrative fees associated with the of mailing notice and posting signage.
D. Procedural Requirements. In accordance with Title 11, Oklahoma Statutes, Sections 43-113, 43-114, 45-106 and 43-109.1, the requirements set out below govern the SUP process:
1. The Planning Commission, after conducting a public hearing, and upon receipt of recommendations from the City Planner and TAC, and written public comments, shall make a recommendation to approve, conditionally approve or deny the SUP. Conditions of approval shall be applied as necessary, as set out in Subsection E, Conditions of Approval, below.
2. The City Council, after conducting a public hearing, and upon receipt of recommendations from the Planning Commission, City Planner, and TAC, and written public comments, shall take action to approve, conditionally approve or deny the SUP. Conditions of approval shall be applied as necessary, as set out in Subsection E, Conditions of Approval, below.
3. The Commission and Council may, in the interest of the public welfare and to ensure compliance with the intent of this Title and the Comprehensive Plan, require such conditions, development standards and operational conditions as necessary, as set out in Subsection E, Conditions of Approval, below.
E. Conditions of Approval. Development standards and operational conditions and safeguards may be required by the City as follows:
1. Conditions shall be reasonably related to the proposed use, including, but not limited to, other permitted uses, lot sizes, setback, height limits, required facilities, buffers, open space areas, lighting, signage, landscaping, parking and loading, compatibility, land use density, and such other development standards and operational conditions necessary for the protection of adjacent property and the community.
2. If determined to be appropriate, the City may require the platting of the property and/or require the dedication of easements, or a half right-of-way for a substandard street or a street designated on the Major Street and Highway Plan, to further the public good.
3. Conditions may be applied to ensure that the use is not detrimental to the health, safety and welfare of the City and based on the valid exercise of statutory police powers.
4. Conditions may relate to the standards and regulations established in this Title and other codes and ordinances of the City.
5. Findings used as the basis for imposing conditions to approve an SUP shall be stated in the written record of such actions. The City Clerk shall maintain a record of conditions and any subsequent amendments thereto.
6. Such conditions need not be uniform with regard to each type of land use if equitable processes and procedures, and statutory requirements, recognizing due process principles and avoiding arbitrary decisions have been followed in making regulatory decisions.
F. Notice.
1. The City shall use the list of property owners and address labels provided by the applicant to notify such property owners of the required public hearing, by mail, in the manner required by 11 Oklahoma Statutes Section 43-106, for public hearings for proposed zoning changes. The applicant shall be responsible for all postage and administrative costs associated with notice.
2. The City shall publish legal notice of the required public hearing in a newspaper of general circulation in the City not less than 20 days, nor more than 30 days, prior to the public hearing. Publication arrangements will be made by the City, and the applicant shall be responsible for the expense of such publication.
3. SUP notice signs shall be posted on the subject property by the City and will include, as a minimum, the nature of the proposed specific use, the identity of the property owner, the dates of the public hearings, and City Planner contact information, at least 20 days prior to the initial public hearing.
G. Appeals. Any suit to challenge any action, decision, ruling or order of either the Planning Commission or City Council under provisions of this Section shall be filed with the Tulsa County District Court within 30 business days from the action, decision, ruling or order being challenged. (Ord. 746, 11-14-2017)