(A) Regulations established. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this chapter, are the C Business-Industrial District regulations.
(Prior Code, § 11-6-1)
(B) Specific use permit.
(1) Definition. The phrases SPECIFIC USE PERMIT or PERMIT, as used herein, shall mean a permit granted by the Board of Trustees for the town, (the “Town Board”), after notice, public hearing, preliminary review and recommendation by the town’s Planning and Zoning Commission for a specific use within a Commercial-Industrial (C) Zoning District. The Town Board shall process any application or amendment for a specific use permit using the procedure as set forth in division (B)(3) below.
(2) List of specific uses. The types of uses for which a specific use permit may be required shall be those types of uses (the “specific uses”) which, because of the size of the land required for the specific use or the specialized nature of the use, may more intensely dominate the area in which the use is located and its effects on the general public are broader than other uses permitted in a Commercial- Industrial (C) Zoning District. The following uses shall receive the express approval of the Town Board before they shall be permitted to be located, expanded or moved anywhere within a Commercial- Industrial (C) Zoning District:
(a) Acid manufacture or wholesale storage;
(b) Cell phone or other communication towers (excluding amateur radio tower);
(c) Cement, lime, gypsum or plaster manufacture;
(d) Commercial oil or gas refining or compression;
(e) Commercial or bulk storage of gasoline, propane, butane or other petroleum products;
(f) Explosives manufacture or wholesale storage;
(g) Grain elevator and storage;
(h) Impound lots;
(i) Medical marijuana commercial growing facilities;
(j) Medical marijuana dispensary;
(k) Medical marijuana processing facility;
(l) Medical marijuana transportation;
(m) Refining of petroleum or its products;
(n) Salvage yards;
(o) Sanitary landfill or waste disposal area;
(p) Sewage lagoon;
(q) Temporary work force housing with occupancy of 20 or more; and
(r) Wind tower.
(3) Procedure. The procedure for the application, review and approval of a specific use permit (or the amendment of a previously approved permit) is as follows.
(a) Any person or business entity may file an application (the “application”) with the town’s Clerk-Treasurer for a specific use permit for applicant’s property on a written form satisfactory to the town’s Clerk-Treasurer.
(b) The applicant shall provide the town’s Clerk-Treasurer a list of property owners and mailing addresses for all property located within a 300-foot radius of applicant’s property certified within 30 days of the application by a county abstracter.
(c) The applicant shall deposit $250 with the town’s Clerk-Treasurer to pay the expenses related to the application including, but not limited to, postage and publication fees.
(d) The applicant shall submit to the town’s Clerk-Treasurer a site plan for the property.
(e) The town’s Clerk-Treasurer shall publish notice of the application and set a public hearing date in a newspaper of general circulation in the town and mail notice of the same to surrounding property owners as required by 11 O.S. § 43-106.
(f) The town’s Planning and Zoning Commission shall, within 30 days of the filing of a complete application, schedule and conduct a public hearing on the application and make a recommendation on the application to the Town Board.
(g) The town’s Planning and Zoning Commission and/or the Town Board may employ experts or advisors to help them review an application.
(h) The Town Board shall, within 30 days after the public hearing by the town’s Planning and Zoning Commission, uphold the recommendation, reject the recommendation or modify the recommendation. The decision of the Town Board shall be final. The Town Board may rely on the minutes of the town’s Planning and Zoning Commission or hear the same or additional argument regarding the application in its sole discretion.
(i) Any appeal of a decision by the Town Board under the provisions of this section shall be filed in accordance with 11 O.S. § 43-109.1.
(4) Standards of review.
(a) The standards of review (the “standards”) for approval or denial of a specific use permit include the following factors (the “factors”):
1. Traffic pattern and safety;
2. Available parking;
3. Odor;
4. Dust and air quality;
5. Noise;
6. Size of facility compared to total property size;
7. Use and value of adjoining property;
8. Risk of physical damage to adjoining property;
9. Economic development;
10. Job growth;
11. Sales tax revenue;
12. Environmental risk;
13. Financial ability of municipality to provide improvements;
14. Utility consumption;
15. Community image; and
16. Overall health, safety and welfare of the community.
(b) Each factor may not be applicable or individually receive the same consideration. Any factor can be assigned greater or lesser weight during the review process.
(c) The town’s Planning and Zoning Commission shall discuss the current status of each factor separately (if applicable) as it relates to the proposed use and determine whether or not collectively the proposed use positively or negatively is:
1. Consistent with and promotes the intent and purpose of the 2024 Seiling Community Plan; and
2. Promotes the land use or activity so as to be compatible with adjacent uses of land, the natural environment and the planned capacities of public services and facilities affected by the land use.
(d) In the event the proposed use is determined to be positive, then the specific use permit shall be recommended to the Town Board for approval. In the event the proposed use is determined to be negative, then the specific use permit shall be recommended for denial to the Town Board or approved with conditions.
(5) Reasonable conditions.
(a) Reasonable conditions may be required in conjunction with the approval of a specific use permit during the hearing process by either the town’s Planning and Zoning Commission or the Town Board. Conditions imposed shall meet the following requirements:
1. Be designed to take into consideration the natural environment, the health, safety and welfare of the residents and property owners immediately adjacent to the proposed land use or activity, and the community as a whole;
2. Be related to the valid exercise of the police power, and to the proposed use or activity;
3. Be necessary to meet the intent and purpose of existing zoning requirements;
4. Be related to the standards established within this section for the land use or activity under consideration; and
5. Be necessary to ensure compliance with those standards.
(b) The conditions imposed with respect to the approval of a specific use permit shall be stated in the record of the approval actions and shall not be changed or amended, except as authorized by a zoning ordinance with notice as specified thereby. The Town Board shall maintain a record of conditions which are changed.
(6) Continued use of permit.
(a) In the event a specific use permit is approved (with or without condition), then the applicant shall be required to actively commence the approved specific use within one year after the approval date by the Town Board or the same shall be void.
(b) If the specific use is commenced and then ceases for a period of one year or more, then the specific use permit shall be void.
(Prior Code, § 11-6-2)
(C) Yards. There shall be no yard area restrictions on any business or industrial enterprise located in the C Business-Industrial District.
(Prior Code, § 11-6-3)
(D) Lot area; intensity of use. There shall be no lot area restrictions or intensity of use other than fire and health restrictions imposed by other ordinances of the town or applicable state and federal statutes or regulations.
(Prior Code, § 11-6-4)
(E) Other.
(1) C1, Neighborhood Commercial. The Neighborhood Commercial District is intended for uses necessary for the conduct of retail trade and to provide personal services to meet the regular needs and for the convenience of people in adjacent residential areas. Uses include banks, shops, drug store, food stores, restaurants and the like.
(2) C2, General Commercial. The General Commercial District is intended for the general service and retail businesses in the community. Uses include all C-1 activities, plus automobile sales, lumber yards, service stations and the like.
(Ord. 2019-2, passed 3-11-2019; Ord. 2020-1, passed 3-16-2020; Ord. 2021-6, passed 9-20-2021)