Okla. Stat. tit. 11, § 11-43-113

use of land - Public hearing.

A. As used in this act, “specific use permit” means a permit

granted by a municipal governing body, after notice and a hearing

and preliminary review and recommendation of a municipal planning

commission, for a specific use within any zoning district.

Municipalities may enact an ordinance provision for specific use

permit. Any municipality enacting an ordinance providing for

specific use permits shall enumerate a list of uses which it has

determined more intensely dominate the area in which they are to be

located or their effects on the general public are broader in scope

than other types of uses which are permitted in a zoning district.

An entity with a use which is enumerated on the list may, by

application for a specific use permit, locate in a zoning district

for which such use would not normally be allowed or could be

allowed, but due to its potential impact on surrounding properties,

must secure a specific use permit.

B. The types of uses for which a specific use permit may be

required shall be those types of uses which, because of the size of

the land they require or the specialized nature of the use, may more

intensely dominate the area in which they are located and their

effects on the general public are broader in scope than other uses

permitted in the district.

C. The designation of a specific use as possible on the

specific use list shall not constitute an authorization or an

assurance that such use will be permitted. Rather, each specific

use permit application shall be viewed as to its probable effect on

the adjacent properties and community welfare and may be approved or

denied as the findings indicate appropriate.

D. In granting a specific use permit, the governing body of the

municipality may require conditions related to the use of land,

including, but not limited to, permitted uses, lot sizes, setback,

height limits, required facilities, buffers, open space areas,

lighting, signage, landscaping, parking and loading, compatibility,

land use density, bonding, insurance and such other 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. This may include having the property

platted and/or the requirement of the dedication of sufficient

right-of-way or easement as necessary to further the public good.

Such conditions shall be determined in accordance with the

regulations specified in the zoning ordinance. The conditions need

Oklahoma Statutes - Title 11. Cities and Towns Page 483

not be uniform with regard to each type of land use if equitable

procedures recognizing due process principles and avoiding arbitrary

decisions have been followed in making regulatory decisions.

E. The specific use permit regulations established by a

municipality shall specify the following:

1. The body which shall review and approve specific use permit

requests and amend the same;

2. The conditions which create specific use permit eligibility,

the persons and agencies involved in the review process, if any, and

the requirements and standards upon which applications will be

reviewed and approval granted; and

3. The procedures required for application, review and

approval.

F. Following receipt of a request for a specific use permit, at

least one public hearing shall be held. An ordinance may provide

for one or more preapplication conferences before submission of a

request, the submission of a deposit necessary for payment of

application and permit expenses, and the submission of preliminary

site plans before the public hearing. Notification of the public

hearing shall be given by mail in the same manner as required by

Section 43-106 of Title 11 of the Oklahoma Statutes for public

hearings on proposed zoning changes. Within a reasonable time

following the public hearing, the body responsible for approving a
nt of

application and permit expenses, and the submission of preliminary

site plans before the public hearing. Notification of the public

hearing shall be given by mail in the same manner as required by

Section 43-106 of Title 11 of the Oklahoma Statutes for public

hearings on proposed zoning changes. Within a reasonable time

following the public hearing, the body responsible for approving a

specific use permit shall deny the request, approve the request, or

approve the request with the following conditions:

1. The planning commission shall conduct a public hearing and

make recommendations on the specific use permit request which shall

be transmitted to the municipal governing body for consideration in

making a final decision. If an amendment of a zoning ordinance is

required by the specific use permit regulations of a municipal

zoning ordinance, the requirements for amendment of a zoning

ordinance shall be followed; and

2. If the specific use permit regulations of a municipal zoning

ordinance do not require amendment of the ordinance with review and

approval of specific use permits, the municipal governing body may

approve, approve with conditions, or deny a request.

G. In establishing specific use permit ordinances, the

municipal governing body may incorporate by reference other

available and applicable ordinances or statutes which regulate land

development.