Okla. Admin. Code § 120:10-13-19

Current through Vol. 42, No. 4, November 1, 2024

Section 120:10-13-19 - Powers relative to conditional uses permissible on review

The Commission shall have the following powers to grant conditional uses:

(1) Upon receipt of a request the Commission shall review the uses listed in Subchapter 3 of the Specific District Regulations of this Chapter as "Uses Permitted on Review". These are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district; however, the nature of the uses may make it desirable that they be permitted to locate within the district. The following procedure is established to integrate properly the uses permitted on review with the other land uses located in the district. The requested use shall be reviewed and authorized or rejected under the following procedure:

(A) An application shall be filed with the Commission for review. The application shall show the location and intended use of the site, the names of all property owners, and existing land uses within 300 feet (the notice area), and any other material pertinent to the request the Commission may require.

(B) The Commission shall hold one or more public hearings.

(C) The Commission, within 45 days of the date of application, shall study the effect of the proposed building or use upon the character of the neighborhood, traffic conditions, public utilities, and other matters pertaining to the use and area, and grant or deny the issuance of a permit for the requested use of land or buildings.

(D) If a protest against a conditional permit is presented, duly signed and acknowledged by the owners of 20% or more of the notice area of the permit, the permit shall not be approved except by the favorable votes of six members of the Commission.

(2) In considering all requests and rulings made under this Subchapter, the Commission in making its findings on any specific case shall determine the following:

(A) The effect of the proposed use on the supply of light and air to adjacent property;

(B) The congestion of public streets;

(C) The health and safety of the public from fire and other hazards;

(D) Impact on established property values in the surrounding area; and

(E) Other factors the Commission determines to be relative to the comfort, morals and general welfare of the State and the people of the Capitol-Medical Center Improvement and Zoning District.

(3) Every ruling made on any request to the Commission shall be accompanied by a written finding-of-fact based on the testimony received at the hearing held by the Commission, and shall specify the reason for granting or denying the permit.

(4) Conditional use permits are non-transferable and are approved for use by the applicant only. Any change in ownership or tenancy will be subject to review for compliance with the procedures established in this subchapter and the applicable zoning district.

(5) If at any time the terms and conditions of the original permit as approved by the Commission are not met it is considered a violation and the Commission may, after hearing, revoke the permit and require the use to cease.

Okla. Admin. Code § 120:10-13-19

Added at 27 Ok Reg 1733, eff 6-25-10; Amended at 28 Ok Reg 2216, eff 7-25-11

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017