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CHAPTER 2

GENERAL PROVISIONS

Table of Contents

200.   Zoning and Supplemental Zoning Districts Established
201.   Official Zoning Map Established
202.   District Boundary Description and Interpretation
203.   Limitation on Land Use
204.   Division of Lots
205.   Number of Dwelling Units on a Lot
206.   Street Frontage Required
207.   One Single-family Dwelling Per Lot of Record
208.   Height Exceptions
209.   Lot Area and Width Exceptions
210.   Yards
211.   Existing Building Encroachment on Front Yards or Building Setbacks
212.   Screening Wall or Fence
213.   Platting Requirement
214.   Major Street Plan
215.   Structure Setback from Abutting Streets
216.   Code of Ethics
217.   Satellite Communication Antennas
218.   Illumination Standards
219.   Nuisances regulated
220.   Strobe Lights and Rotating Beacons Prohibited
221.   Non-commercial Signs
222.   Motorized Vehicles
223.   Temporary Accessory Tents
224.   Screening Fences Abutting Freeways
225.   Sign Exceptions

 

SECTION 200.    ZONING AND SUPPLEMENTAL ZONING DISTRICTS ESTABLISHED

The Zoning Districts and Supplemental Zoning Districts set forth below are hereby established. The District symbol is in the column to the left.

 

AG

Agriculture District

 

RE

Residential Single-Family, Estate District

 

RS-1

Residential Single-Family Low Density District

 

RS-2

Residential Single-Family Medium Density District

 

RS-3

Residential Single-Family High Density District

 

RS-4

Residential Single-Family Highest Density District

 

RD

Residential Duplex District

 

RT

Residential Townhouse District

 

RM-0

Residential Multifamily Lowest Density District

 

RM-1

Residential Multifamily Low Density District

 

RM-2

Residential Multifamily Medium Density District

 

RM-3

Residential Multifamily High Density District

 

RMH

Residential Manufactured Home District

 

PK

Parking District

 

OL

Office Low Intensity District

 

OM

Office Medium Intensity District

 

OMH

Office Medium - High Intensity District

 

OH

Office High Intensity District

 

CS

Commercial Shopping Center District

 

CG

Commercial General District

 

CH

Commercial High Intensity District

 

CBD

Central Business District

 

CO

Corridor District

 

SR

Scientific Research and Development District

 

IL

Industrial Light District

 

IM

Industrial Moderate District

 

IH

Industrial Heavy District

 

PUD

Planned Unit Development (Supplemental Zoning District)

 

HP

Historic Preservation District (Supplemental Zoning District)

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SECTION 201.    OFFICIAL ZONING MAP ESTABLISHED

The locations and boundaries of the various districts as defined herein shall be established by ordinance and shall be shown and delineated on the Official Zoning Map of the City of Tulsa. The Official Zoning Map shall be maintained by the Board of Adjustment of the City of Tulsa, and may be divided into parts, and such parts may be separately employed for identification purposes when adopting or amending the Official Zoning Map or for any reference to the Official Zoning Map.

SECTION 202.    DISTRICT BOUNDARY DESCRIPTION AND INTERPRETATION

District boundary lines shall be described by legal description or by a map. When a legal description is used, the boundary line shall be deemed to extend to the centerline of abutting streets and shall be so designated on the Official Zoning Map. When a map is used, district boundary lines shall be established by dimensions, property lines, recorded lot lines, or the centerline of abutting street, alley, or railroad rights-of-way, as the same were of record at the time of adoption. In all cases where there is doubt as to the exact location of district boundary lines, the same shall be determined by the Board of Adjustment.

SECTION 203.    LIMITATION ON LAND USE

No person, firm or corporation shall use or permit to be used any land or buildings, nor shall any person, firm or corporation make, erect, construct, move, alter, enlarge or rebuild or permit the making, erection, construction, moving, altering, enlarging or rebuilding of any building, structure or improvement, which is designed, arranged or intended to be used or maintained for any purpose or in any manner except in accordance with the use, height, area, yard, space, and other requirements established in the district in which such land, building, structure or improvement is located except as provided by Chapter 14, Nonconformities. Nothing in this Code shall be deemed to require a change in the plans, construction, or designated use of any building, where a building permit has been lawfully issued prior to the effective date of this Code, and pursuant to such permit, construction is diligently carried to completion. Upon completion, such building or use shall be deemed nonconforming and may continue as regulated by Chapter 14, Nonconformities.

SECTION 204.     DIVISION OF LOTS

A lot shall not hereafter be divided into two or more lots, unless all lots resulting from such division conform to all the applicable regulations of the zoning district in which located.

SECTION 205.    NUMBER OF DWELLING UNITS ON A LOT

Within a lot containing more than one detached residential building, there shall not be more than 40 dwelling units, unless the lot has been included within a subdivision plat approved by the Planning Commission subsequent to June 30, 1970, and duly filed of record, and except in the case of a lot which is within an approved Planned Unit Development.

SECTION 206.    STREET FRONTAGE REQUIRED

No lot shall contain any building used in whole or in part for residential purposes unless such lot has a minimum of 30 feet of frontage on a public street or dedicated right-of-way, except as provided for a substandard lot of record, a lot within an approved Planned Unit Development, and a lot within an approved Townhouse Development.

SECTION 207.    ONE SINGLE-FAMILY DWELLING PER LOT OF RECORD

Not more than one single-family dwelling or manufactured home dwelling may be constructed on a lot, except in the case of a lot which is within an approved Planned Unit Development or in the RMH district.

SECTION 208.    HEIGHT EXCEPTIONS

The following structures shall not be subject to the height limitations of the district in which they are located:

A.    Farm buildings and related structures.

B.    Chimneys, elevators, equipment penthouses, monitors, cooling towers and ventilators, provided they are not intended for human occupancy and they do not extend more than twenty (20) feet above the top of the principal structure.

C.    Belfries, clock towers, cupolas, domes, flag poles and spires, provided they are not intended for human occupancy and they do no exceed more than 150% of the maximum height of district in which they are located.

Structures enumerated in B and C above may be increased in height by the Board of Adjustment as a special exception.

SECTION 209.    LOT AREA AND WIDTH EXCEPTIONS

The lot area and width requirements of the zoning districts shall not apply to the uses, other than fire protection and ambulance services, included within Use Unit 4, Public Protection and Utility Facilities.

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SECTION 210.     YARDS

A.       Compliance With Yard Requirements

Except as otherwise provided, required yards shall be open and unobstructed from the ground to the sky. Yards provided for a building, for the purpose of complying with the provisions of the Code, shall not be considered the yard for any other building, and yards provided for a lot shall not be considered the yard of any other lot.

B.       Permitted Obstructions in Required Yards

Obstructions are permitted in required yards as follows:

1.    Cornices, canopies, eaves, fireplaces, and similar architectural features may project not more than 2 feet into a required yard.

2.    Fire escapes may project not more than 4-1/2 feet into a required yard.

3.    Fences, plant materials, berms, walls, and permitted signs may be located in any yard provided that the same do not constitute a nuisance as provided in Title 24, Tulsa Revised Ordinances, Chapter 1, Section 103.A. Fences and walls within required yards shall not exceed a height of 8 feet. Any fence or wall which projects into or encloses a required front yard shall not exceed a height of 4 feet; however, this height limitation shall not apply to townhouse or multifamily developments containing more than fifteen (15) dwelling units. The Board of Adjustment, as a special exception, may modify these limitations.

4.    Signs which are permitted as accessory uses in residential districts, may be located within any yard which is bounded by a public street.

5.       Permitted Obstructions in Required Rear Yards in RE and RS and RD Districts.  

      a.     A detached accessory building, not exceeding one story nor 18 feet in height, nor 10 feet in height to the top of the top plate, may be located in a required  rear yard provided the building does not cover more than the following portion of the required rear yard:

                    RS-3, RS-4, and RD Districts            30%

                    RS-2 District                                    25%

                    RS-1 and RE Districts                       20%

               b.     Detached accessory buildings shall be located at least three (3) feet away from any lot line, provided, however, where said lot line abuts a public street, the detached accessory building shall be set back from the centerline of the street twenty (20) feet plus one-half of the right-of-way designated on the Major Street and Highway Plan, or forty-five (45) feet from the centerline of the street if said street is not designated on the Major Street and Highway Plan;

               c.     Where an existing nonconforming detached accessory building in the rear yard is less than three (3) feet from any lot line, such building may be expanded or demolished, reconstructed and/or expanded without being three (3) feet from any property line; provided the reconstructed and/or expanded building complies with the following requirements:

              (1)    It is no closer to any lot line than the existing nonconforming structure;

              (2)    It is not over one story in height;

              (3)    It does not cover more of the required rear yard than permitted in Section 210.B.5.a.,
above; and

                        (4)    It does not exceed five hundred (500) square feet in building floor area if the building does not comply with the setback requirements of Section 210.B.5.b., above.

6.    Swimming pools, tennis courts, and fallout shelters, except in required front yards;

7.    Mobile home hitches.

8.    Customary accessory structures, such as clotheslines, barbecue pits, playground equipment, except in required front yards; and.

9.    Antenna and their supporting structures and guy lines may be located in the required rear yard.

10.  Carports may be permitted in required front yards by special exception.   Such a carport may be a detached accessory building or an integral part of the principal building.  Any carport which occupies a portion of the required front yard shall comply with the following restrictions: 

        a.    No carport shall cover an area with dimensions greater than twenty (20) feet in length by twenty (20) feet in width.

        b.    No portion of a carport structure shall be nearer to the side lot lines that the principal building on the lot, nor five (5) feet, whichever is a greater distance from the side lot line.

        c.    No portion of a carport structure shall extend more than twenty (20) feet from the rear of the required front yard, nor more than twenty (20) feet from the front of the existing principal building, whichever is less.

        d.    No carport shall exceed eight (8) feet in height at its perimeter, nor ten (10) feet at the highest point of its interior ceiling.  Carports which are not an integral part of the principal building shall not exceed ten (10) feet in height at their highest horizontal point.  All heights shall be measured from the average ground elevation at the perimeter of the carport.

        e.    All sides of a carport that are within the required front yard shall be open and unobstructed, except for support columns, which in total shall not obstruct more than 15% of the area of any side.

        f.     The entire area under a carport shall only be used to park operable licensed motor vehicles (i.e., cars, pickup trucks, vans, sport utility vehicles), which are customarily accessory to the dwelling.  No other use of this area shall be permitted.

        g.    Carports shall only be permitted by the grant of a special exception by the Board of Adjustment, as provided in Chapter 16 of this title.

 

C.      Use of Yards In R Districts

No inoperative or unlicensed motor vehicles shall be parked or stored within the front or exterior side yard in an R District. No vehicle shall be parked or stored except on a hard surface area constructed of an all-weather material. The width and length of the hard surfaced area on which the vehicle is parked or stored shall be equal to or greater than the width and length of the vehicle being parked or stored. Within the RM Districts not more than one vehicle shall be parked for each 600 square feet of area contained in a required front or exterior side yard.

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SECTION 211.    EXISTING BUILDING ENCROACHMENT ON FRONT YARDS OR BUILDING SETBACKS

Where an existing building or buildings on the same side of the street and within the same block encroach on the required front yard or building setback, the required front yard or building setback for new construction shall be established as follows:

A.    If the proposed building is to be located more than 200 feet from an encroaching building, the proposed building shall conform to the front yard or setback established for the district in which the proposed building is to be located.

B.     If the proposed building is to be located between adjacent buildings which conform to the required front yard or building setback, or between a conforming building and an intersecting street, the proposed building shall conform to the front yard or setback established for the district in which the proposed building is to be located.

C.     If the proposed building is to be located within 200 feet of encroaching buildings on both sides and there are no intervening buildings, the front yard or building setback shall be the average of the front yard or setback of the two nearest front corners of the encroaching buildings.

D.    If the proposed building is to be located within 200 feet of an encroaching building on one side, but not both sides, and there are no intervening buildings, the front yard or building setback shall be the average of the otherwise required front yard or setback and the setback of the nearest front corner of the encroaching building.

Provided, however, that in the application of C. or D. above, the front yard or building setback shall not be reduced to less than 5 feet plus 1/2 of the right-of-way width designated on the Major Street Plan for the abutting street, or 5 feet plus 25 feet if the street is not designated on the Major Street Plan.

SECTION 212.    SCREENING WALL OR FENCE

For the purpose of maintaining a compatible relationship between certain land uses, a screening requirement is hereby established for the initiation and continuance of particular uses in such instances as may be hereinafter designated. Screening requirements for uses included in Use Unit 28. Junk and Salvage Yards are set forth in subsection 1228.E Screening Requirements.

A.       Specifications

When the provisions of this Code require the construction of a screening wall or fence as a condition for the initiation and subsequent continuance of a use other than Use Unit 28, unless otherwise specified, the screening wall or fence:

1.    Shall be constructed with customarily used fencing materials, and shall be designed and arranged to provide visual separation of uses irrespective of vegetation.
2.    Shall not be less than six (6) feet in height, except when in a required front yard in which case the screening wall or fence shall be four (4) feet in height.
3.    Shall be constructed with all braces and supports on the interior, except when both sides are of the same design and appearance.
4.    Shall be erected prior to the occupancy of the building or initiation of the use required to be screened.
5.    Shall be uniform in height, except for significant changes in topography.
6.    Shall have a consistency of design.
7.    Shall, if painted, be earth-tone in color when abutting an R District boundary; and
8.    Shall not be a chain link fence which utilizes inserts of metal or other materials.

B.       Maintenance

The screening wall or fence shall be maintained by the owner of the lot containing the use required to construct the screening. Failure to maintain after notice by the Building Inspector shall constitute an offense hereunder.

C.       Modification of the Screening Wall or Fence Requirements

The Board of Adjustment, as a Special Exception, may:

1.    Modify or remove the screening requirement where existing physical features provide visual separation of uses.
2.    Modify the screening requirement where an alternative screening will provide visual separation of uses.
3.    Grant an extension of time to erect a screen where properties, which are to be benefited by the screen, are undeveloped.
4.    Remove the screening requirement where the purposes of the screening requirement cannot be achieved, or is prohibited by other ordinances and/or regulations.

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SECTION 213.    PLATTING REQUIREMENT--EXCEPTIONS

A.     Requirement. For the purposes of providing a proper arrangement of streets and assuring the adequacy of open spaces for traffic, utilities, and access of emergency vehicles, commensurate with the intensification of land use customarily incident to a change of zoning, a platting requirement is established. No building permit or zoning clearance permit shall be issued until that portion of the tract on which the permit is sought has been included within a subdivision plat or replat, submitted to and approved by the Planning Commission, and filed of record in the office of the County Clerk where the property is situated. This platting requirement shall be applicable to any land which has been:

 1. Rezoned to a zoning classification other than AG, upon the application of a private party; or

  2. Granted a special exception by the Board of Adjustment, as enumerated within Use Unit 2,
       4,5,8 and 20.

B.     Exceptions. Provided that the Planning Commission, pursuant to its exclusive jurisdiction over subdivision plats, may;

1. Waive the platting requirement upon a determination that the purposes have been achieved by previous platting, have or will be achieved by other actions, including any conditions prescribed by the Commission, or could not be achieved by plat or replat;

2. Authorized the processing of a minor subdivision plat, upon a determination that no new streets will be built and that minimal public improvements will be required;

3. Authorize the accelerated release of a building permit, upon approval of a proposed preliminary plat, thereby enabling building permits to be issued prior to the filing of the final plat. Such authorization shall require the dedication of public street right-of-way to conform with the requirements of the Major Street and Highway Plan prior to issuance of a building permit. Prior to such release, the Commission shall determine that extraordinary or exceptional circumstances warrant the release and that compliance with the filing of the final plat is reasonably assured. In the exercise of its discretion to authorize any accelerated release of a building permit, the Commission may:

a. Waive the requirement for street dedication as a condition of approval of a building permit being released prior to the filing of a final plat. Such waiver may only occur upon a determination that circumstances related to the particular project reasonably preclude the future use or improvement of the area for which dedication would be required;

b. Require that no final inspection of buildings or structures occur, that no occupancy permit shall be issued and that no building should be occupied until the platting requirement is fully complied with; and

c. Prescribe conditions for any accelerated Release of a building permit, to ensure the filing of the final plat.

SECTION 214.     MAJOR STREET PLAN

"The Tulsa City-County Major Street and Highway Plan," hereinafter referred to as "The Major Street Plan" as adopted by the Mayor and Board of Commissioners of the City of Tulsa, on April 29, 1969, Ordinance No. 11435, or as it may hereinafter be amended by ordinance, is hereby adopted by reference and made a part hereof.

SECTION 215.    STRUCTURE SETBACK FROM ABUTTING STREETS

The structure setback from abutting streets shall be as provided for each zoning district. However, every structure shall be set back from the centerline of an abutting street a horizontal distance of not less than 1/2 of the right-of-way designated on the Major Street Plan, except as provided in Section 1221.C.14 of this title.

SECTION 216.     CODE OF ETHICS

The Mayor or any member of the City Commission, Planning Commission, or Board of Adjustment to whom some private benefit, direct or indirect, financial or otherwise, may come as a result of a public action concerning this Code should not be a participant in that action. The possibility, not the actuality, of a conflict should govern. The individual experiencing a conflict of interest should declare his interest, abstain from voting on the matter, and refrain from any deliberations on the matter. The individual should not discuss the matter with a fellow official for the purpose of influencing a decision thereon.

SECTION 217.    COMMUNICATION ANTENNAS

Communication antennas are regulated as follows:

A.     Antennas and their supporting structures which are principal uses on the lot, whether permitted by right or special exception, are regulated by Section 1204 of this Code.

B.     Antennas and their supporting structures which are accessory uses in an Agriculture District are regulated by Section 302 of this Code.

C.     Antennas and their supporting structures which are accessory uses in a Residential District are regulated by Section 402 or this Code.

D.     Antenna supporting structures which are accessory to principal uses permitted in the Office, Commercial, Scientific Research and Industrial Districts shall be setback from an R District boundary line a distance equal to at least one hundred ten percent (110%) of the height of the tower measured at grade. The setback distance shall be measured from the nearest point of the antenna supporting structure (excluding any guy lines) to the nearest point on the residential zoning district boundary line, excluding freeways zoned residential.

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SECTION 218.     ILLUMINATION STANDARDS

Buildings or other structures or portions of buildings or structures that area illuminated at 25 foot candles or greater measured at a 2 foot distance shall be considered a sign whether or not the same contain any words or characters.

SECTION 219.    NUISANCES REGULATED

Fences, plant materials, berms, walls and signs shall not be located in such a manner as to constitute a nuisance as provided in Title 24, Tulsa Revised Ordinances, Chapter 1, Subsection 103.A.

SECTION 220.    STROBE LIGHTS AND ROTATING BEACONS PROHIBITED

Except as otherwise required by law, strobe lights and rotating beacon lights are prohibited if visible from a public street.

SECTION 221.     NON-COMMERCIAL SIGNS

Nothing contained in this Code shall prevent the use of the permitted display surface area, in whole or in part, on any sign authorized by this Code and wherever located, from being used for a non-commercial message.

SECTION 222.     MOTORIZED VEHICLES

All motorized vehicles which are designed for travel upon public streets and which are being parked, stored or displayed for sale shall be parked, stored or displayed on an all-weather material as defined in Section 1800. Definitions. The foregoing provisions of this Section shall not apply to vehicles located within junk and salvage yards.

The Board of Adjustment may, as a special exception, permit the storage and/or display of motorized vehicles on a surface other than one consisting of an all-weather material if located behind the building setback line.

SECTION 223.    TEMPORARY ACCESSORY TENTS

Tents shall be permitted without Board of Adjustment site plan approval or Planning Commission PUD site plan approval where the following conditions are met:

1.     The tent(s) conform to all other requirements of the zoning code;
2.     The tent(s) on a lot or contiguous lot in the same ownership shall have an aggregate floor area of 900 square feet or less;
3.     The tent(s) are not erected for more than 89 days in a 365 day period;
4.     The tent(s) do not cover or restrict access to any required parking spaces;
5.     The tent(s) are accessory to principal use on the lot where located.

SECTION 224.    SCREENING AND SETBACKS FROM R DISTRICTS WHICH ARE FREEWAYS OR NONRESIDENTIAL USES

When the erection of a screening wall or fence or setback is required by this code because a use abuts an R District, such wall, fence, or setback shall not be required if the use of the abutting R District is a freeway, expressway, turnpike, nonresidential use previously approved by the Board of Adjustment, or nonresidential development area in a PUD. This exemption from screening along a freeway, expressway, or turnpike shall not apply when the abutting use is a Use Unit 28 use.

SECTION 225.    SIGN EXCEPTIONS

 

A.   The following signs shall not be subject to the sign limitations of the district in which they are located or the sign limitations in Section 1221 of this code.

 

1.   A temporary real estate sign advertising the sale, rental or lease of the premises may be erected on each street frontage of the premises.  These signs shall not exceed the following standards:

 

Zoning District

AG, RE, RS, RD, RT, RM, RMH, PK, O, SR

 

C, CBD, CO, I   

Max Display Surface Area:

 

 

 

Fronting Major Street

32 sq. ft.

80 sq. ft.

 

Fronting Minor Street

  8 sq. ft.

  8 sq. ft.

 

 

 

Maximum Sign Height

 

 

 

Fronting Major Street

15 ft.

25 ft.

 

Fronting Minor Street

  8 ft.

  8 ft.

 

2.   During the period of construction, but in no event exceeding eighteen (18) months, a sign advertising the construction of improvements on the premises, may be erected on each perimeter street frontage of the development; provided such a sign shall not exceed one-half (1/2) of a square foot of display surface area per lineal foot of street frontage; provided further, that in no event shall the sign be restricted to less than thirty-two (32) square feet nor be permitted to exceed four hundred (400) square feet of display surface area.  Such a sign shall not exceed fifteen (15) feet in height, and illumination, if any, shall be by constant light.  After the initial 18-month period of construction of improvements on the premises, a construction sign shall be reduced to a height not to exceed eight (8) feet, and eight (8) square feet in display surface area.

 

3.   Signs which are not visible from a public street.

 

4.   Tablets built into the wall of a building or other structure and used for inscriptions, or as memorial tablets, or for similar purposes.

 

5.   Signs of warning, directive, or instructional nature erected by a public utility, franchised transportation company or governmental agency.

 

6.   Legal notices and street numbers.

 

7    Election campaign signs, if erected not more than forty-five (45) days prior to an election and removed within seven (7) days following election.

 

8.   Signs which are attached as labels of a commodity offered for sale.

 

9.   Signs on accessory equipment or structures, including but not limited to satellite dishes, air conditioners and fences, and identifying the manufacturer, make and model, limited to fourteen and four-tenths (14.4) square inches for each piece of equipment or structure.

 

B.   The following signs shall not be subject to the sign limitations of the district in which they are located or the sign limitations in Section 1221 of this code, if the signs are in an O, SR, C, CBD, CO or I district.

 

1.   One nameplate attached to the face of the wall and not exceeding four (4) square feet in display surface area.

 

2.   Signs within a building and located more than fifteen (15) inches from any window; signs within a building, located less than fifteen (15) inches from any window and oriented to be primarily visible from inside the building; signs on a window when the display surface area of the sign does not cover more than fifty percent (50%) of the window.

 

3.   Signs, not exceeding three (3) square feet of display surface area, of a warning, directive, or instructional nature, including entrance, exit and restroom signs.

 

4.   A banner attached to the wall of a building and not exceeding thirty-two (32) square feet, so long as the same is maintained in good appearance and condition.

 

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