Title 42 Tulsa Revised Ordinances is known and may be cited as the "Tulsa Zoning Code." For convenience, it may be referred to as the "zoning code."

This zoning code is adopted pursuant to the powers granted in the Tulsa City Charter (Article I, Section 3).

The provisions of this zoning code become effective on January 1, 2016, except as otherwise expressly stated.

The provisions of this zoning code apply to all public and private use and development of properties within the corporate limits of the City of Tulsa, except as provided by state or federal law or as otherwise expressly stated in this zoning code.

This zoning code is adopted for the purposes of:

A.

Protecting and promoting the public health, safety and general welfare; and

B.

Implementing the policies and goals of the comprehensive plan and other relevant, officially adopted plans of the city.

A.

The provisions of this zoning code are the minimum requirements deemed necessary to carry out the zoning code's stated purposes.

B.

In addition to the requirements of this zoning code, all uses, buildings and structures must comply with all other applicable ordinances, laws and regulations.

C.

All references in the zoning code to other governmental regulations are for informational purposes only and do not constitute a complete list of such regulations. These references do not imply any responsibility for the city to enforce regulations imposed by other government authorities.

A.

Land may not be used for any purpose other than one that is allowed by the provisions of this zoning code.

B.

A building or structure may not be erected, located, moved, reconstructed, extended or structurally altered except as allowed by this zoning code.

C.

Buildings, structures and land may be used and occupied only in compliance with the provisions of this zoning code.

D.

All lots created or modified must comply with all applicable provisions of this zoning code.

A.

Conflict with State or Federal Regulations. If the provisions of this zoning code are inconsistent with state or federal law, the more restrictive provision governs, to the extent allowed by law. The more restrictive provision is the one that imposes more stringent controls.

B.

Conflict with other City regulations. If the provisions of this zoning code are inconsistent with one another or if they conflict with provisions found in other adopted ordinances or regulations of the City, the more restrictive provision governs unless otherwise expressly stated. The more restrictive provision is the one that imposes more stringent controls.

C.

Conflict with private agreements and covenants. This zoning code does not interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this zoning code impose a greater restriction than imposed by an agreement or covenant among private parties, the provisions of this zoning code govern. The city is not responsible for monitoring or enforcing agreements or covenants among private parties.

A.

Meanings and intent. Words and terms expressly defined in this zoning code including those defined in Chapter 95 have the specific meanings assigned unless the context indicates another meaning. Words that are not expressly defined in this zoning code have the meaning given in the latest edition of Merriam-Webster's Unabridged Dictionary.

B.

Computation of time.

1.

References to "days" are to calendar days unless otherwise expressly stated. References to "business days" are references to regular city government working days, excluding Saturdays, Sundays and holidays observed by city government.

2.

The time in which an act is to be completed is computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday or holiday observed by city government, that day is excluded.

3.

A day concludes at the close of business and any materials received after that time will be considered to have been received the following day.

C.

Tenses and usage.

1.

Words used in the singular include the plural. The reverse is also true.

2.

Words used in the present tense include the future tense. The reverse is also true.

3.

The words "must," "will," "shall" and "may not" are mandatory.

4.

The word "may" is permissive, not mandatory or required.

5.

When used with numbers, "up to x," "not more than x" and "a maximum of x" all include "x."

6.

The word "person" includes a firm, association, organization, partnership, limited liability company, trust, or corporation, as well as an individual.

7.

The words "used" and "occupied" include "intended, designed or arranged to be used or occupied."

D.

Conjunctions. Unless the context otherwise expressly indicates, conjunctions have the following meanings:

1.

"And" indicates that all connected items or provisions apply; and

2.

"Or" indicates that the connected items or provisions may apply singularly or in combination.

E.

Headings and Illustrations. Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this zoning code. In case of any difference of meaning or implication between the text of this zoning code and any heading, drawing, table, figure or illustration, the text governs.

F.

Versions and citations All references in this zoning code to other city, state or federal regulations are to be construed as referring to the most up-to-date version and citation for those regulations, unless otherwise expressly indicated. When the referenced regulations have been repealed and not replaced by other regulations, zoning code requirements for compliance are no longer in effect.

G.

Lists and examples. Unless otherwise expressly indicated, lists of items or examples that use "including," "such as," or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.

H.

Delegation of authority. Whenever a provision appears requiring the head of a department or another officer or employee of the city to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority. Delegation of authority is not allowed when the provisions of this zoning code expressly prohibit such delegation.

I.

Public officials and agencies

1.

Unless otherwise expressly stated, all employees, public officials, bodies and agencies to which references are made are those of the City of Tulsa or individuals or agencies legally authorized to act on behalf of the City of Tulsa.

2.

References in this zoning code to the "city" are references to the City of Tulsa.

3.

References in this zoning code to the "city council" are references to the Tulsa City Council.

4.

References in this zoning code to the "planning director" are references to the director of the Tulsa Planning Office.

5.

References in this zoning code to the "planning commission" are references to the Tulsa Metropolitan Area Planning Commission.

6.

References in this zoning code to the "board of adjustment" are references to the City of Tulsa Board of Adjustment.

7.

References in this zoning code to the "preservation officer" are references to the City of Tulsa Preservation Commission.

8.

References in this zoning code to the "preservation officer" are references to the planning director or the staff member to whom the planning director assigns responsibility for performing the preservation officer's duties under this zoning code.

9.

References in this zoning code to the "development administrator" are references to the Director of the City of Tulsa Development Services Department. In the performance of his or her duties, the development administrator may consult with the land use administrator.

10.

References in this zoning code to the "land use administrator" are references to the Director of the Tulsa Planning Office. In the performance of his or her duties, the land use administrator may consult with the development administrator.

(Ord. No. 25055, §§ 1, 2, 5-24-2023)

A.

Establishment. The location and boundaries of the zoning districts defined in this zoning code must be established by ordinance and shown on a geographic coverage layer that is maintained as part of a geographic information system (GIS) under the direction of the land use administrator. This "Zoning" geographic coverage layer constitutes Tulsa's official zoning map.

B.

Maintenance and updates. The land use administrator is responsible for directing revisions to the official zoning map to reflect its amendment as soon as possible after the effective date of zoning map amendments (rezonings).

C.

District boundaries. Zoning district boundary lines must be described by legal description or by a map that accompanies the ordinance establishing the district or amending the district boundaries. When a legal description is used, the zoning district boundary is deemed to extend to the centerline of abutting streets. When a map is used, district boundary lines must be established by dimensions, property lines, recorded lot lines, or the centerline of abutting streets, alleys, or railroad rights-of-way, as those features were of record at the time of adoption.

D.

Map interpretations. Where any uncertainty exists about a zoning boundary that was established by legal description, the legal description accompanying the amending ordinance governs. In other cases, the land use administrator is authorized to make an interpretation in accordance with the procedures of Section 70.090. The following rules apply to all map interpretations:

1.

A boundary shown on the zoning map as approximately following the shoreline or centerline of a river, stream, lake or other watercourse will be construed as following the actual shoreline or centerline of the watercourse. If, subsequent to the establishment of the boundary, the shoreline or centerline of the watercourse should move as a result of natural processes (flooding, erosion, sedimentation, etc.), the boundary will be construed as moving with the shoreline or centerline of the watercourse.

2.

A boundary shown on the zoning map as approximately following a ridge line or topographic contour line will be construed as following the actual ridge line or contour line. If, subsequent to the establishment of the boundary, the ridge line or contour line should move as a result of natural processes (erosion, slippage, subsidence, etc.), the boundary will be construed as moving with the ridge line or contour line.

3.

A boundary shown on the zoning map as approximately following lot lines or other lot boundaries will be construed as following such lot lines or lot boundaries.

4.

A boundary shown on the zoning map as approximately following a street or railroad right-of-way line will be construed as following the centerline of the street or railroad right-of-way.

5.

A boundary shown on the zoning map as approximately following the boundary of an adjacent municipality will be construed as following that boundary.

6.

A boundary shown on the zoning map as approximately parallel to, or as an apparent extension of, a feature described above will be construed as being actually parallel to, or an extension of, the feature.

E.

Zoning of annexed land. When land is annexed or otherwise brought into the zoning jurisdiction of the city, it may be classified in the AG district or assigned another zoning classification based on the comprehensive plan, existing land uses, any applicable annexation agreement and other relevant considerations.

The provisions of this section address the transition to this zoning code from the zoning code in effect immediately preceding the effective date specified in Section 1.030:

A.

Applications, permits and approvals.

1.

Any building, development or structure for which a building permit was issued or a complete building permit application had been accepted for processing before the effective date specified in Section 1.030 may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not comply with provisions of this zoning code. If the building, development or structure is not commenced and completed within the time allowed under the original building permit and any authorized permit extension, the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this zoning code.

2.

Complete applications for PUDs, development plans, special exceptions, variances or other zoning-related approvals that are pending approval on the effective date specified in Section 1.030 must be reviewed wholly under the terms of the zoning code in effect immediately preceding the effective date specified in Section 1.030. Building permits for construction and development approved under such zoning approvals may be issued in accordance with Subsection 1.110A.3.

3.

The development administrator is authorized to issue building permits for construction or development approved before the effective date specified in Section 1.030 and for developments pending approval under Subsection 1.110A.2., even if such building, development or structure does not fully comply with provisions of this zoning code. If building is not commenced and completed within the time allowed under the building permit and any authorized permit extension, then the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this zoning code.

4.

When a use classified as a special exception under this zoning code exists as an approved special exception or permitted use on the effective date specified in Section 1.030, that use will be considered a lawfully established special exception under this zoning code. When any amendment to this zoning code changes the classification of a permitted use to a special exception, any use lawfully established before such amendment will be considered a lawfully established special exception after the effective date of the amendment. A lawfully established existing use that is not allowed as a special exception or permitted use in the district in which the use is now located will be considered a nonconforming use and will be subject to all applicable regulations of Chapter 80.

B.

Zoning District Name Conversions.

1.

General. The zoning district names in effect before the effective date specified in Section 1.030 are converted in this zoning code as follows:

Table 1-1: Zoning District Name Conversions

2.

Form-Based Code of Title 42-B.

a.

The form-based code district in effect before the effective date specified in Section 1.030 is hereby converted to the MPD-FBC district. The MPD-FBC district is governed by the regulations of the following chapters of Title 42-B Tulsa Revised Ordinances in effect immediately prior to the effective date referred to in Section 1.030, which are adopted to serve as the development standards for development within the MPD-FBC district:

(1)

Chapter 3, Regulating Plans, section 301;

(2)

Chapter 4, Building Form Standards;

(3)

Chapter 5, Urban Space Standards;

(4)

Chapter 6, Parking Standards; and

(5)

Chapter 7, Definitions.

b.

Properties zoned FBC immediately prior to the effective date specified in Section 1.030 are designated MPD-FBC-1. Chapter 3, Regulating Plans of Title 42-B, Section 302 serves as the development plan for MPD-FBC-1.

c.

"Adult entertainment establishments," as referred to in Title 42-B means bars and other use types that cater exclusively or primarily to adults 21 years of age or older. References in Title 42-B to Section 705 of Title 42 mean Section 40.370 of this zoning code. References in Title 42-B to Section 1204.C of Title 42 mean Section 40.420 of this zoning code.

d.

The provisions of Title 42-B in effect immediately prior to the effective date referred to in Section 1.030 must be maintained and be available for public review in the office of the land use administrator.

C.

Violations. The adoption of this zoning code does not affect any pending or future prosecution of, or action to abate, violations of the previous zoning code that occurred before the effective date specified in Section 1.030.

If any portion of this zoning code is held to be invalid or unconstitutional by a court of competent jurisdiction, that portion is to be deemed severed from the zoning code and in no way affects or diminishes the validity of the remainder of the zoning code.