A.

Legacy district status.

1.

Land classified in a PUD overlay zoning district on the effective date specified in Section 1.030 will continue to be classified in the PUD overlay district.

2.

No applications to establish new PUD zoning districts or to expand the boundaries of existing PUD zoning districts may be accepted for processing after the effective date specified in Section 1.030, except that PUD rezoning applications that were in process on the effective date specified in Section 1.030 may continue to be processed and may be approved (see the transitional provisions of Section 1.110). Amendments to existing PUDs may be processed in accordance with the PUD amendment procedures of Subsection 30.010I.

3.

The PUD zoning district regulations of this section and all applicable conditions of approval of an approved PUD govern the use and development of PUD-zoned areas unless and until the subject PUD is abandoned.

B.

General.

1.

Except as may be expressly approved as part of a PUD overlay district, the regulations of the underlying base zoning district effective at the time any new permit application is submitted shall apply within a planned unit development.

2.

The City Council in approving a major amendment to a PUD and the planning commission in approving a minor amendment, may impose restrictions as conditions of approval in addition to those imposed by the underlying base zoning and the PUD regulations.

3.

No building permit may be issued, and no building or development may occur in a PUD zoning district until a zoning clearance permit has been issued in accordance with Section 70.080.

C.

Purposes. The purposes of the PUD overlay district are to:

1.

Permit and encourage innovative land development while maintaining appropriate limitation on the character and intensity of use and assuring compatibility with adjoining and proximate properties;

2.

Permit greater flexibility within the development to best utilize the unique physical features of the particular site;

3.

Permit creative land use design;

4.

Provide and preserve meaningful open space; and

5.

Achieve a continuity of function and design within the development.

D.

Allowed uses.

1.

Principal uses. The development may consist of one or more of the uses permitted as of right or by special exception within the underlying base zoning districts, provided:

a.

That if any part of the PUD is located within a residential district, the permitted building types may include:

(1)

Detached house;

(2)

Townhouse;

(3)

Duplex; and

(4)

Apartment/condo;

b.

That manufactured housing units are a permitted use only within PUDs that are located in whole or in part in an RMH district;

c.

That the permitted uses, whether principal or accessory uses, may be reallocated within the development irrespective of the base zoning district boundaries; and

2.

Accessory uses.

a.

General. Accessory uses customarily incidental to principal uses allowed within the PUD are permitted.

b.

Accessory commercial. In addition to accessory uses customarily incidental to a permitted principal residential use, residential support services are allowed as an accessory use to a principal group living use and in apartment/condo buildings in accordance with Section 45.160. Office support services are allowed as an accessory use to a principal office use in accordance with Section 45.120.

3.

Signs. Except for regulations governing dynamic displays, which must comply with all applicable provisions of Chapter 60, signs in a PUD, including outdoor advertising signs, must comply with all provisions of the PUD or if not provided for within the PUD, with all applicable provisions of the zoning code in effect at the time any new sign permit application is submitted.

E.

Bulk and area regulations.

1.

Intensity of use. Intensity may be reallocated irrespective of the base zoning district boundaries.

a.

Residential intensity.

(1)

The residential intensity may not exceed a maximum number of dwelling units calculated as follows:

Maximum Number of Dwelling Units Allowed = Gross area of property located within a residential district divided by (/) minimum land area per dwelling unit permitted in the underlying zoning district.

(2)

The minimum land area per dwelling unit, for the purpose of the above described residential intensity calculation, must be based on the least restrictive minimum land area per dwelling unit permitted in the underlying zoning district. Each six hundred (600) square feet of a quasi-dwelling, such as a care home, constitutes a dwelling unit. If the PUD is located in two (2) or more residential districts, the permitted density is the sum of the permitted dwelling units computed separately for the gross area within each district. For a PUD located entirely within a residential district, the gross area for the purposes of the above-described residential intensity calculation must be reduced by the area or areas designated for any principal use other than dwellings, quasi dwellings, residential open space and recreation areas.

(3)

For the purpose of residential intensity calculations, "gross area" means the lot area plus fifty (50) percent of the right-of-way width of any abutting street to which the lot has access.

b.

Nonresidential intensity.

(1)

Nonresidential intensity may not exceed a maximum permitted floor area calculated as follows:

Maximum Permitted Floor Area = Gross area of property located within a nonresidential district multiplied (X) by the maximum floor area ratio permitted by right or by special exception within the underlying zoning district, except where a floor area ratio is not specified, a maximum floor area ratio of 0.75 applies.

(2)

The intensity of use of a PUD located within two (2) or more zoning districts of the following differing classifications must be separately calculated and allocated within the PUD by the respective classification:

(a)

Residential;

(b)

Office;

(c)

Commercial; and

(d)

Industrial.

(3)

For the purpose of nonresidential intensity calculations, gross area means the lot area plus fifty (50) percent of the right-of-way width of any abutting street to which the lot has access.

2.

Lot width, frontage and area. Minimum requirements for lot width, frontage and area must be prescribed.

3.

Open space. Open space for a residential development area must be provided in an aggregate amount of not less than the amount of open space required by the underlying base zoning district for conventional development of a comparable number of dwelling units. Required open space must be provided on the lot containing the dwelling unit or units on which computed, or in common areas. Common open space must be designed and located so as to be accessible to the dwelling units it is intended to serve. Provisions for the ownership and maintenance of common open space as will ensure its continuity, conservation and maintenance must be incorporated in the subdivision plat or in covenants recorded in the county clerk's office.

4.

Building height and setbacks. The building height limitations and building setback requirements must be prescribed and incorporated within the subdivision plat or in a separately recorded legal instrument. Every structure must be set back from the centerline of an abutting public street designated on the major street and highway plan a horizontal distance of not less than fifty (50) percent of the right-of-way width designated on the major street and highway plan.

5.

Landscaped Area. Minimum landscaped open space is required for each type of nonresidential development area as follows:

a.

Office use: Fifteen (15) percent of lot area.

b.

Commercial use: Ten (10) percent of lot area.

c.

Industrial use: Five (5) percent of lot area.

F.

Perimeter requirements. Perimeter requirements for screening, landscaping, and setbacks, as are necessary to ensure compatibility with adjoining and proximate properties, must be prescribed and be incorporated within the subdivision plat or in a separately recorded legal instrument.

G.

Off-street parking and loading. No modification of applicable off-street parking and loading requirements is permitted unless a subdivision plat incorporating the provisions and requirements is submitted to and approved by the planning commission and the city council recorded in the county clerk's office or restrictive covenants are established in a separately recorded legal instrument, except that Subsection 55.070B. and Subsection 55.080C. do not apply. Required spaces may be provided on the lot containing the uses for which it is intended to serve or in common areas. Common parking areas must be designed and located so as to be accessible to the uses it is intended to serve. Provisions for the ownership and maintenance of common parking space must be incorporated in the subdivision plat or in a separately recorded legal instrument.

H.

Administration and procedures. No applications to establish new PUD zoning districts or to expand the boundaries of existing PUD zoning districts may be accepted for processing after the effective date specified in Section 1.030, except that PUD rezoning applications that were in process on the effective date specified in Section 1.030 may continue to be processed and may be approved in accordance with the PUD procedures in effect immediately prior to the effective date specified in Section 1.030. Amendments to existing PUDs may processed in accordance with the PUD amendment procedures of Subsection 30.010I.

I.

Amendments to approved plans.

1.

Major amendments. Any change or amendment that represents a significant departure from an approved PUD development plan requires review and approval of a PUD zoning district map amendment and development plan, including all requirements for fees, notices and hearings.

2.

Minor amendments.

a.

The planning commission is authorized to approve minor changes and amendments to an approved PUD development plan as long as a substantial compliance is maintained with the approved PUD development plan.

b.

In instances where the City Council has expressly imposed a PUD condition more restrictive than originally recommended by the planning commission, any minor amendment of that specific condition must be approved by the City Council.

c.

The following may be processed as minor amendments:

(1)

Adjustment of internal development area boundaries, provided the allocation of land to particular uses and the relationship of uses within the project are not substantially altered;

(2)

Limitation or elimination of previously approved uses, provided the character of the development is not substantially altered;

(3)

Increases in the number dwelling units, provided the approved number of dwelling units is permitted by the underlying zoning and the density of a development area is not increased more than fifteen (15) percent;

(4)

Increases in permitted nonresidential floor area, provided the increased floor area is permitted by the underlying zoning and the floor area of a development area is not increased more than fifteen (15) percent;

(5)

Modification of the internal circulation system, provided the system is not substantially altered in design, configuration or location;

(6)

Changes in points of access, provided the traffic design and capacity are not substantially altered;

(7)

Addition of customary accessory buildings and uses within the delineated common open space of a residential PUD, including swimming pools, cabanas, security buildings, clubhouses and tennis courts;

(8)

Location of customary residential accessory buildings and uses on an adjoining single-family residential lot within the PUD, including swimming pools, cabanas, garages, and tennis courts, provided an agreement has been recorded by the owner prohibiting the conveyance of the lot containing the accessory use separate from the conveyance of the lot containing the principal use;

(9)

Changes in structure heights, building setbacks, yards, driveway coverage measured by width, square footage or percentage of the yard, open spaces, building coverage and lot widths or frontages, provided the approved PUD development plan, the approved PUD standards and the character of the development are not substantially altered;

(10)

Lot splits that have been reviewed and approved in accordance with, the subdivision and development regulations;

(11)

Home occupations that comply with the regulations of Section 45.100;

(12)

Modifications to approved signage, provided the size, location, number and character (type) of signs is not substantially altered;

(13)

Modification to approved screening and landscaping plans, provided the modification is not a substantial deviation from the original approved plan;

(14)

Changes reducing the number of permitted dwelling units; and

(15)

Changes in an approved use to another use may be permitted, provided the underlying zoning on the particular site within the PUD would otherwise permit such use as of right and the proposed use will not result in any increase of incompatibility with the present and future use of nearby properties.

d.

Notice of the planning commission's required public hearing on a minor PUD amendment request must be provided as follows:

(1)

Notice must be mailed to all owners of property within three hundred (300) feet of the subject property at least ten (10) days before the scheduled public hearing.

(2)

The provisions of Subsection 70.010F. apply to the required mailed notices.

e.

If the planning commission determines that the proposed amendment, if approved, will result in a significant departure from the approved PUD development plan or otherwise change the character of the PUD significantly or that the cumulative effect of a number of minor amendments substantially alters the approved PUD development plan, then the amendment must be deemed a major amendment to the PUD development plan.

3.

Appeal of minor amendment. An appeal from any minor PUD amendment decision by the planning commission may be taken by any person aggrieved, or any taxpayer or any officer, department, board or bureau of the City. Appeals are made to the City Council by filing notice of appeal with the City Clerk and with the recording secretary of the planning commission within ten (10) days of the date of the decision being appealed. The appeal must specify the grounds of the appeal. No bond or deposit for costs are required for an appeal. Upon filing of the notice of appeal, the planning commission must transmit to the City Council, the original or certified copies of all the papers constituting the record in the case, together with the decision of the planning commission. The City Council must notify the applicant and all interested parties, as recorded in the minutes of planning commission, of the appeal hearing location, date and time.

J.

Restrictive covenants. No building permit may be issued, and no building or development may occur in a PUD zoning district until covenants necessary to reasonably ensure continued compliance with the approved development plan are recorded in the County Clerk's office. Such covenants may be established in a subdivision plat or in a separately recorded legal instrument. In order that the public interest may be protected, the City of Tulsa must be made beneficiary of the covenants pertaining to such matters as location of uses, height of structures, building setbacks, screening, and access. Such covenants must provide that the City of Tulsa may enforce compliance of the covenants, and further provide that amendment of the covenants requires planning commission approval and the filing of record of a written amendment to covenants, endorsed by the planning commission.

K.

Issuance of building permits. Building permits may be issued only after a zoning clearance permit has been issued in accordance with Section 70.080 and covenants have been recorded in accordance with Subsection 30.010J. Any permits issued must be in accordance with the approved PUD development plan.

L.

Abandonment of approved PUDs. Abandonment of an approved PUD requires review and recommendation by the planning commission and approval by the City Council. The City Council is authorized to amend the underlying zoning upon abandonment of the PUD. Upon final action by the City Council authorizing abandonment of the PUD, no building permit may be issued except in accordance with the restrictions and limitations of the base zoning district.

A.

General. CDP was the predecessor of PUD zoning. Before adoption of the City's 1970 zoning code, which created the PUD district, the Board of Adjustment had authority to approve site-specific CDPs.

B.

Expiration and lapse of approval. Pursuant to Section 204 of the 1970 zoning code, all CDPs approved by the Board of Adjustment before 1970 effectively expired on June 30, 1975 except those extended by the Board of Adjustment or for which building permits had been issued or construction had commenced in accordance with the terms and conditions approved by the board of adjustment. The following CDPs have expired pursuant to this provision and are now governed by the zoning district regulations that apply to the subject property: CDP01, CDP02, CDP03, CDP04, CDP05, CDP06, CDP07, CDP08, CDP09, CDP10, CDP11, CDP12, CDP13, CDP14, CDP15, CDP16, CDP17, CDP18, CDP19, CDP23, CDP24, CDP25, CDP26, CDP27, CDP28, CDP30, CDP31, CDP32, CDP34, CDP35, CDP36, CDP37, CDP38, CDP39, CDP40, CDP41, CDP42, CDP43, CDP44, CDP45, CDP46, CDP47, CDP48, CDP49, CDP50, CDP51, CDP52, CDP55, CDP56, CDP57, CDP58, CDP59, CDP60, CDP61, CDP62, CDP64, CDP65, CDP66, CDP67, CDP68, CDP69, CDP70, CDP71, CDP72, CDP73, CDP74, CDP75, CDP76, CDP77, CDP78, CDP79, CDP81, CDP82, CDP83, CDP84, CDP85, CDP86, and CDP87.

C.

Active CDPs. The following CDPs remain active and are governed by the terms of the CDP approval granted by the Board of Adjustment: CDP20, CDP21, CDP22, CDP29, CDP33, CDP53, CDP54, CDP63, and CDP80. Proposed changes and amendments to active CDPs require a public hearing and approval by the Board of Adjustment.