Tulsa, Okla. Zoning Code §20.060 (current through Dec. 9, 2018)
Brief Summary
This law establishes requirements for the City's Healthy Neighborhoods Overlay District. The law requires, e.g., that small box discount stores within the district must be at least 5,280 feet away from each other, with exceptions for prescription pharmacies and businesses selling gasoline or diesel; businesses with at least 500 square feet dedicated to fresh meat, fruit and vegetables; and grocery stores. It also establishes parking requirements for grocery stores within the district and indicates the governing regulations for community gardens within the district.
Legal Strategies
Prohibits/discourages something.
Requires something, sets standards.
Limited scope. This law only applies to the Healthy Neighborhood Overlay (HNO) District, which is a particular site (rather than a generally applicable zoning district designation). §§ 20.010, 20.060.
Food System Category: Distribute, Get
State: Oklahoma
Jurisdiction Type: City
Jurisdiction Name: Tulsa
Does the law refer to priority populations in some way?
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. The section is entitled "Healthy Neighborhoods Overlay." See also references to fresh fruits and vegetables. § 20.060.
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. See language regarding intent to "encourage a greater diversity of retail activity and purchasing options within the area," and "promote investment and development in a community where change is desired." §20.060 (1)(c), (e).
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
Unclear. Although not labeled "findings," the general purpose and intent statement for the chapter indicates that "overlay zoning districts work to modify or supplement the regulations imposed by base zoning district when necessary to address special situations or accomplish specific city goals." § 20.010-A.
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Yes. The purpose of the healthy neighborhoods overlay (HNO) is to modify... regulations in a specified area where there is a desire for greater diversity in retail options and convenient access to fresh meats, fruits and vegetables." § 20.060(1).
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. Ch. 95.
Does the law address implementation in some way?
Yes. Although specific implementation details for the section are not provided, the law does specify that nonconformities are governed by Chapter 80. §20-060-F. Also, the Board of Adjustment has the powers and duties that are expressly identified in this zoning code, including hearing and acting on applications for variances, special exceptions." §75.010-J. Additional administrative details pertaining to the Board of Adjustment, including e.g., rules of procedure are set forth in section 75.010. § 75-010.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. "The city has all remedies and enforcement powers allowed by law, including" fines ("any person violating any provisions of this zoning code or failing to comply with any of its requirements may be deemed guilty of a misdemeanor punishable by a fine of not more than $1,200.00 or by imprisonment"); withholding of permits; revocation of permits; stoppage of work; injunctive relief; forfeiture and confiscation of signs on public property; abatement; and such other penalties and remedies as are provided by law. §85.040-I.
Does the law include an evaluation component, beyond reporting on activity?
Does the law require an extra or atypical financial or resource investment?
Code context and ordinance history
This section is located in Title 42 Tulsa Revised Ordinances Zoning and Property Restrictions, Chapter 20 Overlay Districts. History: not indicated.