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Tulsa Board of Adjustment approves multiple sign variances, auto-sales exception and other zoning requests

2264207 · February 11, 2025
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Summary

The Tulsa Board of Adjustment on Tuesday approved a slate of variances and special exceptions affecting commercial signage, vehicle‑sales uses and a mix of residential setbacks and accessory‑structure requests, voting unanimously on most items after brief presentations and limited public comment.

The Tulsa Board of Adjustment on Tuesday approved a slate of variances and special exceptions affecting commercial signage, vehicle-sales uses and a mix of residential setbacks and accessory-structure requests, voting unanimously on most items after brief presentations and limited public comment.

The board granted multiple variances that will allow dynamic (LED) gas‑price displays to exceed the 48-square‑foot limit in several commercial districts for properties represented by Cloud (Claude) Neon / Maverick. The decisions covered six separate Board of Adjustment cases for individual sites (addresses listed below) where applicants sought relief for additional dynamic-display sign area and for more than one such display per lot. Applicant representative Pete Webb told the board the LED elements are limited to changing price digits and a short “nitro” label every eight seconds, not animated video; he said the requested increases respond to lot configuration and visibility needs at highway intersections.

The board also approved a special exception to allow vehicle sales and rentals at 5 S. 100 Ninth E. Place, a request for an expanded set of vehicle‑related uses and variances to parking/screening at a Fontana shopping‑center parcel tied to a proposed Chevrolet dealer expansion, driveway and setback variances for a proposed single‑family house in RS‑2, a reduced rear setback for another RS‑1 lot, a modest height variance for an accessory building in the rear yard on an older lot, and two religious/assembly related approvals for a small neighborhood church site.

Most votes were 4‑0 in favor; in the case of a proposed entertainment/assembly use at 3019 S. Sheridan Road (a proposed hookah lounge and performance venue), the board approved a special exception but imposed a five‑year time limit on the approval so the applicant must return for review after that period.

Why it matters: the sign-related variances reflect continuing tension between older zoning and sign rules and newer, commercial digital display technologies (especially at highway‑facing fuel stations). The board repeatedly cited lot configuration and wayfinding/visibility as the principal hardships supporting relief. The approvals also clear the way for immediate permitting activity (building, signage or site plan) at the named sites, subject to standard permit review and any conditions noted by staff or the board.

What the board approved (key items and context) - Multiple sign variances for dynamic displays (BOA 23819; BOA 23824; BOA 23825; BOA 23826; BOA 23837 was continued): applicants sought and received variances increasing the 48‑square‑foot maximum for dynamic displays to larger totals (examples in the record: requests to 113 sq ft total, 133 sq ft total, and smaller increases such as 53 sq ft at one site). The board emphasized that the dynamic elements are limited to numerical price/digit changes and brief nitro/credit messaging, that the technology is not playing video, and that highway adjacency and lot geometry supported the hardship findings. - Special exception permitting personal vehicle sales and rentals (BOA 23817): the board granted a special exception for a small used‑car lot at 5 S. 100 Ninth E. Place, noting neighborhood letters of support and requiring that display areas meet parking/striping standards at permitting. - Approvals tied to a Chevrolet dealership expansion and related variances (BOA 23821): the board approved a package allowing commercial vehicle sales, repairs, outdoor display rules relief and removal of certain screening requirements for a parcel adjacent to the Fontana Shopping Center reportedly intended for dealership overflow parking and operations. The board found the parcel’s location and historic use pattern supported relief. - Residential variances and special exceptions: approvals included (a) driveway width relief and an arterial setback variance for a custom home in RS‑2 (BOA 23839), (b) a reduced rear setback for a house in RS‑2 (BOA 23840), (c) a reduced rear setback in RS‑1 for a covered porch addition (BOA 23841), and (d) a modest increase in permitted accessory‑building wall/top plate height in a rear setback where the structure pre‑dates current code (BOA 23843). Board discussion emphasized the nonconforming or historic lot conditions that limited alternative design options. - Religious and community uses: the board approved a special exception and a variance reducing the minimum lot area to allow a neighborhood church/public civic use (BOA 23844), finding the scale of the proposed facility and parking plan appropriate for the lot and neighborhood. - Assembly/entertainment use (BOA 23845): the board approved a large assembly/entertainment special exception (hookah lounge and performance venue) at 3019 S. Sheridan Road but attached a condition that the special exception expire in five years (the board cited neighbor concerns about operating hours and shared parking; the applicant said they would work to resolve parking and permit issues with the property owner and fire marshal). - Single‑family in CS (BOA 23846): the board approved a special exception allowing an existing house to be treated as a permitted single‑family use in the CS zoning designation, to clear a mortgage underwriting/insurance issue raised by the buyer’s lender. - Continued items: BOA cases 23837, 23798 and 23830 were continued to the board’s next regular meeting (applicants were not present or additional notices were needed).

Direct quote from an applicant Pete Webb, representing Maverick/Cloud Neon: “All it is is just changing the word ‘credit’ to ‘nitro’ every eight seconds with one digit on the price changing — it’s really unnoticeable, and it’s not what I would consider to be a dynamic display.”

Next steps and permit implications Approved variances and special exceptions allow applicants to pursue building permits, sign permits or site work consistent with the board’s findings and any stated conditions. Staff reminded applicants that parking display areas, striping plans, and fire‑marshal occupancy determinations remain permitting prerequisites. Several items (notably the entertainment assembly approval) will require additional permitting (restroom expansion, occupancy certification) before full operation.

Other public comments and concerns Neighbors and nearby business owners raised concerns about shared parking capacity at the Sheridan‑area shopping center (the site for the approved entertainment/assembly use). Several nearby business owners and an event‑center operator said shared parking is often heavily used on event nights and asked for stricter controls on hours and occupancy; the board responded by conditioning the approval with a five‑year review requirement.

What the record shows and what it does not The board repeatedly framed hardships narrowly — lot shape, visibility/wayfinding demands, and preexisting nonconforming conditions — and declined to rely on speculation about future signage technology. The board did not authorize any new sign dwell‑time or animation that would replicate video; its approvals were specific to the dynamic digit displays and overall square footage relief specified in each case.

Ending note The package of approvals signals the board’s continued willingness to grant narrowly tailored relief where lot geometry or traffic/visibility needs create practical difficulties. Several approvals now move to the permit review stage, where staff and other agencies (fire marshal, permit center) will review plans for compliance and occupancy before any new signs or business operations go live.