This Ordinance shall be known as the City of Midwest City Zoning Ordinance and may be cited as such. References to "this Ordinance" shall also be interpreted as references to this Zoning Ordinance.

(Ord. No. 3131, § 2, 10-26-10)

This Ordinance is enacted in pursuance to the authority granted by the State of Oklahoma in 11 O.S. § 43-101, et seq.

(Ord. No. 3131, § 2, 10-26-10)

The regulations contained herein are necessary:

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To encourage the most appropriate uses of land;

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To maintain and stabilize the value of property;

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To reduce fire hazards and improve public safety and safeguard the public health;

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To decrease traffic congestion and its accompanying hazards;

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To prevent undue concentration of population; and

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To create a comprehensive and stable pattern of land uses upon which to plan for transportation, water supply, sewerage, schools, parks, public utilities, and other facilities.

In interpreting and applying the provisions of this Ordinance, provisions shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare.

(Ord. No. 3131, § 2, 10-26-10)

This Ordinance classifies and regulates the use of land, buildings, and structures within the city limits of the City of Midwest City, State of Oklahoma, as hereinafter set forth.

(Ord. No. 3131, § 2, 10-26-10)

1.1.1. Effect on Existing Zoning Regulations. Appendix A, Zoning Regulations and all amendments thereto found in the Code of Midwest City are hereby repealed.

1.5.1. Uniform Application. The interpretation and application of this Ordinance shall apply to all areas within the corporate limits of Midwest City. The use of all land and any buildings or structures located upon the land; and the construction, reconstruction, alteration, expansion, or relocation of any buildings or structures upon the land shall conform to all regulations applicable to the zone in which the land is located, except as otherwise provided in this Ordinance.

1.5.2. Validity of other Law. Where this Ordinance imposes greater restrictions than are imposed by other ordinances, laws or regulations, the provisions of this Ordinance shall govern. However, nothing in this Ordinance shall be construed to prevent the enforcement of other ordinances, laws, or regulations, which prescribe more restrictive limitations; further, this Ordinance shall not be construed to prevent the enforcement of plat restrictions, deed restrictions, and declarations of covenants and restrictions by private parties which may be more restrictive than the provisions of this Ordinance.

1.5.3. Severability. In the event any portion of this Ordinance shall be ruled invalid or unconstitutional, as declared by a court of competent jurisdiction, the remainder of the ordinance shall not thereby be invalidated and shall remain in full force and in effect.

1.5.4. Annexation.

(A)

Initial zoning classification for all annexations. Any territory brought into the zoning jurisdiction of the city, by annexation or otherwise, shall be deemed to be in the R-35, Single-Family Detached Residential District (Page 10 of Ordinance 3131) unless otherwise classified by the City Council in the ordinance of annexation.

The initial zoning shall be for a period not to exceed one year from the effective date of the annexation ordinance.

(B)

Action within one year. Within this one-year period of time, the City Council shall instruct the Planning Commission to study and make recommendations concerning the use of land within said annexation to promote the general welfare and be in accordance with the comprehensive plan.

Upon receipt of such recommendations, the City Council shall, after public hearings as required by law, establish the district classification of said annexation; provided, however, that this shall not be construed as preventing the City Council from holding public hearings prior to annexation and establishing the district classification at the time of said annexation.

1.5.5. Effect on Public Lands. All property owned, leased, or operated by the City of Midwest City, or any other public or governmental body or agency within the zoning jurisdiction, shall be subject to the terms of this Ordinance.

(Ord. No. 3131, § 2, 10-26-10)

The City is hereby divided into zones, or districts, and the boundaries of zoning districts set out herein are delineated upon the Zoning District Map of the City, which may also be cited as the Zoning Map.

1.6.1. Zoning Districts as set forth are Hereby Established. The location and boundaries of the various districts as defined herein shall be established by ordinance and shall be shown and delineated on the official Zoning District Map of the City of Midwest City. The Community Development Director shall maintain the official Zoning District Map. The map may be divided into parts or sections. Said parts may be separately maintained for identification purposes when adopting or amending the official Zoning District Map.

(A)

Zones from the Airport Zoning Ordinance, Appendix B. The clear zone and accident potential zones (APZs) established within the Airport Zoning Ordinance, Appendix B shall be shown on the Zoning District Map.

1.6.2. Effect of Zoning District Change. The reclassification of property to a new zoning district shall be an amendment of the official Zoning District Map and shall be so recorded.

1.6.3. Delineation of Zoning District Boundaries.

(A)

Zoning district boundary lines. Zoning district boundary lines shall be established by government or rectangular survey, metes and bounds description, or the legal description of a lot contained in a plat of record.

(B)

Where a property abuts a public or private street. Where a property abuts a public or private street, the district boundary shall be considered to extend to the center line of said right-of-way, whether or not the legal description of the adopted ordinance of rezoning includes said street.

(C)

Calculation from the right-of-way line. For purposes of applying the development regulations of an individual zoning district, all such requirements shall be calculated from the appropriate right-of-way line delineating a street.

1.6.4. Interpretation of District Boundaries. When uncertainty exists as to the boundaries of the districts on the official Zoning District Map, the following rules apply:

(A)

Center lines. Boundaries indicated as approximately following the center lines of streets or highways, shall be construed to follow such center lines.

(B)

Platted lot lines. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(C)

City limit lines. Boundaries indicated as approximately following city limits shall be construed as following such city limits.

(D)

Railroad lines. Boundaries indicated as following railroad lines shall be construed to be the middle of the railroad easement or right-of-way.

(E)

Shore lines. Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore lines, shall be construed as moving with the actual shoreline, or as otherwise set forth by State law. Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines.

(F)

Parallel or extension boundaries. Boundaries indicated as parallel to or extension of features indicated in subsections 1.6.4.(A) Center lines through 1.6.4.(E) Shore lines, shall be so construed. Distances not specifically indicated on the official Zoning District Map shall be determined by the scale of the map.

(G)

Board of Adjustment interpretation. Where physical features existing on the ground are at variance with those shown on the official Zoning District Map, or in other circumstances not covered by subsections 1.6.4.(A) Center lines through 1.6.4.(E) Shore lines, the Board of Adjustment shall interpret the district boundaries and require its inclusion on the official Zoning District Map.

(H)

Extension of regulations for split lots. Where a district boundary line divides a lot which was in single ownership at the time of passage of this Ordinance, the Board of Adjustment upon application and public hearing, may permit as a variance the extension of the regulations for either portion of the lot, not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot.

1.6.5. Accretion by Vacation of Public Easements. Whenever any street or other public easement is vacated, the vacated street or public easement shall be classified as the same zoning district in which the street or public easement accrues.

(Ord. No. 3131, § 2, 10-26-10)