6.1.1. Authority for Amendments to this Zoning Ordinance. The City Council may from time to time amend, supplement or change by ordinance the text of this Zoning Ordinance on its own initiative or upon petition for a text amendment.

6.1.2. Final Authority for Deciding Applications and Appeals. The City Council shall make the final decision on the following applications and appeals.

(Ord. No. 3131, § 2, 10-26-10)

6.2.1. Creation of Planning Commission. There is hereby created a Planning Commission of the City of Midwest City.

6.2.2. Membership.

(A)

Number of members and residency. The Planning Commission shall be composed of seven (7) members, all of whom shall be residents of Midwest City.

(B)

Nomination and conformation. Members shall be nominated by the mayor and confirmed by the City Council.

(C)

Ward representation. At least one member shall be appointed for each ward.

(D)

Merit and service. The members of the Planning Commission shall be nominated and appointed solely with reference to their fitness and without reference to party affiliation, and shall serve without compensation as hereinafter provided.

6.2.3. Term of Members.

(A)

Term. Each appointed member shall hold office for a period of three (3) years or until their successor takes office.

(B)

Removal of a member. Members may be removed by the City Council only for inefficiency, neglect of duty, or malfeasance in office.

(C)

Absences. Absences from meetings by commission members shall be governed by Section 2-28 of the Municipal Code.

(D)

Vacancies. Vacancies occurring otherwise than through the expiration of terms shall be filled only for the unexpired term by the mayor with confirmation by the City Council.

6.2.4. Officers of Commission.

(A)

Chairperson election. The Planning Commission shall elect a chairperson and create and fill other offices as it deems necessary.

(B)

Chairperson term. The term of chairperson shall be for one (1) year.

6.2.5. Organization and Rules.

(A)

Regular meeting. The commission shall hold at least one regular meeting each month, unless no business is scheduled.

(B)

Adoption of rules and records. It shall adopt rules for transaction of business and shall keep a public record of its resolutions, transactions, findings and determinations.

6.2.6. Quorum.

(A)

Quorum number. Four (4) members of the Planning Commission shall constitute a quorum for the transaction of business.

(B)

Recommendation from the Quorum. The Planning Commission must make a recommendation on any issue they are asked to review before it can be sent to the City Council. For a recommendation to be made to the City Council it must be agreed upon by a majority of the Planning Commission present at the meeting. With tie votes, statements of recommendation for each side may be forwarded to the City Council.

6.2.7. Staff and Financing.

(A)

Recommendation of employees. The Planning Commission may recommend such employees as it deems necessary for its work. Their appointment, promotion, demotion, and removal shall be the responsibility of the city manager.

(B)

Recommendation of support services. The commission may also recommend to the City Council the employment of city planners, engineers, architects, and consultants for such other services as it may require.

(C)

Financing. The City Council shall provide funds for the salaries of employees and the expenses of the commission in the same manner as for other functions of the city government.

6.2.8. General Advisory Duties of Commission.

(A)

Recommend programs. The commission shall, from time to time, recommend to the appropriate public officials, programs for public structures and improvements and for the financing thereof.

(B)

Consult with and advise public officials and agencies. It shall be part of its duties to consult with and advise public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens with relation to protecting or carrying out of the plan. All public officials shall, upon request, furnish the commission within a reasonable time such available information as it may require for its work.

6.2.9. Role of Review and Recommendation to the City Council. The Planning Commission shall be responsible for reviewing and making recommendations on the following applications to the City Council:

6.2.10. Commission May Enter Land. The commission, its members, officers and employees, in the performance of their functions, may enter upon any land and make examinations and surveys and place and maintain necessary monuments and marks thereon.

6.2.11. Creation of a Comprehensive Plan. The Planning Commission shall have the power and the duty to make and recommend to the City Council for adoption a comprehensive plan for the physical development of the city, including any areas outside its boundaries which, in the judgment of the commission, bear relation to the planning of the city.

(A)

Purposes of plan. The plan shall be made with the general purpose of guiding and accomplishing coordinated, adjusted, and harmonious development of the city and its environs which will, in accordance with present and future needs, best promote the health, safety, morals, order, convenience, prosperity, and general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provisions for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of healthful and convenient distribution of population, the promotion of good civic design and arrangement, and wise and efficient expenditure of public funds.

(B)

Studies in preparing plan. In the preparation of such plan, the commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the city, with due regard to its relation to neighborhood territory.

(C)

Contents of plan. The comprehensive plan with the accompanying maps, plats, charts and descriptive matter shall show the recommendations of the commission for the development of the city.

(D)

Adoption of plan.

(1)

City Council adoption. The City Council may adopt the plan as a whole by a single resolution or may, by successive resolutions, adopt successive parts of the plan, such parts corresponding with major geographic sections or divisions of the city, or with functional subdivisions of the subject matter of the plan, and may adopt any amendment or extension thereof or addition thereto.

(2)

Planning Commission public hearing. Before the Planning Commission recommends to the City Council the adoption of the plan or any such part, amendment, extension or addition, the Planning Commission shall hold at least one public hearing thereon, notice of the time and place of which shall be given by one publication in a newspaper of general circulation in the city.

(3)

Adoption by resolution. The adoption of the plan or of any part or amendment or extension or addition shall be by resolution of the City Council carried by the affirmative votes of a majority of the City Council. The resolution shall refer expressly to the maps and descriptive and other matter intended by the commission to form the whole or part of the plan, and the action taken shall be recorded on the map plan and descriptive matter by the identifying signature of the chairman of the commission.

(4)

Approval. An attested copy of the plan or part thereof shall be certified to the City Council for the approval of the City Council.

6.2.12. Publishing and Amendments of Comprehensive Plan. The Planning Commission may recommend to the City Council from time to time adopting and publishing a part or parts thereof, any such part to cover one or more major sections or divisions of the city or one or more of the aforesaid or other functional matters to be included in the plan. Amendments to any portion of the comprehensive plan may be reviewed by the Planning Commission on a monthly basis.

(A)

Plan amendments with a zoning request. Requests for amendments to the comprehensive plan which are submitted with a rezoning request shall follow the requirements as set forth in 7.2 Zoning Amendments (Page 171), of this Ordinance, except that no site plan is required unless required by 7.5.1. Site Plan Requirements (Page 183) of this Ordinance.

(B)

Plan amendments without a zoning request. Requests for amendments to the comprehensive plan which are not submitted with a rezoning request shall be made in writing by the property owner(s) or by the property owners designated representative, as evident by written authority, to the community development department. Such request shall include a certified list of the names, addresses, and legal description of the property owned by all property owners within a three hundred-foot radius of the exterior boundaries of the area requested to be amended. Also, such request shall follow the requirements as set forth in 7.1 Universal Procedures (Page 163).

6.2.13. Procedure for Approval of Public Projects.

(A)

Submission and approval of public projects. Whenever the City Council shall have adopted the comprehensive plan of the city or of one or more major sections or districts thereof, no street, square, park or other public way, ground or open space, or public building or structure, or other governmental enterprise shall be constructed or authorized in the city, or in such planned section and district until the location, character, or extent thereof shall have been submitted to and approved by the commission.

(B)

Disapproval of a public project. In case of disapproval, the commission shall communicate its reason to the City Council, which shall have the power to overrule such disapproval by a recorded vote of a majority of its membership.

6.2.14. Land Subdivision Regulations.

(A)

Preparation and recommendation of subdivision regulations. The Planning Commission may prepare and recommend to the City Council for adoption rules and regulations governing the subdivision of land within the corporate limits of the city.

(B)

Planning Commission recommendation required. All plans, plats or replats of land laid out in two (2) or more lots, plats or parcels, or streets, alleys or other ways intended to be dedicated to public use within the corporate limits of the city shall first be submitted to the Planning Commission for its recommendations.

(C)

Compliance. The Planning Commission shall, with the help of appropriate municipal officials, check the proposed dedication or subdivision of land to ensure compliance with the rules and regulations governing subdivision of land and with other elements of the comprehensive plan for the city.

(D)

Disapproval. The disapproval of any such plan, plat or replat by the City Council shall be deemed a refusal of the dedication shown thereon.

(E)

Recordation. No plat or replat of any subdivision of land or dedication of streets or alleys or other easements shall be entitled to be recorded unless it bears the signature of the mayor, attested by the city clerk, certifying the approval and acceptance thereof by the city clerk.

6.2.15. Zoning Commission. The Planning Commission shall also act as the zoning commission, which shall have the power to prepare and to recommend to the City Council for adoption a zoning plan to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, the location and use of buildings, structures and land for trade, industry, residences, and other purposes.

6.2.16. Uniformity of Zoning Regulations. The Planning Commission may recommend the division of the city into districts of such number, size and area as may be deemed best suited to carry out the zoning plan. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulation in one district may differ from those in other districts.

6.2.17. Relationship of Zoning to Comprehensive Plan.

(A)

Zoning regulations in accordance with comprehensive plan. Zoning regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements.

(B)

Other considerations. Zoning regulations shall be made with reasonable consideration, among other things, as to the character of the district and its suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

(Ord. No. 3131, § 2, 10-26-10)

6.3.1. Creation of Board of Adjustment. There is hereby created within and for the City of Midwest City a Board of Adjustment with the powers and duties as hereinafter set forth.

6.3.2. Membership.

(A)

Number of members and residency. The Board of Adjustment shall be composed of five (5) members, citizens of the City of Midwest City.

(B)

Appointment and approval of members. Members shall be appointed by the mayor with the approval of the City Council.

(C)

Term. Members shall serve a term of three (3) years.

(D)

Planning Commission Membership. Two (2) members of the Board of Adjustment may be appointed by the City Council from the Planning Commission membership.

(E)

Removal of members. Removal from the Board of Adjustment shall be for cause as provided by State statute after notice and hearing. Cause shall include, but not be limited to, violation of Section 2-28 of the Midwest City Code, maintaining permanent residence outside the corporate limits of Midwest City, or using his/her position for personal gain.

6.3.3. Procedures.

(A)

Meetings. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine.

(B)

Rules and oaths. The board shall adopt rules in accordance with the provisions of this Ordinance. The chairperson, or in his/her absence the acting chairperson, may administer oaths and compel the attendance of witnesses.

(C)

Meeting open to the public. All meetings of the board shall be open to the public.

(D)

Records. The board shall keep records of the meeting at which a variance or special exception was granted. The record of the meeting shall show that each element of a variance or special exception was established at the public hearing on the question, otherwise said variance or special exception shall be voidable on appeal to the district court.

(E)

Concurring votes to reverse action. The concurring vote of at least three (3) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination being appealed from, to decide in favor of the applicant, or to decide any matter upon which may properly come before it pursuant to the Zoning Ordinance.

(F)

Six-month waiting period for reconsideration. Petitions, motions or other actions to reconsider prior motions, hear new applications for relief sought in prior actions, or any other similar request, petition, motion or other action seeking relief which has been earlier denied will not again be filed for hearing within six (6) months of the date of the decision by the board.

6.3.4. Powers. The Board of Adjustment shall have the following powers:

(A)

Appeal of an administrative or interpretation decision by a City official. Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the interpretation or enforcement of any Zoning Ordinance.

(B)

Variances. Authorize in specific cases a variance from the terms, standards and criteria that pertain to an allowed use category.

(C)

Special exceptions. Hear and decide special exceptions to the Zoning Ordinance to allow a use.

(D)

Summary of the powers of the Board of Adjustment. The following is a summary of the powers Board of Adjustment:

(E)

Reverse, affirm, or modify. When exercising the powers provided for in the 6.3.4. Powers related to appeals, special exceptions and variances of this Ordinance, the Board of Adjustment, in conformity with the provisions of the ordinance, may reverse or affirm in whole or in part, or modify the order, requirement, decision, or determination from which appealed and may make such order, requirement, decision, or determination as ought to be made.

(F)

Written Decision for the Applicant. Within three (3) business days from any Board of Adjustment decision, a written report of the decision of application shall be available at City Hall for the applicant or other interested parties to have formal documentation of the decision.

(Ord. No. 3131, § 2, 10-26-10; Ord. No. 3484, § 1, 5-24-22)

6.4.1. Responsibilities.

(A)

Review and coordinating authority. The Community Development Director is responsible for reviewing and coordinating the following types of application:

(B)

Decision authority. The Community Development Director has the authority to deciding the following applications and petitions:

(Ord. No. 3131, § 2, 10-26-10)

6.5.1. Creation. There is hereby created within and for the City of Midwest City a Site Plan Review Team (SPRT) with the responsibilities as hereinafter set forth.

6.5.2. Purpose and Responsibilities. The purpose of the SPRT is to utilize the expertise of various city departments to review site plans required during 7.2 Zoning Amendments (Page 171) for rezoning property or 5.18 Residential Cluster Development Option (Page 145) to assure that City regulations are met and to provide a recommendation for either approval, modification, or denial in a written report to the Community Development Director.

(A)

Site plans exempt from SPRT review. The Community Development Director is solely responsible for reviewing and approving site plans required in a particular zoning district at time of building permit application, as outlined in 6.4 Community Development Director (Page 159).

6.5.3. Membership. The Community Development Director shall determine the number of members of the SPRT.

6.5.4. Membership Composition. The SPRT members may consist of representatives from the following Midwest City departments, as appointed by the Community Development Director.

(A)

Community Development Department.

(B)

Environmental Services Department.

(C)

Neighborhood Services Department.

(D)

Community Services Department.

(E)

Fire Department.

(F)

Any other department per the Community Development Director's discretion.

6.5.5. Term. Members shall serve at the discretion of the Community Development Director.

6.5.6. Organizational Leadership. The members from the Community Development Department shall be the coordinating members for the entire SPRT and shall be responsible for establishing meeting times, determining when the SPRT has finished review of a site plan, and coordinating the written report to the Community Development Director.

(Ord. No. 3131, § 2, 10-26-10)

6.6.1. Summary of Review Authority. The following table summarizes the procedures and review authorities listed within this Section 6 Development Review Bodies (Page 149) and Section 7 Development Review Procedures (Page 163) of the Zoning Ordinance.

Table 6.6-1: Summary of Procedures and Review Authorities

(Ord. No. 3131, § 2, 10-26-10)