7.1.1. Mandatory Pre-Application Conference for Plans and Applications.

(A)

Purpose. The pre-application conference is intended to allow for the exchange of non-binding information between the applicant and City Staff to ensure that the applicant is informed of pertinent City development regulations and processes.

Additionally, the pre-application conference provides an opportunity for the applicant and City Staff to discuss major development considerations such as utilities, roadways, drainage concerns, comprehensive plan elements, specific neighborhood characteristics, and historic information.

This exchange of information is intended to promote an efficient and orderly review process.

(B)

Pre-application conference required before the submission of plans and applications. Prior to formal submittal of any required plan or application, the applicant(s) shall consult with the Community Development Director or his/her designee, the Building Official, the City Engineer, and any other pertinent City official(s) in order for the applicant(s) to become familiar with the City's development regulations and the development process.

At the pre-application conference, the developer may be represented by his/her land planner, engineer, surveyor, or other qualified professional.

(C)

Required time between conference and formal submittal. The formal submittal of any required plan or application shall not occur prior to the tenth (10 ^th ) business day after the mandatory pre-application conference.

(1)

Time Example. If a mandatory pre-application conference is held on the first of the month, then the first (1 ^st ) day a formal submittal shall be allowed is the fifteenth (15 ^th ) day of the same month. This example assumes there are no holidays between the first (1 ^st ) and fifteenth (15 ^th ) day of the month and the first day of the month is a Monday.

(D)

Plans and applications requiring mandatory pre-application conference.

(1)

Zoning map amendment (rezoning).

(2)

PUD application.

(3)

SPUD application.

(4)

Site plan (rezoning).

(5)

Site plan (residential cluster development).

(6)

Special Use Permit.

(7)

Variance.

(8)

Exception.

(9)

Oil and gas wells.

(10)

Comprehensive plan adoption or amendment.

7.1.2. Completeness Review.

(A)

Applicability. The following procedures shall apply to any plan or application that is required by the City and is submitted in accordance with this Ordinance.

(B)

Determination of Completeness. Every required plan or application shall be subject to a determination of completeness by the Community Development Director for processing the plan or application.

(1)

No required plan or application shall be accepted by the Community Development Director for processing unless it is accompanied by all documents required by and prepared in accordance with the requirements of this Ordinance.

(2)

A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Ordinance.

(3)

A determination of completeness shall be made by the Community Development Director no later than the tenth (10th) business day after the official filing date that the required application is submitted to the Community Development Director.

a.

The applicant shall be notified within ten (10) business days after the official filing date if the submitted application is complete or incomplete.

1.

The applicant shall be notified by the method she or he requests on the application form.

2.

Notices requested by mail will be deposited for mailing with the United States Post Office no later than the tenth (10th) business day after the official filing date.

b.

If the required application is determined to be complete, the application shall be processed as prescribed by this Ordinance.

c.

If the required application is determined to be incomplete, the notification shall specify the documents or other information needed to complete the application and shall state the date the application will expire if the documents or other information are not provided.

d.

A required application shall be deemed complete on the eleventh (11th) business day after the application has been received if the applicant has not been notified that the application is incomplete in accordance with this section.

(C)

Vesting begins with a complete site plan. Once a site plan has been determined complete, that site plan shall be vested into the standards of the Zoning Ordinance in effect at the time of the determination of completeness.

7.1.3. Public Notice Requirements for Public Hearings.

(A)

Applications requiring public notice.

(1)

Zoning map amendment (rezoning).

(2)

Zoning text amendment.

(3)

PUD application.

(4)

SPUD application.

(5)

Site plan (rezoning).

(6)

Special use permit.

(7)

Variance.

(8)

Exception.

(9)

Oil and gas wells.

(10)

Comprehensive plan adoption or amendment.

(11)

Appeal of an administrative decision or interpretation.

(12)

Appeal of a site plan decision made by the Community Development Director.

(B)

Types of notice.

(1)

Property posted (sign) notice. Notice of public hearing may be given by the posting of a sign on the property no less than twenty (20) calendar days prior to public hearing.

a.

Sign Requirements.

1.

Signs shall be a minimum of thirty-two (32) square feet in size.

2.

Signs shall be white with black lettering.

3.

Signs shall have lettering at least four (4) inches in height.

b.

Elements of a property posted notice.

1.

The date, time, and place of the public hearing;

2.

Who will conduct the public hearing;

3.

The desired zoning classification;

4.

The proposed use of the property; and

5.

Other information as may be necessary to provide adequate and timely public notice.

(2)

Published notice. Notice of public hearing shall be given by publication in a newspaper of general circulation in the City of Midwest City wherein the property is located no less than twenty (20) calendar days prior to public hearing.

a.

Elements of a published notice.

1.

A published notice shall include a map of the area to be affected which indicates street names or numbers, streams, or other significant landmarks in said area.

(3)

Mailed notice. Notice of a public hearing shall be given by mailing written notice to all owners of property within a three hundred-foot radius of the exterior boundary of the subject property no less than twenty (20) calendar days prior to public hearing.

a.

Provision of the mailing list.

1.

The applicant shall provide the Community Development Department with a certified list from the Oklahoma County Assessor's Office of the names and addresses of all property owners.

2.

The list shall be provided in both a hardcopy and digital format [Microsoft Excel format (*.xlsx) or comma-separated values (*.csv)].

b.

Elements of a mailed notice.

1.

Legal description of the property and the street address or approximate location within the City of Midwest City.

2.

Present zoning classification of the property and the zoning sought by the applicant. If not a rezoning, then the nature or intent of the application shall be described.

3.

The date, time, and place of hearing.

c.

Special notification requirements for rezoning involving medical or nonmedical detoxification uses shall apply as listed in Section 7.2.4, Additional Notice Requirements for Proposed Zoning Changes and Reclassifications (Rezonings), or as revised by State law pursuant to 11 O.S. § 43-106.

(C)

Types of required public notice for plans and applications. Public notices shall be required according to the following table:

Table 7.1-1: Required Public Notices per Application Type

⁽¹⁾  Property posted (sign) notice shall be at the discretion [of the] Community Development Director.

7.1.4. Public Hearings.

(A)

Applications requiring public hearings.

(1)

Zoning map amendment (rezoning).

(2)

Zoning text amendment.

(3)

PUD application.

(4)

SPUD application.

(5)

Site plan (rezoning).

(6)

Special Use Permit.

(7)

Variance.

(8)

Exception.

(9)

Oil and gas wells.

(10)

Comprehensive plan adoption or amendment.

(11)

Appeal of an administrative decision or interpretation.

(12)

Appeal of a site plan decision made by the Community Development Director.

(B)

Review bodies and the associate public hearings per application type. Public hearings shall be conducted for each review body per plan or application type according to the following table:

Table 7.1-2: Required Public Hearings per Application Type per Review Body

7.1.5. Appeals

(A)

Types of Appeals. The following are the three (3) types of appeals contained within this Zoning Ordinance:

(1)

Appeal to the Board of Adjustment of an administrative or interpretation decision by the City.

a.

Any person, department, board, or bureau of the City of Midwest City affected by any administrative officer acting pursuant to the Midwest City Zoning Ordinance shall appeal to the Board of Adjustment.

(2)

Appeal to the City Council of a site plan decision by the Community Development Director.

a.

Any person, department, board, or bureau of the City of Midwest City affected by a decision of site plan made by the Community Development Director shall appeal to the City Council.

(3)

Appeal to District Court a decision of the City Council or Board of Adjustment.

a.

Any person, department, board, or bureau of the City of Midwest City affected by a decision of the City Council or Board of Adjustment may appeal to District Court.

(B)

Appeals procedure to the City Council or Board of Adjustment.

(1)

Timing and fee. Appeal to the City Council or Board of Adjustment shall be taken within thirty (30) business days from the date of the decision by filing with the officer from whom the appeal is taken and with the city clerk a notice of appeal specifying the grounds thereof, and by paying a filing fee at the office of the city clerk at the time the notice is filed.

(2)

Transmission of record. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(3)

Stays of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the City Council or Board of Adjustment, after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in her or his opinion, cause imminent peril to life or property.

a.

In such cases proceedings shall not be stayed otherwise than by a restraining order which may be granted by the City Council or Board of Adjustment or by a court of record on application and notice to the officer from whom the appeal is taken and on the cause shown.

(C)

Appeals procedure to District Court.

(1)

Timing. An appeal from any action, decision, ruling, judgment, or order of the City Council or Board of Adjustment may be taken by any person or persons, jointly or severally, or any taxpayer; or any officer, department, board, or bureau of the City of Midwest City to the district court by filing notice of appeal with the city clerk and with the Board of Adjustment within ten (10) business days from the filing of the decision of the board, which notice shall specify the grounds of such appeal.

(2)

Transmission of record. Upon filing of the notice of appeal as herein provided, the City Council or Board of Adjustment shall forthwith transmit to the court clerk of the county the original or certified copy of the papers constituting the record in the case, together with the order, decision, or ruling of the board.

(3)

Stays of proceedings. An appeal to the district court from the City Council or Board of Adjustment stays all proceedings in furtherance of the action appealed from, unless the mayor or chairman of the Board of Adjustment, from which the appeal is taken certifies to the court clerk, after the notice of appeal shall have been filed, that by reasons of fact stated in the certificate, a stay would, in her or his opinion, cause imminent peril to life or property.

a.

In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the district court upon application or notice to the administrative officer in charge of the enforcement of the terms and provisions of this Ordinance, and upon notice to the mayor or chairman of the Board of Adjustment from which the appeal is taken, and upon due cause being shown, the court may reverse or affirm, wholly or partly, or modify the decision brought up for review.

7.1.6. Fees. All fees for all types of applications, forms, plans, notifications, appeals, and petitions required under this Zoning Ordinance shall be establish by the City Council within a Zoning Ordinance Fee Schedule.

(Ord. No. 3131, § 2, 10-26-10; Ord. No. 3559, § 1, 4-23-24)

7.2.1. Amendments. The City Council may from time to time, on its own motion, or on petition from the property owner, or on petition from the property owner's designated representative either by written authority from the property owner, or by order of a court, or on recommendation of the Planning Commission, amend the regulations and districts herein established in accordance with the procedures set forth in this section.

Applications shall only be submitted for contiguous lots or parcels and said lots or parcels shall not be separated by a dedicated street or right-of-way.

A separate application as described in 7.2.1.(A) Applications (below) of this Ordinance is required for each lot or parcel which is not contiguous to any other lot or parcel being considered or said lots or parcels are separated by a dedicated street or right-of-way as set in the legal description of the lot or parcel proposed to be rezoned.

(A)

Applications. The following is a list of necessary requirements to be complied with in order to submit an application to amend the regulations and districts:

(1)

Application form completed.

(2)

Warranty deed establishing current ownership of area of request.

(3)

Site plan when required by 7.5.1. Site Plan Requirements (Page 183) of this Ordinance.

a.

Exceptions: See 7.2.1.(C) Exceptions to site plan requirements (below).

b.

Elimination of site plans: See 7.5.7. Applicant Initiated Elimination of Existing Site Plans (Page 186) and 7.5.8. Expiration of Site Plans (Page 186).

(4)

Signature of applicant.

(B)

Minimum area and frontage. The minimum area and frontage requirements for rezoning as required in the applicable zoning districts will be met by taking the total contiguous area and frontage of the property being developed as the area and frontage to be listed in the application.

(C)

Exceptions to site plan requirements.

(1)

Properties zoned in conjunction with a site plan as defined in 7.5 Site Plan (Page 183) of this Ordinance shall not require a site plan for rezoning applications where existing structures and improvements are proposed to remain in their present location and no new structures or improvements are proposed.

(2)

A plan showing only the existing structures, parking, curb cuts and drainage will be submitted with the application.

(3)

This will be considered a final site plan as defined in 7.5 Site Plan (Page 183) of this Ordinance.

7.2.2. Notice and Public Hearing Required for all Proposed Amendments.

(A)

Public hearings. Parties in interest and citizens shall have an opportunity to be heard at public hearings conducted by the Planning Commission and City Council before any district regulation, restriction, or boundary shall become effective, as outlined in 7.1.3. Public Notice Requirements for Public Hearings (Page 165) and includes the following two (2) types of zoning amendments:

(1)

Zoning map amendments (rezoning).

(2)

Zoning text amendments.

(B)

Public hearings for zoning changes involving text amendments. For requests involving proposed changes to the text of the Zoning Ordinance, notice of the Planning Commission hearing and City Council hearing shall be accomplished in accordance to 7.1 Universal Procedures (Page 163).

Changes in the Ordinance text which do not change zoning district boundaries (i.e., which do not involve specific real property) do not require written notification to individual property owners, as shown within 7.1 Universal Procedures (Page 163).

7.2.3. Protests of Amendments or Changes of Regulations, Restrictions, and Boundaries.

(A)

Regulations, restrictions and district boundaries. Regulations, restrictions and district boundaries of the city may be amended, supplemented, changed, modified or repealed. The requirements of 7.2.2. Notice and Public Hearing Required for all Proposed Amendments (above) of this section on public hearings and notice shall apply to all proposed amendments or changes to regulations, restrictions or district boundaries.

(B)

Protests.

(1)

Protests against proposed changes shall be filed at least three (3) days before the date of the public hearings. If protests are filed by:

a.

The owners of twenty (20) percent or more of the area of the lots included in a proposed change; or

b.

The owners of fifty (50) percent or more of the area of the lots within a three hundred-foot radius of the exterior boundary of the territory included in a proposed change;

(2)

Then the proposed change or amendment shall not become effective except by the favorable vote of three-fifths of the members of the City Council.

7.2.4. Additional Notice Requirements for Proposed Zoning Changes and Reclassifications (Rezonings).

(A)

Medical or Nonmedical Detoxification Uses. In addition to the notice required in this subsection, if the zoning change requested permits the use of treatment facilities, multiple-family facilities, transitional living facilities, halfway houses and any housing or facility that may be used for medical or nonmedical detoxification as these terms are defined pursuant to 43A O.S. § 3-403, the entity proposing the zoning change shall mail a written notice within twenty-five (25) business days of the hearing to all real property owners within one-quarter of a mile where the area to be affected is located and shall be responsible for all costs incurred in mailing this notice.

(1)

For purposes of this subsection, "entity" means any individual, corporation, company, firm, partnership, association, trust, state agency, government instrumentality or agency, institution, county, incorporated municipality or municipal authority or trust in which any governmental entity is a beneficiary, venture, or other legal entity however organized.

(2)

Medical or nonmedical detoxification uses as these terms are defined pursuant to 43A O.S. § 3-403 are classified under the use unit 4.3.15. Community-Based Care Facility (Page 54) permitted by 7.6 Special Use Permit (Page 187) within the 2.20 C-3, Community Commercial District (Page 27) and 2.21 C-4, General Commercial District (Page 30).

7.2.5. Residential Zoning Changes Prohibited within Specific Areas.

(A)

Airport Zoning Ordinance, Appendix B. All land within the Airport Zoning Ordinance, Appendix B Clear Zone or Accident Potential Zones shall not be rezoned to any residential zoning district.

(1)

Exception. An existing residentially zoned property may be rezoned if the property in question is rezoned to a residential zoning district of a lower density.

7.2.6. Resubmission of Petitions.

(A)

Six-month waiting period. Petitions to amend the zoning district boundaries as described below which have been heard and decided by the City Council of the City of Midwest City may not be re-filed with the city for six (6) months after the date of such decision by the City Council.

(1)

Property. Like petitions to amend the zoning district boundaries for the same property or any portion thereof.

(2)

Buildings. Like petitions to amend the zoning district boundaries for area within the same building or buildings located upon the same property.

(B)

Zoning to a different classification. Petitions for zoning of the same property in a different classification may, however, be re-filed.

(Ord. No. 3131, § 2, 10-26-10)

7.3.1. Planned Unit Development Submission Requirements.

(A)

Five-step application and review procedure. The developer and/or builder of a PUD shall follow a five-step application and review procedure:

(1)

Mandatory pre-application conference, as outlined in 7.1.1. Mandatory Pre-Application Conference for Plans and Applications (Page 163).

(2)

Application for rezoning, submission of PUD master plan, including the design statement and master development plan map.

(3)

Preliminary plat, where required by the subdivision regulations.

(4)

Final plat, where required by the subdivision regulations.

(5)

Application for building permit and site plan reviewed by the Site Plan Review Team.

(B)

Approvals needed before proceeding. Each required step shall be completed and approved before the following step is reviewed. Where appropriate, other methods authorized in the subdivision regulations may be substituted in 7.3.2.(C) Step 3. Preliminary plat (Page 176) and 7.3.2.(D) Step 4. Final plat (Page 176). The Planning Commission and City Council may, however, review more than one step at the same public hearing.

(C)

Public hearing.

(1)

Public hearings shall be held on the application for rezoning and the PUD master plan in accordance with regular procedures for zoning applications.

(2)

Public hearings on required plats shall be held in accordance with regular procedures established in the subdivision regulations.

7.3.2. Planned Unit Development Review Procedures.

(A)

Step 1. Pre-application review. At least ten (10) business days prior to submission of an application for rezoning to a planned unit development, the applicant shall submit to the Community Development Director a sketch plan drawn to approximate scale showing streets, lots, public areas, and other significant features.

The applicant should discuss with the Community Development Director the procedure for adopting a planned unit development and the requirements for the general layout of streets and utilities, access to arterials, or general design and narrative, the availability of existing services, and similar matters.

The Community Development Director shall also advise the applicant, where appropriate, to discuss the proposed planned unit development with those officials who must eventually review the various aspects of the proposal coming within their jurisdiction.

The intent of the pre-application review is to expedite and facilitate the approval of a PUD master plan.

(B)

Step 2. Application for rezoning and PUD master plan.

(1)

Procedures and requirements. The PUD application for rezoning shall be filed in accordance with regular procedures and on application forms of the City of Midwest City. The PUD master plan, which is submitted with the application for rezoning, shall consist of a design statement and a master development plan map. The applicant shall also provide other supporting maps as necessary to meet the submission requirements of this Ordinance.

a.

Master development plan map. The master development plan map shall be a graphic representation of the development plan for the area.

1.

The Community Development Director shall establish an application form outlining all requirements of the PUD master development plan map and shall be responsible for maintaining and revising the application form.

b.

PUD design statement. The PUD design statement shall be a written report submitted as a part of the PUD master plan containing a minimum of the following elements:

1.

Title of PUD;

2.

List of the owners and/or developers;

3.

Statement of the general location and relationship to adjoining land uses, both existing and proposed;

4.

Description of the PUD concept, including an acreage or square foot breakdown of land use areas and densities proposed, a general description proposed, a general description of building use types, proposed restrictions, and typical site layouts;

5.

The existing PUD zoning districts in the development area and surrounding it;

6.

Selection of one conventional zoning district as a base zoning district to regulate all uses and development regulations not identified as being modified;

7.

A list of all applicable special development regulations or modified regulations to the base zoning district; plus a list of requested variations to the subdivision regulations or other applicable development regulations;

8.

A statement on the existing and proposed streets, including right-of-way standards and street design concepts;

9.

The following physical characteristics: elevation, slope analysis, soil characteristics, tree cover, and drainage information;

10.

A topographic map with minimum five-foot contour intervals;

11.

Drainage information, including number of acres in the drainage area and delineation of applicable flood levels;

12.

A statement of utility lines and services to be installed, including which lines will be dedicated to the city and which will remain private;

13.

The proposed densities, and the use types and sizes of structures; and

14.

A description of the proposed sequence of development.

(2)

Approval of the PUD master plan. Upon final approval by the City Council of the PUD master plan and the appropriate ordinance of rezoning, these elements shall become a part of the official Zoning District Map. The ordinance of rezoning shall adopt the PUD master plan by reference, and it shall be attached to said ordinance and become a part of the official records of the City of Midwest City.

(3)

Expiration of PUD master plan. If, after three (3) years from the date of approval of a PUD master plan, no substantial development progress has been made within the PUD, then the PUD master plan shall expire. If a PUD master plan expires, a new PUD master plan must be submitted and approved according to the procedures within this 7.3 PUD Application and Review (Page 174).

a.

An extension to the three-year expiration shall be granted if a development application for the PUD has been submitted and is undergoing the development review process or if the Community Development Director determines development progress is occurring.

(4)

The use and development of the property. The PUD master plan shall control the use and development of the property, and all building permits and development requests shall be in accord with said plan until it is otherwise amended by the City Council.

The developer shall furnish a reproducible copy of the approved master development plan map for signature by the chairman of the Planning Commission, the mayor, and acknowledgement by the city clerk. The PUD master plan, including the signed map and all supporting data, shall be made a part of the permanent file and maintained by the city clerk.

(C)

Step 3. Preliminary plat. Upon approval of the PUD master plan and the ordinance of rezoning, the developer shall prepare a preliminary plat for the entire development area. Where a recorded plat exists and where there will be no extensive easements, no property owners' associations, no plat restrictions, and no sale of lots which do not conform to the platted lot lines, the Planning Commission may waive the platting requirement.

(D)

Step 4. Final plat.

(1)

Where a subdivision plat has been required, the developer shall prepare a final plat for review, approval, and filing of record according to procedures established by the Planning Commission and City Council. In addition to these procedures, the final plat shall include:

a.

Provisions for the ownership and maintenance of common open space. Said open space may be dedicated to a private association or to the public provided that a dedication to the public shall not be accepted without the approval of the City Council.

b.

A homeowners' or property owners' association shall be created if other satisfactory arrangements have not been made for improving, operating, and maintaining common facilities, including private street drives, service and parking areas, and recreation areas.

(2)

If there is no plat required, then subparagraph 7.3.2.(D)(1)a (above) and subparagraph 7.3.2.(D)(1)b (above) shall be submitted and approved as a part of the PUD master plan at the time of rezoning.

(E)

Step 5. Site plan. A site plan shall be submitted upon the application for a building permit and reviewed in accordance with procedures established in 7.5 Site Plan (Page 183).

7.3.3. Modifications.

(A)

Minor amendments and adjustments. The Community Development Director shall be permitted to approve minor amendments and adjustments to the PUD master plan provided the following conditions are satisfied:

(1)

The project boundaries are not altered.

(2)

Uses other than those specifically approved in the PUD master plan are not added. Uses maybe deleted but not to the extent that the character of the project is substantially altered.

(3)

The allocation of land to particular uses or the relationship of uses within the project are not substantially altered.

(4)

The density of housing is not increased more than ten (10) percent or decreased by more than thirty (30) percent.

(5)

The land area allocated to nonresidential uses is not increased or decreased by more than ten (10) percent.

(6)

Floor area, if prescribed, is not increased or decreased by more than twenty (20) percent.

(7)

Floor area ratios, if prescribed, are not increased.

(8)

Open space ratios, if prescribed, are not decreased.

(9)

Height restrictions, setback requirements, coverage restrictions and other areas, height, and bulk requirements prescribed in the PUD master plan are not substantially altered.

(10)

The circulation system is not substantially altered in design, configuration, or location.

(11)

The design and location of access points to the project are not substantially altered either in design or capacity.

(B)

Community Development Director approval. The Community Development Director shall determine if proposed amendments to an approved master development plan satisfy the above criteria. If the Community Development Director finds that these criteria are not satisfied, an amended PUD master plan shall be submitted for full review and approval according to the procedures set forth in these regulations.

7.3.4. Reversion.

(A)

Property owner request. If the property owner decides to abandon the PUD concept and nullify the PUD master plan, he shall make application for rezoning either to the original status or to a new classification. Said application shall be heard according to regular procedures by the Planning Commission and City Council.

7.3.5. Existing PUDs and Neighborhood Unit Developments. PUDs and neighborhood unit developments which were adopted prior to this Ordinance shall remain in effect under the regulations they were adopted.

(Ord. No. 3131, § 2, 10-26-10)

7.4.1. Simplified Planned Unit Development (SPUD) Submission Requirements.

(A)

Five-step application and review procedure. The developer and/or builder of a SPUD shall follow a five-step application and review procedure.

(1)

Pre-application conference, as outlined in 7.1.1. Mandatory Pre-Application Conference for Plans and Applications (Page 163).

(2)

Application for rezoning, submission of SPUD master plan, including the design statement on an application form provided by staff, and master development plan map.

(3)

Preliminary plat, where required by the subdivision regulations, if property is to be divided and sold off as separate tracts.

(4)

Final plat, where required by the subdivision regulations, if property is to be divided and sold off as separate tracts.

(5)

Application for building permit and site plan review.

(B)

Approvals needed before proceeding. Each required step shall be completed and approved before the following step is reviewed. Where appropriate, other methods authorized in the subdivision regulations may be substituted in 7.4.2.(C) Step 3. Preliminary plat (Page 181) and 7.4.2.(D) Step 4. Final plat (Page 181) The Planning Commission and City Council may, however, review more than one step at the same public hearing.

(C)

Public hearing.

(1)

Public hearings shall be held on the application for rezoning and the SPUD master plan in accordance with regular procedures for zoning applications.

(2)

Public hearings on required plats shall be held in accordance with regular procedures established in the subdivision regulations.

7.4.2. Simplified Planned Unit Development (SPUD) Review Procedures.

(A)

Step 1. Pre-application meeting. At least ten (10) business days prior to submission of an application for rezoning to a SPUD, the applicant should discuss with the Community Development Director the procedure for adopting a SPUD and the requirements for the general layout of streets and utilities, access to arterials, or general design and narrative, the availability of existing services, and similar matters.

The Community Development Director shall also advise the applicant, where appropriate, to discuss the proposed SPUD with those officials who must eventually review the various aspects of the proposal coming within their jurisdiction. The intent of the pre-application meeting is to expedite and facilitate the approval of a SPUD master plan.

(B)

Step 2. Application for rezoning and SPUD master plan.

(1)

Procedures and requirements. The SPUD application for rezoning shall be filed in accordance with regular procedures of the City of Midwest City. The SPUD master plan, which is submitted for rezoning, shall consist of a Design Statement on an application form provided by City Staff and a Master Development Plan Map. The applicant shall also provide other supporting maps or information as may be deemed necessary by the Community Development Director.

a.

Master development plan map. The master development plan map shall be a graphic representation of the development plan for the area, prepared at a scale appropriate for the size of the project but no less than on an 8½ × 11 inch plan. It shall show the following:

1.

The Community Development Director shall establish an application form outlining all requirements of the SPUD master development plan map and shall be responsible for maintaining and revising the application form.

b.

SPUD design statement. The SPUD Design Statement shall be a written report submitted as part of the SPUD master plan on an application form provided by City Staff containing a minimum of the following elements:

1.

List of the owners and/or developers;

2.

Statement of the general location and relationship to adjoining land uses, both existing and proposed;

3.

The use or uses that would be permitted on the site;

4.

Selection of one conventional zoning district as a base zoning district to regulate all uses and development regulations not identified as being modified;

5.

A list of all applicable special development regulations or modified regulations to the base zoning district;

6.

A statement on the existing and proposed streets, including right-of-way standards and street design concepts;

7.

The following physical characteristics: Screening, landscaping, signs, open space, access, and drainage information if deemed necessary by the city engineer;

8.

Existing or proposed building(s) size(s), height(s), number of buildings, front, rear and side setback lines; and

9.

A description of the proposed sequence of development.

(2)

Approval of the SPUD master plan. Upon approval by the City Council of the SPUD master plan and the appropriate ordinance of rezoning, these elements shall become a part of the official Zoning District Map. The ordinance of rezoning shall adopt the SPUD master plan by reference, and it shall be attached to said ordinance and become a part of the official records of the City of Midwest City.

(3)

Expiration of SPUD master plan. If, after three (3) years from the date of approval of a SPUD master plan, no substantial development progress has been made within the SPUD, then the SPUD master plan shall expire. If a SPUD master plan expires, a new SPUD master plan must be submitted and approved according to the procedures within this 7.4 SPUD Application and Review (Page 179).

a.

An extension to the three-year expiration shall be granted if a development application for the SPUD has been submitted and is undergoing the development review process or if the Community Development Director determines development progress is occurring.

(4)

The use and development of the property. The SPUD master plan shall control the use and development of the property, and all building permits and development requests shall be in accordance with said plan until it is otherwise amended by the City Council.

(C)

Step 3. Preliminary plat. Upon approval of the SPUD master plan and the ordinance of rezoning for property that has not been platted, should the developer of said property decide to sell individual tracts within the SPUD, the developer shall prepare a preliminary and final plat for the entire development area. Upon approval of a SPUD where a recorded plat exists and where there will be no extensive easements, no property owners' associations, no plat restrictions, and no sale of lots which do not conform to the platted lot lines, preliminary and final platting shall not be required.

(D)

Step 4. Final plat.

(1)

Where a subdivision plat has been required, the developer shall prepare a final plat for review, approval, and filing of record according to procedures established by the Planning Commission and City Council. In addition to these procedures, the final plat shall include:

a.

Provisions for the ownership and maintenance of common open space. Said open space may be dedicated to a private association or to the public provided that a dedication to the public shall not be accepted without the approval of the City Council.

b.

A homeowners' or property owners' association shall be created if other satisfactory arrangements have not been made for improving, operating, and maintaining common facilities, including private street drives, service and parking areas, and recreation areas.

(E)

Step 5. Site plan. A site plan shall be submitted upon the application for a building permit.

7.4.3. Modifications.

(A)

Minor amendments and adjustments. The Community Development Director shall be permitted to approve minor amendments and adjustments to the SPUD master plan provided the following conditions are satisfied:

(1)

The project boundaries are not altered.

(2)

Uses other than those specifically approved in the SPUD master plan are not added. Uses may be deleted but not to the extent that the character of the project is substantially altered.

(3)

The allocation of land to particular uses or the relationship of uses within the project are not substantially altered.

(4)

The density of housing is not increased more than ten (10) percent or decreased by more than thirty (30) percent.

(5)

The land area allocated to nonresidential uses is not increased or decreased by more than ten (10) percent.

(6)

Floor area, if prescribed, is not increased or decreased by more than twenty (20) percent.

(7)

Floor area ratios, if prescribed, are not increased.

(8)

Open space ratios, if prescribed, are not decreased.

(9)

Height restrictions, setback requirements, coverage restrictions and other areas, height and bulk requirements prescribed in the SPUD master plan are not substantially altered.

(10)

The circulation system is not substantially altered in design, configuration or location.

(11)

The design and location of access points to the project are not altered either in design or capacity.

(12)

The landscaping requirements and open space areas are not altered.

(B)

Community Development Director approval. The Community Development Director shall determine if proposed amendments to an approved master development plan satisfy the above criteria. If the Community Development Director finds that these criteria are not satisfied, an amended SPUD master plan shall be submitted for full review and approval according to the procedures set forth in these regulations.

7.4.4. Revision.

(A)

Property owner request. If the property owner decides to abandon the SPUD concept and nullify the SPUD master plan, she or he shall make application for rezoning either to the original status or to a new classification. Said application shall be heard according to regular procedures by the Planning Commission and City Council.

(Ord. No. 3131, § 2, 10-26-10)

7.5.1. Site Plan Requirements.

(A)

Timing of the site plan requirement.

(1)

Rezoning. No site plan is required at the time of zoning or rezoning applications except for applications for:

a.

Special use permits (SUPs).

b.

Mixed Use Overlay (MIX) zoning district.

c.

Transit Oriented Development (TOD) zoning district.

d.

Hospitality (HOS) zoning district.

(2)

Building Permit. Site plans are required, if required in a particular zoning district, at time of building permit application.

(3)

Residential Cluster Development. Site plans are required for all residential cluster development.

(B)

Elements and scale of the site plan requirement - application form. The Community Development Director shall establish an application form outlining all requirements of the site plan and shall be responsible for maintaining and revising the application form.

7.5.2. Approval.

(A)

Review process.

(1)

Site plan review process for a rezoning or residential cluster development. Site plans submitted according to 7.2 Zoning Amendments (Page 171) for rezoning property and 5.18 Residential Cluster Development Option (Page 145) shall follow the following process.

a.

The Site Plan Review Team (SPRT) shall evaluate all site plans and submit findings in a report regarding the site plan's conformance to the standards of this Zoning Ordinance to the Community Development Director within twenty (20) business days of the determination of completeness of the application.

b.

Upon receipt from the SPRT, the Community Development Director may either modify or accept the SPRT report and shall submit a report to the Planning Commission.

c.

The Planning Commission shall review and recommend action to the City Council on the site plan from the Community Development Director.

(2)

Site plan review process required for building permit. The Community Development Director's designee shall review site plans required in a particular zoning district at time of building permit application, as outlined in 6.4 Community Development Director (Page 159).

a.

The Community Development Director's designee shall evaluate all site plans and submit findings in a report regarding the site plan's conformance to the standards of this Zoning Ordinance to the Community Development Director within twenty (20) business days of the determination of completeness of the application.

(B)

Approval authorities.

(1)

City Council. Approval by the City Council shall be required on all site plans submitted in accordance with this Ordinance, except site plans submitted with a building permit application.

(2)

Community Development Director. The Community Development Director shall have approval authority on all site plans submitted at the time of building permit application.

(C)

Standards for Site Plan Review and Evaluation. The City Council or Community Development Director shall review the Site Plan for compliance with all applicable City ordinances with respect to the following:

(1)

The site plan's compliance with all provisions of this Zoning Ordinance, and other applicable ordinances.

(2)

The relationship of the development to adjacent uses in terms of harmonious design, façade treatment, setbacks, building materials, maintenance of property values, and any possible negative impacts.

(3)

The provision of a safe and efficient vehicular and pedestrian circulation system, such as driveways.

(4)

The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.

(5)

The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and other emergency equipment to buildings.

(6)

The coordination of streets so as to arrange a convenient system consistent with the City's adopted Thoroughfare Plan, as amended.

(7)

The use of landscaping and screening to provide adequate buffers to shield lights, noise, movement, or activities from adjacent properties when necessary.

(8)

Exterior lighting to ensure safe movement and for security purposes, which shall be arranged so as to minimize glare and reflection upon adjacent properties pursuant to 5.11 Outdoor Lighting and Glare Prevention (Page 127).

(9)

Protection and conservation of water courses and areas that are subject to flooding.

(10)

The adequacy of water, drainage, sewerage facilities, solid waste disposal, and other utilities necessary for essential services to residents and occupants.

(11)

Additional review criteria as listed in 5.18 Residential Cluster Development Option (Page 145) for site plans for residential cluster developments shall be considered.

(D)

Development not associated with a site plan requiring rezoning. Any individual lot or lots proposed for development not associated with a site plan which shall require rezoning shall follow the requirements set out in 7.2 Zoning Amendments (Page 171) of this Ordinance.

(E)

Developments approved in conjunction with a site plan. Any individual lot or lots proposed for development that were approved in conjunction with a site plan which shall require rezoning which have not complied with the requirements of 7.5.7. Applicant Initiated Elimination of Existing Site Plans (Page 186) and 7.5.8. Expiration of Site Plans (Page 186) of this Ordinance or special use permit shall follow the requirements set out in 7.5 Site Plan (Page 183) and 7.2 Zoning Amendments (Page 171) of this Ordinance.

(F)

Conformity required for the granting of building or occupancy permits. In order for a building permit or occupancy permit to be granted, all construction shall conform to the approved site plan, or if no site plan is required, then all other requirements of this Ordinance shall be met.

7.5.3. Failure to Comply. Whenever the Community Development Director finds that any proposed construction varies substantially for properties approved in conjunction with a site plan approved by the Planning Commission and City Council, the procedure outlined in 7.5.4. Major Variation (below) shall be followed.

(A)

Major Variation Definition. A major variation is defined as an increase or decrease in the size of a building by twenty (20) percent, a change in configuration of the proposal, increase in the number of curb cuts or change in direction of curb cuts, and change in point of discharge of water.

A change in the use of a building or property with said change in use being a permitted use in the applicable zoning district, does not require the site plan to be reviewed.

(B)

Minor Variation Definition. A minor variation, which is defined as a variation that is not a major variation, may be approved by the Community Development Director or referred as outlined in 7.5.4. Major Variation (below) of this Ordinance at the discretion of the Community Development Director.

In regards to property being developed which does not require an approved site plan by Planning Commission or City Council, no deviation from the site plan submitted at the time of building permit application shall be allowed unless an application for amendment is made by the applicant and approved by the Community Development Director.

7.5.4. Major Variation. Major variation to the site plan shall occur in the same manner as the original application.

7.5.5. Appeals. Any person aggrieved by the decision of the Community Development Director may appeal to the Planning Commission and City Council. Notice of such appeal shall be given within thirty (30) business days after the decision of the community development department, and the department shall cause the appeal to be set for hearing before the Planning Commission and City Council.

7.5.6. Fees. Refer to the adopted Zoning Ordinance Fee Schedule for fees.

7.5.7. Applicant Initiated Elimination of Existing Site Plans. With the exception of special use permits and planned unit developments, applicants for site plans approved in conjunction with a rezoning request prior to the adoption of this Ordinance may apply for a public hearing as prescribed in 7.2 Zoning Amendments (Page 171) before the Planning Commission and City Council to request elimination of said site plan.

7.5.8. Expiration of Site Plans. The approval of a site plan shall be effective for a period of three (3) years from the date of approval by the City Council or City Staff, at the end of which time the applicant must have submitted and received approval of building permit or the Community Development Director determines that the applicant has demonstrated substantial progress toward the completion of the project for which the site plan was approved.

(A)

Null and void. If a building permit is not approved or the Community Development Director determines no substantial progress has been made, the site plan approval is null and void.

(B)

Partial expiration. If permits have been approved only for a portion of the property and for improvements, the site plan for the remaining property and/or improvements shall be null and void.

(C)

Submission of new a site plan. The applicant shall be required to submit a new site plan for review and approval subject to the then existing regulations.

(Ord. No. 3131, § 2, 10-26-10)

7.6.1. General Description and Authorization. The uses listed under the various districts as special use permits are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district.

(A)

Consideration for compatibility. With consideration given to setting, physical features, compatibility with surrounding land uses, traffic, and aesthetics, certain uses may locate in an area where they will be compatible with existing or planned land uses.

(B)

Review and approval. The Planning Commission shall review each case on its own merit, apply the criteria established herein, and recommend either approval or denial of the special use permit to the City Council.

Following the Planning Commission's recommendation, the City Council shall review each case on its own merit, apply the criteria established herein, and, if appropriate, authorize said use by granting a special use permit.

(C)

Use identified by individual zoning district. If a special use permit is granted it shall be for all the uses permitted in the specified district plus the special use permit requested.

7.6.2. Application. Application and public hearing procedures for a special permit shall be completed in the same manner as an application for rezoning. A site plan shall be included with the application as outlined in 7.5 Site Plan (Page 183).

7.6.3. Criteria for Special Permit Approval.

(A)

Special use permit criteria. The City Council shall use the following criteria to evaluate a special use permit:

(1)

Whether the proposed use shall be in harmony with the policies of the comprehensive plan.

(2)

Whether the proposed use shall be in harmony with the general purpose and intent of the applicable zoning district regulations.

(3)

Whether the proposed use shall not adversely affect the use of neighboring properties.

(4)

Whether the proposed use shall not generate pedestrian and vehicular traffic that is hazardous or in conflict with the existing and anticipated traffic in the neighborhood.

(5)

Whether utility, drainage, parking, loading, signs, lighting access and other necessary public facilities to serve the proposed use shall meet the adopted codes of the city.

(B)

Specific conditions. The City Council may impose specific conditions on any special use permit regarding:

(1)

The duration of the permit;

(2)

The location, design, operation, and screening to assure safety;

(3)

To prevent a nuisance; and

(4)

To control the noxious effects of excessive sound, light, odor, dust or similar conditions.

7.6.4. Status of Special Use Permits. Once a special use permit has been granted for a lot, said special use permit may not be expanded to another lot without application for a new special use permit.

Provided, however, churches may expand if the property on which said church will be located is owned, as reflected by official records kept by the Registrar of Deeds for Oklahoma County, Oklahoma, on or prior to June 22, 1982.

7.6.5. Expiration of Special Use Permits. All special use permits shall expire by default:

(A)

Non-establishment.

(1)

If the use is not established within twelve (12) months and no extension is approved.

(2)

When a building permit has not been issued for construction within twelve (12) months of City Council approval the applicant or owner may request a hearing for an extension of the initial special use permit approval.

(3)

Good cause for an extension shall mean that the owner shows evidence that he has contractors or applications for continual development within the next year following the original approval.

(B)

Discontinuance. If the use once established has been discontinued for a period of twelve (12) months or abandoned.

(C)

Lack of substantial compliance. Whenever the Community Development Director finds that any proposed construction or occupancy will not, in his opinion, substantially comply with the special use permit, he shall refer the question to the City Council for its review.

(D)

Amendment. When the holder of a special use permit determines that an extension of time or modification of the use is necessary, he may apply for amendment in the same manner as the original application. The amendment shall be processed in the same manner as an original application.

(Ord. No. 3131, § 2, 10-26-10; Ord. No. 3543, § 1, 11-14-23)

7.7.1. Purpose. The Board of Adjustment is authorized in specific cases to grant a variance from the terms, standards and criteria that pertain to an allowed use category within a zoning district as authorized by the Zoning Ordinance when such cases are shown not to be contrary to the public interest if, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in an unnecessary hardship and so that the spirit of the ordinance shall be observed and substantial justice done; provided, however, the board shall have no power to authorize variances except as provided in 7.7.3. Powers Relative to Variance (below).

7.7.2. Variance Criteria. A variance from the terms, standards and criteria that pertain to an allowed use category within a zoning district as authorized by the Zoning Ordinance may be granted, in whole, in part, or upon reasonable conditions, only upon a finding by the Board of Adjustment that:

(A)

Unnecessary hardship. The application of the ordinance to the particular piece of property would create an unnecessary hardship;

(B)

Unique property conditions. Such conditions are peculiar to the particular piece of property involved;

(C)

No substantial detriment to the public good. Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the ordinance or the comprehensive plan; and

(D)

Minimum necessary to alleviate the unnecessary hardship. The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship.

7.7.3. Powers Relative to Variance. Upon appeal, the Board of Adjustment is hereby empowered to permit the following variances:

(A)

Hear and decide oil and/or gas well applications. To hear and decide oil and/or gas applications or appeals unless prohibited by city ordinance. The Board of Adjustment shall be required to make findings prescribed by 7.7.2. Variance Criteria (above) of this section in order to grant a variance as to use with respect to any such application or appeal.

(B)

Hear and decide variances to the Zoning Ordinance. To hear and decide variances to the Zoning Ordinance when such variances are shown not to be contrary to the public interest if owing to special conditions.

(Ord. No. 3131, § 2, 10-26-10)

7.8.1. Purpose. The Board of Adjustment is authorized to hear and decide special exceptions to the Zoning Ordinance to allow a use, or a specifically designated element associated with a use, which is not permitted by right in a particular district because of potential adverse effect, but which if controlled in the particular instance as to its relationship to the neighborhood and to the general welfare, may be permitted by the Board of Adjustment, where specifically authorized by the Zoning Ordinance in 7.8.2. Powers Relative to Special Exceptions (below) and in accordance with the substantive and procedural standards of the Zoning Ordinance.

7.8.2. Powers Relative to Special Exceptions. Upon appeal, the Board of Adjustment is hereby empowered to permit the following special exceptions:

(A)

Permit the extension of a district. To permit the extension of a district where the boundary line of said district was established by the municipal governing body and not by the application of the property owner. Said district boundary line must divide a single lot and said lot must be under single ownership, as evident by a recorded deed.

(B)

Interpret the provisions. To interpret the provisions of this Ordinance where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is attached to and made a part of this Ordinance.

(C)

Grant exceptions to the off-street parking requirements. To grant exceptions to the off-street parking requirements set forth in 5.3 Parking and Loading (Page 91) when it is determined that the size and shape of the lot to be built on is such that off-street parking provisions could not be complied with, and the proposed use will not create undue traffic congestion in the adjacent streets.

(D)

Permit temporary location of a manufactured home. To authorize by special permit the temporary location of one manufactured home in any zoning district for a period of time not to exceed twenty-four (24) months under the following conditions:

(1)

The manufactured home shall be connected with a suitable water supply and sewer system and shall be in conformance with the health and sanitation laws of the City, County and State.

(2)

The land on which the manufactured home is located shall be owned by the occupant thereof or the owner shall be related, in the first degree, to an occupant thereof.

(3)

Only one (1) manufactured home unit shall be permitted to locate on a lot. The manufactured home unit shall be temporary only for a period of time which shall not exceed twenty-four (24) months from the date of issuance of the permit.

(4)

It is intended that a single manufactured home unit is permitted to locate temporarily in an area that is relatively undeveloped. The location of manufactured homes, even on a temporary basis, in established residential areas is not considered desirable. Therefore, no manufactured home shall be permitted within one hundred (100) feet, including streets and alleys, of an existing dwelling and shall not be located on a lot containing less than one (1) acre.

(E)

Provide for modification of screening requirements. To provide for modification of screening requirements, as set forth in 5.2 Screening and Landscaping (Page 81), the Board of Adjustment may:

(1)

Modify or remove the screening requirements where existing physical features provide visual separation of uses (i.e., fence).

(2)

Grant an extension of time to erect a screen where properties which are to be benefitted by the screen are undeveloped.

(3)

Remove the screening requirement where the purpose of the screening requirement cannot be achieved (i.e., creek bank, topography, negates the benefits of screening).

If there are objecting property owners to the screening modification, the exception must be approved by three-fourths vote of the total membership.

(F)

Hear and decide special exceptions to specific uses. To hear and decide special exceptions to specific uses allowed within each zoning category according to the Zoning Ordinance in appropriate cases and subject to appropriate conditions and safeguards in harmony with its general purpose and intent and only in accordance with general or specific provisions contained in the Zoning Ordinance.

(G)

Provide for fencing in front of front and side setback building lines. To provide for fencing in front of front and side setback building lines under the following conditions:

(1)

Requests for front and side yard fences shall be considered exceptions and shall be processed pursuant to 7.1.5. Appeals (Page 169).

(2)

If fifty (50) percent or more of the property owners within the three hundred-foot radius of the area of request object to the proposed fencing, the request must be approved by three-quarters vote of the total membership of the Board of Adjustment.

(3)

If approved by the Board of Adjustment, any fencing must also meet the following conditions:

a.

Regardless of the type or height of fence constructed pursuant to this subsection, access for public safety services shall be maintained. Owners assume all responsibility for any losses incurred when the responding public safety services remove any impediment (e.g., locks, chains, animals).

b.

Fencing shall be structurally sound and kept in an attractive state and in good repair at all times.

c.

Front yard fencing must not be sight-proof either by construction or ornamentation and at all times shall allow clear vision while backing onto a street.

d.

Fencing shall contain at least one gate with an unobstructed clear width of three (3) feet at all times. If an archway is placed above the gate, then it shall retain a clearance of no less than seventy-eight (78) inches at all times.

e.

If additional right-of-way or sight triangles are required by the City Engineer, the property owner will dedicate these prior to issuance of a fence permit.

f.

Fence gates shall be constructed in such a manner so as to avoid vehicles having to remain in the paved right-of-way while the gate is being opened and closed.

g.

Fencing shall not obscure or restrict the access to any fire hydrant or any fire connection.

h.

Fencing shall not be located in the street right-of-way. It is the responsibility of the applicant to determine the property boundaries. In the event the fence is constructed in the right-of-way, it is the property owner's responsibility to move the fence.

i.

In the event there is not at least twelve (12) feet between the right-of-way line and the edge of paving, the fencing shall be set back at least twelve (12) feet from the edge of paving.

(H)

Provide for modification of the infill house size exception. To provide for modification of the infill house size exception, as set forth in 5.13 Infill Housing Exception to Minimum House Size (Page 133), the Board of Adjustment may:

(1)

Modify or remove the house size requirement, where existing physical features prohibit meeting the house size requirement.

(2)

Modify or remove the house size requirement, where meeting the house size requirement would be a detriment to the surrounding properties.

(Ord. No. 3131, § 2, 10-26-10)

7.9.1. Purpose. The purpose of a vested rights petition is to determine whether one or more standards of this Zoning Ordinance should not be applied to a plan or application, or whether certain permits are subject to expiration.

7.9.2. Applicability. A vested rights petition may be filed for an application, permit, or plan required under this Zoning Ordinance.

(A)

Who may petition. Any property owner who believes that she or he has obtained a vested right shall submit to the City Clerk a petition letter explaining the factual and legal bases upon which the property owner relies in her or his contention that she or he has a particular vested right and, consequently, is exempt or not subject to a particular City order, standard, regulation, ordinance, rule, expiration date, or other properly adopted requirement (hereinafter referred to collectively as "regulations").

7.9.3. Petition Requirements. The vested rights petition shall allege that the petitioner has a vested right that requires the City to review and decide the application under standards in effect prior to the effective date of the currently applicable standards. The petition shall include the following information and documents:

(A)

Narrative description for purpose of petition. A narrative description of the grounds for the petition, including a statement as to whether the petition asserts a vested right related to a specific regulation or to an entire project.

(B)

Copies of applications. A copy of each approved or pending application which is the basis for the contention that the City may not apply current standards to the application which is the subject of the petition.

(C)

Submittal date of first application. The submittal date of the first application that began the vesting process, as identified in 7.1.2. Completeness Review (Page 164).

(D)

Submittal date of subsequent applications. If applicable, the submittal dates of subsequent applications for the permits for the project.

(E)

Identification of vested regulations. Identification of all regulations otherwise applicable to the application from which relief is sought.

(1)

If a property owner contends that certain City regulations do not apply to a project, the property owner is expected to identify, with particularity, all requirements that the property owner contends do not apply.

(2)

Global references to a particular ordinance, or set of criteria, may be deemed insufficient and the City may consider the request for a vested rights determination to be incomplete and, hence, not subject to a staff determination at that time.

(F)

Identification of non-vested regulations. Identification of any current regulations which petitioner agrees can be applied to the application at issue.

(G)

Narrative description of how current regulations affect proposed use. A narrative description of how the application of current regulations affect proposed use of the land, landscaping or tree preservation, open space, or park dedication, lot size, lot dimensions, coverage or building size shown on the application for which the petition is filed.

(H)

Copies of prior vested rights determinations. A copy of any prior vested rights determination involving the same land.

(I)

Benchmarking project progress for expiring permits or applications. Whenever the petitioner alleges that a permit or application subject to expiration should not be terminated, a description of the events constituting progress toward completion of the project for which the permit subject to expiration was approved.

7.9.4. Vested Rights Determination.

(A)

Vested Rights Petition Processing. The City Clerk shall promptly forward the owner's vested rights request, along with any supporting information or documentation provided along with the request, to the Community Development Director and City Attorney for their respective reviews.

(B)

Determination by the Community Development Director. The Community Development Director, after consultation with the City Attorney, shall issue a final administrative determination of whether a vested right exists in relation to the project, and shall identify, with particularity, all claims for vested rights exists in relation to the project, and shall identify, with particularity, all claims for vested rights that have been granted and all claims for vested rights that have been denied.

The Community Development Director shall issue a final administrative determination with thirty (30) business days from the receipt of the City Clerk.

(C)

Vesting pre-determination conference. Prior to rendering his final determination, the Community Development Director may request a pre-determination conference with the owner to discuss the owner's vested rights claim and to ensure that the nature of the claim is fully and completely understood by the Community Development Director prior to a final determination being rendered.

7.9.5. Appeal to the City Council. If the property owner believes that the Community Development Director's vested rights determination is in error, the property owner shall have the right to appeal such determination to the City Council, which shall have jurisdiction to hear and decide the appeal pursuant to this Ordinance.

(A)

Vested Rights Petition. Vested Right Petitions shall be approved or denied in their entirety and shall not be modified.

(Ord. No. 3131, § 2, 10-26-10)

7.10.1. Violations and Penalties. Any person, firm, or corporation who violates any of the provisions of this Ordinance or fails to comply therewith, or with any of the requirements thereof, shall be deemed guilty of an offense, and shall be liable for a fine not to exceed the sum of one hundred dollars ($100.00), including costs, and each day such violations shall be permitted to exist shall constitute a separate offense.

The owner, or owners, of any building or premises or part thereof where anything in violation of this Ordinance shall exist, and any architect, builder, contractor, individual, person, firm, or corporation employed in connection therewith and who may assist in the commission of any such violation shall be deemed guilty of a separate offense, and upon conviction, shall be fined as herein provided.

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this Ordinance, the City of Midwest City, in addition to other remedies, may institute any proper action or proceedings to prevent such unlawful erection, construction, reconstruction, or alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about said premises.

(Ord. No. 3131, § 2, 10-26-10)