ADU rules in Midwest City

Midwest City lists 'Accessory Dwelling Unit, Attached or Detached' as its own residential use unit (§ 4.2.10), and the Table 4.9-1 use chart marks it permitted by right (X) in the A-1, R-35, R-22, R-10, R-8, R-6, R-2F, R-MD and R-HD districts; it is not listed in the manufactured home, mixed-use, office, commercial or industrial districts. A detached ADU, however, needs a lot of at least 12,000 square feet (§ 4.2.10(C)(2)), which is larger than the 6,000, 8,000 and 10,000 square foot minimum lots of the R-6, R-8 and R-10 districts, so many ordinary subdivision lots do not qualify without a variance. Only one ADU per lot is allowed, on the same lot as the main dwelling.

The same § 4.2.10 use unit covers attached ADUs: the unit 'may be placed adjacent to the main dwelling, with structural parts touching,' and may be new construction or a converted building such as a garage converted to a garage apartment. It is permitted by right in A-1 through R-HD, but an attached ADU requires a lot of at least 7,500 square feet (§ 4.2.10(C)(1)), so standard R-6 lots (6,000 square foot minimum) do not qualify while R-8 and larger lots usually do. Duplexes (use unit 4.2.2) are a separate by-right use only in R-2F, R-MD and R-HD.

Section 4.2.10(B) says the ADU 'shall not exceed fifty (50) percent of the size of the main dwelling', and the main dwelling and ADU together may never exceed the district's maximum building coverage (Table 3.2-1: 20% of lot area in A-1, 30% in R-35 and R-22, 40% in R-10, R-8, R-6 and R-2F single-family lots, higher in R-MD and R-HD). The code does not define 'size'; floor area is the natural reading. Section 4.2.10(E) makes the ADU meet 'the same development standards as the main dwelling unit', which brings in the district setbacks and the 35 foot height limit in A-1 through R-2F. There is no fixed square-foot cap in § 4.2.10 itself.

Neither § 4.2.10 nor any other section of the zoning regulations requires the owner to live in the main dwelling or the ADU; a full-text search of the code for owner-occupancy wording found nothing tied to accessory dwellings. Oklahoma has no state ADU statute, so this is purely a matter of local text, which is silent.

Table 5.3-2 (Specific Parking Requirements) lists '4.2.10. Accessory Dwelling Unit, Attached or Detached' at '1 space per dwelling unit', on top of the 2 spaces per dwelling unit required for the single-family main house (use unit 4.2.1). Section 5.3.1(A)(1) requires the added parking when a building is enlarged or converted by 'the adding of dwelling units'.

Table 4.9-1 marks the ADU use unit 'X', which § 4.9.1(A) defines as 'Uses permitted-by-right', in every district where it is allowed; no Special Use Permit (the 'S' designation, a Planning Commission and City Council hearing under § 7.6) is required. An ADU that meets § 4.2.10 needs only the ordinary building permit. A lot below the 7,500 or 12,000 square foot minimum would need a variance from the Board of Adjustment (§ 7.7), which is a discretionary hearing.

The zoning code places no rental, tenancy or occupancy restriction on an ADU beyond the general 'family' definition (up to five unrelated persons). Short-term rentals, defined as rental of a dwelling 'or any portion thereof, for a period of not more than thirty (30) days', require an annual license from the Engineering and Construction Services Department under Chapter 20, Article IV (Ord. No. 3536, 11-14-2023): a $50 application fee, $150 initial license, $100 renewal including one annual inspection, neighbor notification, a 24/7 local agent, all guest parking off the street, and payment of city sales and hotel taxes. Only residential, mixed-use or transit-oriented development properties may be used, and there is no primary-residence or owner-on-site requirement and no cap. The ADU must sit on the same lot as the main dwelling (§ 4.2.10(B)), so it cannot be split off for separate sale without a lot split that leaves each lot conforming.