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Milan City Zoning Code

ARTICLE I

General

Section 405.010 Title.

[Ord. No. 2802, 12-6-2021[1]]
This Chapter shall be known and may be referred to as the "Zoning Ordinance of the City of Milan, Missouri."
[1]
Editor's Note: Former Chapter 405, Zoning Regulations, containing Sections 405.010 through 405.1270, which derived from Ord. No. 2217, 7-2-2001, was repealed 12-6-2021 by Ord. No. 2802.

Section 405.020 Interpretation Of Standards.

[Ord. No. 2802, 12-6-2021]
In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements. Where this Chapter imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of this Chapter shall control. Where specific land, the requirements of any other ordinance of the City of Milan are more stringent or restrictive than the requirements set forth herein, nothing herein shall be construed to waive compliance with the provisions of such other ordinance.

Section 405.030 Conflicts Of Law.

[Ord. No. 2802, 12-6-2021]
A. 
In any case where a provision of this Chapter is found to be in conflict with a provision of any other ordinance, code, or regulation of the City, the provision which establishes the higher standard for the promotion and protection of the people shall prevail.
B. 
In any case where a provision of this Chapter is found to be in conflict with a provision of State law or rule, regulation notice or order promulgated or given pursuant to the authority of State law, the more stringent provision shall prevail, except as may be provided otherwise by State law or by rule, regulation notice or promulgated or given pursuant thereto.

Section 405.040 Definitions.

[Ord. No. 2802, 12-6-2021]
For the purpose of this Chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future, the singular number shall include the plural, and the plural the singular. The word "building" shall include the word "structure," the word "shall" is mandatory and not merely permissive or directory.
ACCESSORY STRUCTURE
A structure subordinate to, and only allowed with, the principal structure on a lot, and serving a purpose customarily incidental to the use of the principal building.
ACCESSORY USE OR STRUCTURE
A use subordinate to the principal use of a building on the lot, and serving a purpose customarily incidental to the use of the principal building.
ALLEY
A public way, for the use of vehicles affording a secondary means of access to abutting property.
APARTMENT
A room or suite of rooms in a multi-family dwelling intended or designed for use as a residence by a single family.
BASEMENT
A story, having part, but not more than one-half (1/2) of its height below grade. A basement is counted as a story.
BEGINNING OF CONSTRUCTION
The incorporation of labor and materials within the walls of a building or buildings.
BOARD OF ALDERMEN
The governing body of the City of Milan, Missouri; also known and referred to as the Board of Aldermen for purposes of this Chapter.
BUILDING
Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, or property.
BUILDING, HEIGHT OF
The vertical distance from the average, natural grade at the building line, to the highest point of the coping of a flat roof, or to the mean height level of the peak for gable, hip and gambrel roofs.
BULK STATIONS
Distributing stations commonly known as bulk or tank stations, used for the storage and distribution of flammable liquids, or liquefied petroleum products.
CELLAR
That portion of a building having more than one-half (1/2) of its height below grade. A cellar is counted as a story.
DISTRICT
A section or sections of the City within which the regulations governing the use of buildings and premises, or the height and area of buildings and premises are uniform.
DWELLING
A building, or portion thereof, which is designed, equipped, and used for residential purposes.
DWELLING, MULTI-FAMILY
A dwelling designed for, and occupied by more than two (2) families, or housekeeping units, living independently of each other. This category does not include mobile or manufactured homes.
DWELLING, SINGLE-FAMILY
A dwelling designed for and occupied exclusively by one (1) family, or housekeeping unit. This category does not include mobile or manufactured homes.
DWELLING, TWO-FAMILY
A dwelling designed for and occupied exclusively by two (2) families, or housekeeping units, living independently of each other. This category does not include mobile or manufactured homes.
FAMILY
One (1) or two (2) individual adults (referred to here as the "householders") and any number of children, grandchildren, foster children, wards, parents, brothers or sisters, and aunts or uncles of the householders and no more than one (1) other person unrelated to the householders, provided that the family may also include:
1.
Up to one (1) other person not related to the householders provided such person is living with the family on a not-for-profit basis; and
2.
Any number of servants employed by the household paid a wage and not in-kind.
The term "family" shall also mean a group of not more than four (4) persons not related by blood or marriage, living together by joint agreement, and occupying a single housekeeping unit with single kitchen facilities on a non-profit, cost-sharing basis.
FRONT
When used in connection with a building, the front of the building shall be the side of the building which faces a public or private street. Where more than one (1) side of a building faces a public or private street, the longest side of the building facing a street shall be considered the front.
FRONTAGE
All the property on one side of a street between two (2) intersecting streets measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one (1) side between an intersecting street and dead-end of the street.
GRADE
The average level of the finished surface of the ground adjacent to the building.
HOME OCCUPATION
Any occupation or activity carried on by a member of the immediate family residing on the premise in connection with which there is used no sign other than a nameplate affixed to the outer wall, of not more than one (1) square foot in area, which will indicate from the exterior that the building is being utilized in part for a purpose other than that of a dwelling; there is kept no stock in trade which is sold upon the premises, and no person is employed other than a member of the immediate family residing on the premises.
HOTEL
A building in which lodging or boarding and lodging are provided and offered to the public for compensation, and in which the ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours.
LOT
A parcel of land occupied, or intended for occupancy by one (1) main building, together with its accessory buildings officially approved, and having frontage upon a public street.
LOT LINES
The lines bounding a lot.
LOT OF RECORD
A lot which is part of a subdivision, the part of which has been recorded in the office of the County Recorder of Sullivan County; a tract or a parcel of land, the deed of which was recorded in the office of the County Recorder of Sullivan County prior to the adoption of this Chapter.
LOT WIDTH
The width of a lot is measured at the building line and at right angles to its depth.
LOT, CORNER
A lot abutting upon two (2) or more streets at their intersection.
LOT, DEPTH OF
The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE
A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
LOT, INTERIOR
A lot other than a corner lot.
MANUFACTURED HOME
A manufactured home is a structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. The term includes any structure that meets all of the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under Title 42 of the United States Code.
MOBILE HOME
A designation that is retained to identify manufactured homes built before the enactment of the HUD Code in 1976, and which are prohibited in any of the City's zoning districts. Mobile homes existing at the time of the adoption of this Chapter are considered non-conforming uses.
MODULAR HOME
A residential dwelling made up of units constructed substantially in a factory off-site and brought to the construction site for placement according to State of Missouri regulations as specified in Chapter 700, RSMo., and all applicable Code of State Regulations and other rules as specified by the Missouri Public Service Commission. Such structures must bear a seal of approval from the State affixed to each modular unit. Modular homes shall have all the requirements and characteristics of a traditional site-built dwelling.
MOTEL
A building, or group of attached or detached buildings containing individual sleeping or living units for overnight auto tourists, with garage attached, or parking facilities conveniently located near each such unit.
NON-CONFORMING USE
Any building, or land lawfully occupied by a use, which at the time of passage of this Chapter or amendments hereto, which does not conform after the passage of this Chapter or amendments thereto with the use regulations of the district in which it is situated.
RECREATIONAL VEHICLE/TRAILER
A vehicular-type unit primarily designed for temporary living quarters while camping or other recreational use or travel, which either has its own motive power or is mounted on or drawn by another vehicle. Examples are travel trailers, camping trailers, truck campers, motor homes, and other such units and nomenclature. All such units are allowed to be parked only in approved parks designated for such units. (Note: These types of units do not qualify as a mobile, manufactured, or modular home, defined elsewhere in this Chapter.) Structures that are on wheels, or which are not permanently attached to a foundation, and which are not a mobile home, manufactured home, or modular home, will be considered to be recreational vehicles.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is not a floor above it, then the space between the floor and the ceiling or roof next above it.
STORY, HALF
A space under a sloping roof which has the line of intersection of roof decking and the wall face not more than four (4) feet above the top floor level. A half-story containing independent apartments or living quarters shall be counted as a full story.
STREET
A public right-of-way that affords the principal means of access to abutting property.
STREET LINE
A dividing line between a lot, tract, or parcel of land and a contiguous street.
STRUCTURAL ALTERATION
Any replacement or changes in the type of construction or in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams, or girders, beyond ordinary repairs and maintenance, as may be required for the safety of the building.
STRUCTURE
Anything constructed or erected, the sum of which requires permanent location on the ground, or attached to something having a permanent location on the ground.
TINY HOMES
Structures designed for residential use which are brought to the site are substantially complete and in a single piece, and which are not modular homes, manufactured homes, recreational vehicles, or mobile homes will be considered to be "tiny homes" regardless of the size. Such structures shall not be allowed in any zone unless they are permanently attached to a foundation and can provide proof that they were constructed in compliance with the Building Code adopted by the City.
YARD
An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a lot for the purpose of determining the depth of a front yard, or the depth of the rear yard, the least distance between the lot line and the main building shall be used.
YARD, FRONT
A yard extending across the full width of the lot and measured between the front lot line and the building, or any projection thereof, other than the projection of the usual steps or unenclosed porches.
YARD, REAR
A yard extending across the full width of the lot and measured between the side lot lines and the building or any projections other than steps, unenclosed balconies, or porches. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. The rear yard shall in all cases be at the opposite end of the lot from the front yard.
YARD, SIDE
A yard extending from the front yard to the rear yard and measured between the side lot lines and the building, or any projection thereof.
ZONING ADMINISTRATIVE OFFICER
The individual appointed by the Board of Aldermen to administer and enforce the provisions of this Chapter.