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Milan City Zoning Code

ARTICLE XIII

Planning And Zoning Commission

Section 405.600 Purpose.

[Ord. No. 2802, 12-6-2021]
The purpose of this board is to prepare and submit a comprehensive development plan for adoption by the Board of Aldermen, to make recommendations for interpretation of the plans, act as a Zoning Commission, prepare and recommend rules controlling subdivision of land, recommend approval or disapproval of plats for land subdivision, and recommend legislation to further City planning.

Section 405.610 Composition, Appointments; Term, Qualifications, Vacancies, Compensation.

[Ord. No. 2802, 12-6-2021]
A. 
Members of this Commission shall consist of:
1. 
The Mayor (if he or she chooses to serve),
2. 
A Board of Aldermen member chosen by the Board of Aldermen (if he or she chooses to serve),
3. 
And no less than five (5) nor more than seven (7) citizens. If the Mayor or all of the Board members choose not to serve, additional citizens shall be appointed for a term of one (1) year each so that the minimum size of the Commission is not less than seven (7).
B. 
Terms.
1. 
Citizen members, except those serving in place of the Mayor or Board of Aldermen representative, shall serve a term of four (4) years.
2. 
The terms of citizen members first appointed shall be for varying periods to ensure that succeeding terms will be staggered.

Section 405.620 City Administrator To Designate Director.

[Ord. No. 2802, 12-6-2021]
The City Administrator shall designate the director of an administrative department as consultant and advisor to the Commission but such person shall not be a member of the Planning arid Zoning Commission.

Section 405.630 Attendance; Forfeiture.

[Ord. No. 2802, 12-6-2021]
The Chair of the commission is authorized to excuse any member from attendance at a Commission meeting; provided, that the member requested to be excused before the meeting. Any member who is absent, without being excused, from three (3) regular meetings in any twelve-month period shall automatically forfeit their office. Furthermore, any member who has a combination of five (5) or more excused or unexcused absences from regular meetings within any twelve-month period shall automatically forfeit their office. It shall be the duty of the Chair to promptly notify the Board of Aldermen of the vacancy.

Section 405.640 Officers, Organization, Rule, And Regulations; Quorum.

[Ord. No. 2802, 12-6-2021]
The Commission shall elect annually from among its members its own Chair, Vice-Chair, and Secretary, and from time to time provide such rules and regulations, not inconsistent with the ordinances of the City, for its own organization and procedure as it may deem proper.

Section 405.650 Powers And Duties - Generally.

[Ord. No. 2802, 12-6-2021]
A. 
The Commission shall have the authority and duty to:
1. 
Prepare and submit to the Board of Aldermen for its adoption a comprehensive plan for the physical development of the City and uses of land in the City. The plan may include the general location and character of residential, commercial, industrial, and other areas, the general location, character, and extent of streets, bridges, parks, waterways, and other public ways, grounds, and spaces, together with the general location of public buildings and other public property, public utilities, and the extent and location of any public housing or slum clearance projects;
2. 
Make recommendations in connection with the execution and detailed interpretation of the comprehensive plan;
3. 
Act as the Zoning Commission, in accordance with the provisions of present or future State zoning enabling acts;
4. 
Prepare and recommend to the Board of Aldermen rules controlling the subdivision of land;
5. 
Make recommendations regarding the approval or disapproval of plats for land subdivision. Such plats shall be referred to the Commission before the Board of Aldermen takes any action. Failure of the commission to act within sixty (60) days shall be deemed an approval;
6. 
Recommend from time to time legislation which may be desirable to further the purposes of City planning; and
7. 
Assume any other powers or duties as are provided for by the Board of Aldermen.

Section 405.660 Powers And Duties; Zoning Ordinance And Subdivision Plats.

[Ord. No. 2802, 12-6-2021]
A. 
The Commission may recommend to the Board of Aldermen such amendments or revisions to zoning ordinances as the Commission shall deem necessary or desirable for the promotion of the health, safety, morals, and general welfare of the inhabitants of the City. Such provisions may include regulations as to the location, width, height, and bulk of buildings; the size of yards, costs, and other open spaces surrounding buildings; and the use of buildings and land.
B. 
The Commission shall hear applications for amendments, modifications, or revisions of the Zoning Ordinance and Zoning Map, and shall forward such applications to the Board of Aldermen with its recommendations thereon after holding a public hearing.
C. 
The recommendations of the Commission shall not be binding upon the Board of Aldermen, which may approve or disapprove the Commission's findings. However, no plan, no zoning ordinance, nor any modification, amendment, or revision thereof, shall be finally considered by the Board of Aldermen unless the same shall have been first submitted to the Commission for its examination and recommendation;
D. 
All plats of proposed subdivisions presented to the Board of Aldermen for approval shall first be submitted to the Commission, which shall make recommendations to the Board of Aldermen with respect thereto.
E. 
The Commission shall make such reports to the Board of Aldermen as it may deem proper as required by the Board of Aldermen.

Section 405.670 Commission Disapproval - How Overruled.

[Ord. No. 2802, 12-6-2021]
Whenever the Commission adopts the plan of the municipality or any part thereof, no street or other public facilities, or any public utility, whether publicly or privately owned, and, the location, extent, and character thereof having been included in the recommendations and proposals of the plan or portions thereof, shall be constructed or authorized in the municipality until the location, extent, and character thereof has been submitted to and approved by the Planning Commission. In case of disapproval the Commission shall communicate its reasons to the Board of Aldermen, and the Board of Aldermen, by a vote of not less than two-thirds (2/3) of its entire membership, may overrule the disapproval and, upon the overruling the Board of Aldermen, or the appropriate board or officer, may proceed, except that if the public facility or utility is one where the authorization or financing of which does not fall within the province of the Board of Aldermen, then the submission to the Planning Commission shall be by the board having jurisdiction, and the Planning Commission's disapproval may be overruled by that board by a vote of not less than two-thirds (2/3) of its entire membership, the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for, sale, or lease of any street or other public facility is subject to similar submission and approval, and the failure to approve may be similarly overruled. The failure of the Commission to act within sixty (60) days after the date of official submission to it shall be deemed approval.