Milan City Zoning Code
ARTICLE XIV
Board Of Adjustment
Section 405.680 Authorized.
[Ord. No. 2802, 12-6-2021]
There shall be a Board of Adjustment consisting of five (5) members who shall be residents of the City. The board shall have such powers and duties as are provided by law or ordinance. No officer nor employee of the City of Milan may serve on the Board of Adjustment.
Section 405.690 Terms.
[Ord. No. 2802, 12-6-2021]
The terms of office of the members of the board shall be for five (5) years, except that the five (5) members first appointed shall serve respectively for terms of one (1), two (2), three (3), four (4), and five (5) years. Thereafter, all members shall be appointed by the Board of Aldermen for terms of five (5) years each. The members shall elect their own chairman, who shall serve for one (1) year. No member shall serve more than two (2) consecutive full terms. The terms of regular members shall be presumed to expire in May.
Section 405.700 Alternate Members.
[Ord. No. 2802, 12-6-2021]
Three (3) alternate members, who shall be residents of the City shall be appointed by the Board of Aldermen to serve in the absence of, or disqualification of, the regular members. The first three (3) alternates appointed shall serve for terms of three (3), four (4), and five (5) years, respectively. Thereafter, all alternates shall be appointed for five-year terms. The terms of alternate members shall be presumed to expire in November.
Section 405.710 Vacancies.
[Ord. No. 2802, 12-6-2021]
The vacancy of any member or alternate member shall be filled by appointment of the Board of Aldermen for the unexpired term only.
Section 405.720 Removal.
[Ord. No. 2802, 12-6-2021]
All members and alternates may be removed for cause by the Board of Aldermen, upon written charges after a public hearing.
Section 405.730 Office Location.
[Ord. No. 2802, 12-6-2021]
The office of the board shall be the office of the City Clerk, who shall serve as secretary to the board, be the custodian of records, arrange for its meetings, and perform such other duties, consistent with the provisions of this Chapter, as the adopted rules of the board require.
Section 405.740 Powers And Duties.
[Ord. No. 2802, 12-6-2021]
A.
The board may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of this Chapter in harmony with its general purpose and intent in accordance with general or specific rules herein contained.
B.
The board shall adopt rules in accordance with the provisions of this Chapter. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. Such chairman, or in the chairperson's absence, the acting chairperson may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of the proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. All testimony, objections thereto and rulings thereon shall be taken down by a reporter employed by the board for that purpose and who shall receive reasonable compensation for such from the City. The reporter shall furnish to any person or persons a transcript of all or part of such proceedings upon payment to him/her of a fee equal to that set forth in the Section 492.590(2), RSMo. The presence of four (4) members shall be necessary to constitute a quorum.
C.
Appeals to the board may be taken by any person aggrieved, or by any officer, department, board, or bureau of the City affected by any decision of an administrative official in the administration or enforcement of this Chapter. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board notice of appeal specifying the grounds thereof. 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. An applicant shall deposit a sum of one hundred twenty-five dollars ($125.00) to cover all expected costs of appeals, to include, but is not necessarily limited to, advertising said appeal in the local newspaper for fifteen (15) days, to provide for postage and other expenses to notify all property owners within one hundred eighty-five (185) feet from the property in question. If the aforementioned costs exceed one hundred twenty-five dollars ($125.00), said overage shall be taxed to the applicant as costs for the appeal. Any unexpended portions of the deposit shall be returned after the actual costs are finalized.
D.
An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board, after the notice of appeal shall have been filed with him/her, that by reason of facts stated in the certificate, a stay would, in his/her, opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of by a court of record, on application or notice to the officer from whom the appeal is taken and on due cause shown.
E.
The board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, including but not limited to notifying those neighboring landowners within one hundred eighty-five (185) feet from the property in question, and decide the same within a reasonable time. At the hearing, any party may appear in person by agent, or by an attorney.
F.
The board shall have the following specific powers:
1.
To hear and decide appeals where it is alleged there is an error in an order, requirement, decision, or determination made by an administrative official in the administration or enforcement of this Chapter;
2.
To hear and decide all matters referred to it or upon which it is required to pass under the provisions of the laws and ordinances of the City.
Section 405.750 Power To Grant Variances.
[Ord. No. 2802, 12-6-2021]
A.
The board shall have the power to grant variances as provided in this Section.
1.
Area Variances.
a.
Defined. An area variance is a variance to the regulations of this Chapter such as setbacks, minimum or maximum floor space, frontage requirements, area, height, density, or side line restrictions, architectural or structural design requirements, and sign guidelines, or any other similar requirement, but in no case shall include a variance to the permitted uses of the property.
b.
The Board of Adjustment may grant an area variance when the record shows that the property owner will have practical difficulties in developing the property in compliance with the existing regulations and only when the spirit and purpose of this Zoning Ordinance will be observed and the integrity and character of the zoned district will not be impaired. The term "practical difficulties" shall be interpreted to mean conditions unique to the particular property and not to conditions personal to the applicant.
2.
Use Variances.
a.
Defined. A use variance is a variance to the application of the regulations of this Chapter regarding the permitted uses of a property.
b.
The Board of Adjustment may grant a use variance only if the record shows that the strict enforcement of a zoning regulation would cause unnecessary hardship.
(1)
An unnecessary hardship shall not be considered to exist if the hardship is the result of actions taken by the applicant or his/her predecessors in interest.
(2)
Before the board may exercise its discretion and grant a variance upon the ground of unnecessary hardship, the record must show that:
(a)
The land in question cannot yield a reasonable return if used only for a purpose allowed in that zone;
(b)
The plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood which may reflect the unreasonableness of the Zoning Ordinance itself; and
(c)
The use to be authorized by the variance will not alter the essential character of the locality.
3.
In considering all appeals and proposed exceptions or variations to this Chapter, any board, Commission, or official shall, before making any exceptions or variations, first determine the following:
a.
That it will not impair the safety and welfare of the occupants of adjoining and surrounding property.
b.
That health has been adequately safeguarded.
c.
That it will not impair an adequate supply of light and air to adjacent property.
d.
That it shall not overly increase congestion in the public street.
e.
That it shall not increase the public danger of fire and safety.
f.
That it shall not diminish or impair established property values in surrounding areas.
g.
That granting any exception or modification will not violate the general spirit and intent of this Chapter overall or of the particular zone in which it is to be located.
4.
Use Of Existing Lots Of Record. In any district where dwellings are permitted, a single-family dwelling may be located on any lot or plot of official record as of the effective date of this Chapter, irrespective of its area or width, provided that a variance is obtained from the Board of Adjustment and provided that:
a.
The side yard width of any such lot shall not be less than ten percent (10%) of the width of the lot and in no case less than five (5) feet.
b.
The depth of the rear yard of any such lot shall be not less than twenty percent (20%) of the depth of the lot but in no case less than ten (10) feet.
5.
Structures Permitted Above Height Limit. The building height limitations of this Chapter may be modified by the Board of Adjustment by issuing a variance as follows:
a.
Chimneys, fire towers, monuments, water towers, ornamental towers and spires, radio or television towers, or necessary mechanical appurtenances may be erected to a height in excess of the height regulations shown for a particular district.
b.
Public, semi-public, or public service buildings, hospitals, schools, when permitted in a district, may be erected to a height in excess of the height allowed in the district, provided that the building is set back from each property line at least one (1) foot for each foot of additional building height above the height limit in the district.
6.
Prohibited Variances. The Board of Adjustment shall have no power to modify the Zoning Map or amend the text of the zoning regulations.
Section 405.760 Additional Powers Of The Board.
[Ord. No. 2802, 12-6-2021]
A.
Where the boundary line of a district divides a single lot, the Board of Adjustment may determine which district's regulations shall apply.
B.
To reduce the parking and loading requirements in any of the districts whenever the character or use of the buildings is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
C.
To determine the district in which a commercial venture or industry is not specifically mentioned in this Chapter. Such classification shall be based upon comparison with other similar used specifically mentioned, and on any evaluation of its operation and effect upon land uses within the surrounding district or districts.
D.
To determine, in cases of uncertainty, the classification of any use not specifically enumerated in this Chapter.
Section 405.770 Decisions Of Board.
[Ord. No. 2802, 12-6-2021]
A.
In exercising any of its powers, such board may reverse or affirm, wholly or partly or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end, shall have all powers of the administrative official from whom the appeal is taken.
1.
The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter before the board.
2.
Any person or person, jointly or severally aggrieved by any decision of the board, any taxpayer, or any officer, department, board, or bureau of the municipality, may appeal a decision of the board to a court of competent jurisdiction.
3.
Nothing herein contained shall be construed to give or grant to the Board of Adjustment the power of authority to alter or change the Zoning Ordinance or the Zoning District Map, such power and authority being reserved to the Board of Aldermen in the manner hereinafter provided within the Article entitled Amendments.