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Milan City Zoning Code

ARTICLE III

General Regulations

Section 405.080 Conformance And Approval Required.

[Ord. No. 2802, 12-6-2021]
Except as hereinafter specified, no building, structure, or similar object, whether principal, accessory, temporary or permanent, shall be erected, placed, converted, enlarged, reconstructed, moved, or structurally altered, nor shall any building or land be used, which does not comply with all of the regulations of this Zoning Ordinance, and any other applicable City regulations nor shall any project begin before a zoning permit has been approved by the City.

Section 405.090 Non-Conforming Uses.

[Ord. No. 2802, 12-6-2021]
The lawful use of a building of land existing on the effective date of this Chapter may be continued, unless otherwise noted, although such use does not conform to the provisions hereof. If no structural alterations are made the non-conforming use of the building may be changed to another non-conforming use of the same, or of a more restricted classification. Whenever a non-conforming use has been changed to a more restricted use, or a conforming use such use shall not thereafter be changed to a less restricted use. The non-conforming use of a building may be hereafter extended throughout those parts of a building that were manifestly arranged or designed for such use at the enactment of this Chapter.

Section 405.100 Discontinuance Of Non-Conforming Use.

[Ord. No. 2802, 12-6-2021]
No premises, building or portion thereof, used in whole or part for non-conforming purposes according to the provisions of this Chapter, which hereafter become and remain vacant for a continuous period of two (2) calendar years shall again be used except in conformity with the regulations of the district in which such building or premises is situated.

Section 405.110 Damaged Non-Conforming Buildings.

[Ord. No. 2802, 12-6-2021]
No building which has been damaged by fire, explosion, act of God, or the public enemy, to the extent of more than fifty percent (50%) of the fair market value of the building immediately prior to the damage, shall be restored except in conformity with the regulations of the Chapter. If a building is damaged by less than fifty percent (50%) of the fair market value, it may be repaired or reconstructed, and used as before the time of the damage, provided that such repairs and reconstruction be done within six (6) months of the date of such damage.

Section 405.120 Accessory Buildings.

[Ord. No. 2802, 12-6-2021]
No accessory building shall be erected in any required court, or in any yard other than a rear yard except as provided hereinafter. Accessory buildings shall be at least three (3) feet from lot lines of adjoining lots which are in any "O-P", "R-1," or "R-2" District; on a corner lot they shall conform to the setback regulations on the side street; there shall be at least five (5) feet from any other separate building or structure on the same lot, and at least five (5) feet from any alley line, except that when any entrance to an accessory building faces the alley, said accessory building shall be at least twenty (20) feet from any alley line. Accessory buildings may be erected as part of the principal building or may be connected thereto by a breeze-way or similar structure, and such accessory building shall be considered as part of the principal building for all yard requirements. A carport or garage for a residence may be in a side yard provided that a full required side yard is provided between the garage or carport and the side lot line. An accessory building within fifty (50) feet of the front lot line shall have a full side yard between it and the side lot line. Accessory buildings which are not a part of the main building shall not be more than fifteen (15) feet in height; however, this regulation shall not be interpreted to prohibit the construction of a five hundred fifty (550) square foot garage on a minimum rear yard.

Section 405.130 Corner Lots.

[Ord. No. 2802, 12-6-2021]
A. 
For corner lots platted after the effective date of this Chapter, the side street yard shall be equal in width to the setback regulation of the lots to the rear having frontage on the intersecting street. If there are not lots to the rear having frontage on the intersecting street, the side yard shall be not less than fifty percent (50%) of the front yard requirement.
1. 
On corner lots platted and of record at the time of the effective date of this Chapter, the same regulations shall apply, except that this regulation shall not be so interpreted as to reduce the buildable width of the corner lot facing an intersecting street to less than twenty-eight (28) feet not to prohibit the erection of an accessory building.

Section 405.140 Front Yard.

[Ord. No. 2802, 12-6-2021]
In any "O-P," "R-1," or "R-2" District there shall be a minimum front yard required as stated in the yard requirements for that particular district; provided that in no case shall the front yard depth be less than the smallest front yard depth of an existing building within two hundred (200) feet of either side lot line.

Section 405.150 Required Yard Cannot Be Reduced.

[Ord. No. 2802, 12-6-2021]
No lot shall be reduced in size so as to make the width or total area of the lot, or any yard or any other open space, less than the minimum required by this Chapter. No part of a yard, or other open space provided about a building or structure for the purpose of complying with the provisions of this Chapter, shall be included as part of a yard or other open space required under this Chapter for another building or structure.

Section 405.160 Off-Street Parking And Loading.

[Ord. No. 2802, 12-6-2021]
Off-street parking and loading areas may occupy all or part of any required yard or open space, except as otherwise specified in this Chapter.

Section 405.170 Building Lines On Approved Plats.

[Ord. No. 2802, 12-6-2021]
Whenever the plat of a land subdivision approved by the Planning and Zoning Commission and on record in the office of the County Recorder shows a set-back building line along any frontage for the purpose of creating a front or side yard line, the building line thus shown shall apply along such frontage in place of any other yard line required in this Chapter, unless specific yard requirements in this Chapter require a greater set-back.

Section 405.180 Dwellings Minimum Area.

[Ord. No. 2802, 12-6-2021]
All stand-alone dwelling buildings must have a minimum of one thousand one hundred (1,100) square foot living area.

Section 405.190 Mobile And Manufactured Homes.

[Ord. No. 2802, 12-6-2021]
A. 
Mobile homes are not allowed to be sited in any district. Mobile homes existing prior to the adoption of this Chapter are permitted as a non-conforming use.
B. 
Single-wide manufactured homes are permitted only in manufactured home parks. Existing single-wide manufactured homes located outside of a manufactured home park prior to the adoption of this Chapter are permitted as a non-conforming use.
C. 
Double-wide manufactured homes are permitted as single-family dwellings in certain districts as specified in the respective districts, provided they are: mounted on a permanent foundation according to all technical recommendations of the Missouri Public Service Commission (MPSC) and HUD regulations, use under skirting where applicable, have an initial/original manufacture date no older than five (5) years at the time of permit request, have tie downs in compliance with State laws, and are at least twenty-four (24) feet in width by forty-six (46) feet in length. Double-wide manufactured homes located outside of a manufactured home park and not in conformance to this Section prior to the adoption of this Chapter are permitted as a non-conforming use, provided that they comply with the skirting, tie-down, and foundational requirements of this Section.

Section 405.200 Recreational Vehicles.

[Ord. No. 2802, 12-6-2021]
Recreational vehicles are permitted to be inhabited in any district for a period of no more than seven (7) days in any six-month period. Occupied recreational vehicles are permitted at all times in approved trailer parks, but not manufactured home parks, except if unoccupied for storage purposes. Storage of a single uninhabited recreational vehicle owned by the occupant of the property shall be considered a conditional use. In granting such use the Commission shall consider how the recreational vehicle will be stored but shall not permit storage in front of the front plane of the house or on any public street.

Section 405.210 Fences.

[Ord. No. 2802, 12-6-2021]
A. 
Residential And Open Space Districts (unless otherwise noted).
1. 
All new fence construction, as well as reconstruction of exiting fences, must obtain a permit from the City before construction begins.
2. 
All fences must be set back from lot property lines and rights-of-way at least three (3) feet.
3. 
In all districts, fences bordering a right-of-way and/or City property may be subject to additional/special requirements due to public interest concerns as determined by the Zoning Administrator.
B. 
Heights of fences shall be as follows: Front: Not to exceed four (4) feet. Rear and Sides: Not to exceed seven (7) feet, except for those on corner lots. On corner lots, in all districts for the purposes of traffic safety no fences, plantings, or other structures shall be constructed or maintained within thirty (30) feet of any corner lot street line intersection, which would impair the sight distance of the operator of a motor vehicle, as determined by the Zoning Administrator.
C. 
No fence abutting rights-of-way shall be constructed of, or use, the following:
1. 
A single wire or two (2) wires between posts or supports;
2. 
Light-gauge wire, poultry wire, rabbit wire, hog wire, bamboo, corrugated panels, cloth, canvas, or other non-substantial materials; or
3. 
Barbed wire, razor wire, imbedded glass or spikes, electrified, and similar injury-producing material.
D. 
Also, for fences abutting rights-of-way:
1. 
No fence shall be constructed or maintained in such a manner or of such design or of such material so as to be hazardous or dangerous to persons or animals.
2. 
All fences must be kept in good repair and constructed of standard fencing type material.
3. 
All support structures for a fence shall be located on the inside of the fence (away from the right-of-way), and shall be constructed with the smooth side facing outward from the enclosed property. All doors must open to the inside away from any rights-of-way.
4. 
All fences shall be constructed in a workmanlike manner and be maintained in a reasonable condition, including in a secure, upright position, and any deteriorated or rusted fencing materials or other structural elements shall be replaced in a timely manner with materials of the same type and quality.
5. 
No fence or other structure shall obstruct the flow of storm water or inhibit the periodic clearing of ditches.