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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : CITIES, TOWNS AND VILLAGES
Chapter : Chapter 89 Zoning and Planning
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The provisions of sections 89.010 to 89.140 shall apply to all
cities, towns and villages in this state. (RSMo 1939 § 7423, A.L. 1941 p.
460, A.L. 1957 p. 274)
Prior revision: 1929 § 7270
(1969) A comprehensive zoning ordinance is subject to referendum as this
section is not a preemption by the state in the field of zoning and does
not operate as an exclusion of section 78.220. State ex rel. Wahlmann v.
Reim (Mo. en banc), 445 S.W.2d 336.
1. For the purpose of promoting health, safety, morals or the
general welfare of the community, the legislative body of all cities,
towns, and villages is hereby empowered to regulate and restrict the
height, number of stories, and size of buildings and other structures,
the percentage of lot that may be occupied, the size of yards, courts,
and other open spaces, the density of population, the preservation of
features of historical significance, and the location and use of
buildings, structures and land for trade, industry, residence or other
purposes.
2. For the purpose of any zoning law, ordinance or code, the
classification single family dwelling or single family residence shall
include any home in which eight or fewer unrelated mentally or physically
handicapped persons reside, and may include two additional persons acting
as houseparents or guardians who need not be related to each other or to
any of the mentally or physically handicapped persons residing in the
home. In the case of any such residential home for mentally or physically
handicapped persons, the local zoning authority may require that the
exterior appearance of the home and property be in reasonable conformance
with the general neighborhood standards. Further, the local zoning
authority may establish reasonable standards regarding the density of
such individual homes in any specific single family dwelling neighborhood.
3. No person or entity shall contract or enter into a contract which
would restrict group homes or their location as defined in this section
from and after September 28, 1985.
4. Any county, city, town or village which has a population of at least
five hundred and whose boundaries are partially contiguous with a portion
of a lake with a shoreline of at least one hundred fifty miles, shall
have the authority to enforce its zoning laws, ordinances or codes for
one hundred yards beyond the shoreline which is adjacent to its
boundaries. In the event that a lake is not large enough to allow any
county, city, town or village to enforce its zoning laws, ordinances or
codes for one hundred yards beyond the shoreline without encroaching on
the enforcement powers granted another county, city, town or village
under this subsection, the counties, cities, towns and villages whose
boundaries are partially contiguous to such lake shall enforce their
zoning laws, ordinances or orders under this subsection pursuant to an
agreement entered into by such counties, cities, towns and villages.
5. Should a single family dwelling or single family residence as defined
in subsection 2 of this section cease to operate for the purpose as set
forth in subsection 2 of this section, any other use of such home, other
than allowed by local zoning restrictions, must be approved by the local
zoning authority.
6. For purposes of any zoning law, ordinance or code the classification
of single family dwelling or single family residence shall include any
private residence licensed by the division of family services or
department of mental health to provide foster care to one or more but
less than seven children who are unrelated to either foster parent by
blood, marriage or adoption. Nothing in this subsection shall be
construed to relieve the division of family services, the department of
mental health or any other person, firm or corporation occupying or
utilizing any single family dwelling or single family residence for the
purposes specified in this subsection from compliance with any ordinance
or regulation relating to occupancy permits except as to number and
relationship of occupants or from compliance with any building or safety
code applicable to actual use of such single family dwelling or single
family residence. (RSMo 1939 § 7412, A.L. 1957 p. 274, A.L. 1959 H.B.
493, A.L. 1985 H.B. 552, A.L. 1989 S.B. 11)
(1957) City ordinance delegating to city council the discretionary power
to enforce zoning regulations held valid. State ex rel. Ludlow v. Guffey
(Mo.) 306 S.W.2d 552.
(1957) Power of eminent domain vested in school districts for the
selection of sites and location of schools, cannot be controlled by city
zoning ordinance. State ex rel. St. Louis Union Trust Co. v. Ferris
(Mo.), 304 S.W.2d 896.
(1958) Where zoning of area as local business district was part of
comprehensive zoning plan, it was not proper to look only to the uses of
property in the particular district to determine whether the
classification was reasonable as applied to owner's property, and
further, where there were 35 residences and but three or four non-
conforming uses in the district, the classification preventing use of
owner's property as supper club was not unreasonable. Downing v. City of
Joplin (Mo.), 312 S.W.2d 81.
(1959) Since kinds of structures subject to control listed by this
section do not include churches, it does not authorize cities to control
their location within a city. Congregation Temple Israel v. City of Creve
Coeur (Mo.), 320 S.W.2d 451.
(1961) Under this section the city has no right to impose upon landowners
aesthetic standards for buildings they choose to erect. Accordingly
ordinance requiring buildings to conform to certain architectural
standards held void. State ex rel. Magidson v. Henze (A.), 342 S.W.2d 261.
(1962) Where individual operated a junkyard within an area subsequently
zoned as two-family residential, he could not be deprived of his right to
operate the junkyard unless he had abandoned the junkyard business. State
ex rel. Capps v. Bruns (A.), 353 S.W.2d 829.
(1963) Provision of zoning ordinance that in class A residential
districts buildings were to be used only for single-family dwellings,
churches, public schools and accessory buildings was unconstitutional as
applied to landowners who had operated a private school for profit before
incorporation of village and adoption of zoning ordinance and who were
denied permit to erect an additional school building on their land.
Urnstein v. Village of Town and Country (Mo.), 368 S.W.2d 390.
(1963) Refusal to rezone vacant tract classified as residential to
commercial was unreasonable and arbitrary and infringed plaintiff's
rights under due process clause where maintenance of residential zoning
bore no substantial relationship to public health, safety, morals or
general welfare and where property was three times more valuable as
commercial property and was not suited to residential development in view
of adjacent commercial development and traffic conditions. Huttig v. City
of Richmond Heights (Mo.), 372 S.W.2d 833.
(1967) The exercise of the zoning powers delegated to cities including
the enactment of ordinances amending the comprehensive plan is a
legislative function and, as a general rule, courts will not inquire into
the interests or motives of the members of a municipal legislative
function. Strandburg v. Kansas City (Mo.), 415 S.W.2d 737.
(1976) Denial to members of a religious society of whom only one was a
priest and the others were laymen who did not have the religious ministry
as a primary and regular vocation, of an occupancy permit to occupy an
existing residence as their home in an area zoned single- family
residential was not a denial of their constitutional rights under the
freedom-of-worship and due process clauses of the Missouri Constitution.
Association for Educational Development v. Hayward (Mo.), 533 S.W.2d 579.
(1979) The zoning power of a municipality under §§ 89.010 to 89.140 does
not authorize a municipality to restrict or limit use of public property
for public purposes. City of Kirkwood v. City of Sunset Hills (A.), 589
S.W.2d 31.
(1993) Section is plain and unambiguous and provision of statute that
addresses homes where unrelated physically or mentally handicapped
persons reside does not require city to allow up to eight nonrelated
individuals recovering from alcohol or drug abuse to live in single
residence in single-family residential district. City of St. Joseph v.
Preferred Family Healthcare, Inc., 859 S.W.2d 723 (Mo. App. W.D.).
(1994) Where statute provides that, for zoning purposes, single family
residence includes group homes for eight or fewer physically or mentally
handicapped persons and up to two caretakers, statute does not provide
ceiling or express state policy limiting group homes to eight residents.
Oxford House-C v. City of St. Louis, 843 F.Supp. 1556 (E.D. Mo.).
For any or all of said purposes the local legislative body may
divide the municipality into districts of such number, shape, and area as
may be deemed best suited to carry out the purposes of sections 89.010 to
89.140; and within such districts may regulate and restrict the erection,
construction, reconstruction, alteration or use of buildings, structures,
or land. All such regulations shall be uniform for each class or kind of
buildings throughout each district, but the regulations in one district
may differ from those in other districts. (RSMo 1939 § 7413)
Prior revision: 1929 § 7260
(1963) This act does not authorize the adoption of a one-use district
zoning ordinance and city zoning ordinance which placed all territory in
city in single family dwelling district, except as ordinance might be
amended thereafter, was invalid. City of Moline Acres v. Heidbreder
(Mo.), 367 S.W.2d 568.
Such regulations shall be made in accordance with a comprehensive
plan and designed to lessen congestion in the streets; to secure safety
from fire, panic and other dangers; to promote health and the general
welfare; to provide adequate light and air; to prevent the overcrowding
of land; to avoid undue concentration of population; to preserve features
of historical significance; to facilitate the adequate provision of
transportation, water, sewerage, schools, parks, and other public
requirements. Such regulations shall be made with reasonable
consideration, among other things, to the character of the district and
its peculiar suitability for particular uses, and with a view to
conserving the values of buildings and encouraging the most appropriate
use of land throughout such municipality. (RSMo 1939 § 7414, A.L. 1959
H.B. 493)
Prior revision: 1929 § 7261
(1963) Zoning ordinance amendment reclassifying a single piece of
property to permit use of the property for gasoline station was
unjustified by change of conditions and constituted illegal spot zoning.
Numer v. Kansas City (A.), 365 S.W.2d 753.
The legislative body of such municipality shall provide for the
manner in which such regulations and restrictions and the boundaries of
such districts shall be determined, established, and enforced, and from
time to time amended, supplemented, or changed. However, no such
regulation, restriction, or boundary shall become effective until after a
public hearing in relation thereto, at which parties in interest and
citizens shall have an opportunity to be heard. At least fifteen days'
notice of the time and place of such hearing shall be published in an
official paper or a paper of general circulation in such municipality.
(RSMo 1939 § 7415)
Prior revision: 1929 § 7262
(2000) Ordinance directed toward regulation of public health and safety,
as opposed to a zoning ordinance, does not require the statutory notice
and hearing prior to enactment. City of Green Ridge v. Kreisel, 25 S.W.3d
559 (Mo.App.W.D.).
Such regulations, restrictions, and boundaries may from time to
time be amended, supplemented, changed, modified or repealed. In case,
however, of a protest against such change duly signed and acknowledged by
the owners of thirty percent or more, either of the areas of the land
(exclusive of streets and alleys) included in such proposed change or
within an area determined by lines drawn parallel to and one hundred and
eighty-five feet distant from the boundaries of the district proposed to
be changed, such amendment shall not become effective except by the
favorable vote of two-thirds of all the members of the legislative body
of such municipality. The provisions of section 89.050 relative to public
hearing and official notice shall apply equally to all changes or
amendments. (RSMo 1939 § 7416, A.L. 1988 H.B. 923)
Prior revision: 1929 § 7263
(1960) Where only one of the owners of property held by the entireties
signed the petition for a protest against a zoning ordinance, the front
footage of the property so held could not be counted in determining the
sufficiency of the petition of protest. Accordingly, where a petition
which was deficient in that the number of front footage was not
represented, the board of aldermen could pass the ordinance by a mere
majority vote and the ordinance was valid. Marks v. Bettendorf's, Inc.
(A.), 337 S.W.2d 585.
(1962) Where evidence fell short of demonstrating that two of the five
aldermen voting for zoning amendment ordinance had the direct financial
interest in its passage, court refused to set aside purely legislative
action of city's legislative body on ground of public policy. Coffin v.
City of Lee's Summit (A.), 357 S.W.2d 211.
(1962) City council did not clearly, beyond reasonable doubt, act
arbitrarily, capriciously or unlawfully in amending zoning ordinance to
extend commercial zone and permitting bowling alley proprietor to enlarge
parking lot. Miller v. Kansas City (A.), 358 S.W.2d 100.
(1978) To change zoning regulations, there must be actual votes
affirmatively cast by three-fourths of all councilmen existing at time of
vote, and therefore, abstention cannot be considered as concurring with
the majority vote in favor of amendment. State ex rel. Stewart v. King
(A.), 562 S.W.2d 704.
In order to avail itself of the powers conferred by sections
89.010 to 89.140, such legislative body shall appoint a commission, to be
known as "The Zoning Commission", to recommend the boundaries of the
various original districts and appropriate regulations to be enforced
therein. Such commission shall make a preliminary report and hold public
hearings thereon before submitting its final report and such legislative
body shall not hold its public hearings or take action until it has
received the final report of such commission. Where a city plan
commission already exists, it may be appointed as the zoning commission.
(RSMo 1939 § 7417)
Prior revision: 1929 § 7264
(1959) Where amendment to zoning ordinance providing for zoning of newly
annexed land was made without any attempt to comply with sec. 89.070, the
amendment could not apply to land so annexed. State ex rel. Sims v.
Eckhardt (Mo.), 322 S.W.2d 903.
(1966) This section prescribes the procedure to be followed by the
legislative body availing itself in the first instance of the zoning
powers granted to all cities, towns, and villages in first establishing
zoning in a municipality. It relates only to the original zoning
ordinances fixing the boundaries of the original districts and
prescribing the regulations to be followed therein. The term "original
districts" refers to the establishment of zoning districts in areas not
previously zoned. Murrel v. Wolff (Mo.), 408 S.W.2d 842.
(1972) Interim zoning of land not yet legally annexed to city held not
authorized by statute. State ex rel. Holiday Park, Inc. v. City of
Columbia (Mo.), 479 S.W.2d 422.
Such local legislative body shall provide for the appointment of
a board of adjustment, and in the regulations and restrictions adopted
pursuant to the authority of sections 89.010 to 89.140 may provide that
the board of adjustment may determine and vary their application in
harmony with their general purpose and intent and in accordance with
general or specific rules therein contained. The board of adjustment
shall consist of five members, who shall be residents of the
municipality. The membership of the first board appointed shall serve
respectively, one for one year, one for two years, one for three years,
one for four years, and one for five years. Thereafter members shall be
appointed for terms of five years each. Three alternate members may be
appointed to serve in the absence of or the disqualification of the
regular members. All members and alternates shall be removable for cause
by the appointing authority upon written charges and after public
hearing. Vacancies shall be filled for the unexpired term of any member
whose term becomes vacant. The board shall elect its own chairman who
shall serve for one year. The board shall adopt rules in accordance with
the provisions of any ordinance adopted pursuant to sections 89.010 to
89.140. Meetings of the board shall be held at the call of the chairman
and at such other times as the board may determine. Such chairman, or in
his absence the acting chairman, 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 its proceedings, showing the vote
of each member upon 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. (RSMo 1939 § 7418, A.L. 1971 H.B.
320, A.L. 1990 H.B. 1070)
Prior revision: 1929 § 7265
1. The board of adjustment shall have the following powers:
(1) To hear and decide appeals where it is alleged there is error in any
order, requirement, decision, or determination made by an administrative
official in the enforcement of sections 89.010 to 89.140 or of any
ordinance adopted pursuant to such sections*;
(2) To hear and decide all matters referred to it or upon which it is
required to pass under such ordinance;
(3) In passing upon appeals, where there are practical difficulties or
unnecessary hardship in the way of carrying out the strict letter of such
ordinance, to vary or modify the application of any of the regulations or
provisions of such ordinance relating to the construction or alteration
of buildings or structures or the use of land so that the spirit of the
ordinance shall be observed, public safety and welfare secured and
substantial justice done, provided that, in any city with a population of
three hundred fifty thousand or more inhabitants which is located in more
than one county, the board of adjustment shall not have the power to vary
or modify any ordinance relating to the use of land.
2. In exercising the above-mentioned powers such board may, in conformity
with the provisions of sections 89.010 to 89.140, 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 the powers of the officer from whom the appeal is taken. The
concurring vote of four 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 upon which it is required to pass under any such ordinance or to
effect any variation in such ordinance. (RSMo 1939 § 7418, A.L. 1992 H.B.
1434 & 1490, A.L. 1993 S.B. 56, A.L. 1996 H.B. 956)
Prior revision: 1929 § 7265
*Word "section" appears in original rolls.
(1955) Board of Adjustment of St. Louis held entitled to appeal from
judgment reversing its order under zoning ordinance allowing use of
building as funeral parlor in area otherwise zoned as four-family
residential area. Cunningham v. Leimkuehler (A.), 276 S.W.2d 633.
(1957) Board of Adjustment exceeded its jurisdiction in granting a permit
to build a duplex in area zoned for single family dwellings only where
applicant did not show unnecessary hardship or practical difficulties,
notwithstanding section on zoning allowing special permits. Wilson v.
Douglas (A.), 297 S.W.2d 588.
Appeals to the board of adjustment may be taken by any person
aggrieved, by any neighborhood organization as defined in section 32.105,
RSMo, representing such person, or by any officer, department, board or
bureau of the municipality affected by any decision of the administrative
officer. 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 of adjustment a 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 appeal stays all
proceedings in furtherance of the action appealed from, unless the
officer from whom the appeal is taken certifies to the board of
adjustment after the notice of appeal shall have been filed with him that
by reason of facts stated in the certificate a stay would, in his
opinion, cause immediate 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 adjustment or by a court of record
on application or notice to the officer from whom the appeal is taken and
on due cause shown. The board of adjustment 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, and decide the same within a
reasonable time. Upon the hearing any party may appear in person or by
agent or by attorney. (RSMo 1939 § 7418, A.L. 1997 S.B. 112)
Prior revision: 1929 § 7265
(1959) Notices of hearing before board of adjustment on application for
permit to make improvements on property which were posted in the front
and rear of the property and published in the city journal in accordance
with city ordinance held sufficient to give board jurisdiction over all
parties affected. Himmel v. Leimkuehler (A.), 329 S.W.2d 264.
Any person or persons jointly or severally aggrieved by any
decision of the board of adjustment, any neighborhood organization as
defined in section 32.105, RSMo, representing such person or persons or
any officer, department, board or bureau of the municipality, may present
to the circuit court of the county or city in which the property affected
is located a petition, duly verified, setting forth that such decision is
illegal, in whole or in part, specifying the grounds of the illegality.
Such petition shall be presented to the court within thirty days after
the filing of the decision in the office of the board. Upon the
presentation of such petition the court may allow a writ of certiorari
directed to the board of adjustment to review such decision of the board
of adjustment and shall prescribe therein the time within which a return
thereto must be made and served upon the relator's attorney, which shall
not be less than ten days and may be extended by the court. The allowance
of the writ shall not stay proceedings upon the decision appealed from,
but the court may, on application, on notice to the board and on due
cause shown, grant a restraining order. The board of adjustment shall not
be required to return the original papers acted upon by it, but it shall
be sufficient to return certified or sworn copies thereof or of such
portions thereof as may be called for by such writ. The return shall
concisely set forth such other facts as may be pertinent and material to
show the grounds of the decision appealed from and shall be verified. If,
upon the hearing, it shall appear to the court that testimony is
necessary for the proper disposition of the matter, it may take
additional evidence or appoint a referee to take such evidence as it may
direct and report the same to the court with his findings of fact and
conclusions of law, which shall constitute a part of the proceedings upon
which a determination of the court shall be made. The court may reverse
or affirm, wholly or partly, or may modify the decision brought up for
review. Costs shall not be allowed against the board unless it shall
appear to the court that it acted with gross negligence, or in bad faith,
or with malice in making the decision appealed from. All issues in any
proceedings under sections 89.080 to 89.110 shall have preference over
all other civil actions and proceedings. (RSMo 1939 § 7418, A.L. 1997
S.B. 112)
Prior revision: 1929 § 7265
(1965) This section was not meant to change the nature of the hearing
from one of review to one de novo on the merits, but was intended only to
allow further evidence that touches upon the procedural legality of the
hearings before the board. State v. Ladue Professional Building, Inc.
(A.), 395 S.W.2d 316.
(1974) Held that filing of a petition for a writ of certiorari within 30
days met requirement of "presented to the court". State ex rel. Monsey
Feager/Rouse-Waites v. McGuire (A.), 510 S.W.2d 449.
1. In case any building or structure is erected, constructed,
reconstructed, altered, converted or maintained, or any building,
structure or land is used in violation of sections 89.010 to 89.140 or of
any ordinance or other regulation made under authority conferred hereby,
the proper local authorities of the municipality, in addition to other
remedies, may institute any appropriate action or proceedings to prevent
such unlawful erection, construction, reconstruction, alteration,
conversion, maintenance or use, to restrain, correct, or abate such
violation, to prevent the occupancy of such building, structure, or land,
or to prevent any illegal act, conduct, business, or use in or about such
premises. Such regulations shall be enforced by an officer empowered to
cause any building, structure, place or premises to be inspected and
examined and to order in writing the remedying of any condition found to
exist therein or thereat in violation of any provision of the regulations
made under authority of sections 89.010 to 89.140.
2. The owner or general agent of a building or premises where a violation
of any provision of said regulations has been committed or shall exist,
or the lessee or tenant of an entire building or entire premises where
such violation has been committed or shall exist, or the owner, general
agent, lessee or tenant of any part of the building or premises in which
such violation has been committed or shall exist, or the general agent,
architect, builder, contractor or any other person who commits, takes
part or assists in any such violation or who maintains any building or
premises in which any such violation shall exist shall be guilty of a
misdemeanor punishable as follows:
(1) In any municipality contained wholly or partially within a county
with a population of over six hundred thousand and less than nine hundred
thousand, by a fine of not less than ten dollars and not more than five
hundred dollars for each and every day that such violation continues or
by imprisonment for ten days for each and every day such violation shall
continue or by both such fine and imprisonment in the discretion of the
court. Notwithstanding the provisions of section 82.300, RSMo, however,
for the second and subsequent offenses involving the same violation at
the same building or premises, the punishment shall be a fine of not less
than two hundred and fifty dollars or more than one thousand dollars for
each and every day that such violation shall continue or by imprisonment
for ten days for each and every day such violation shall continue or by
both such fine and imprisonment in the discretion of the court;
(2) In all other municipalities, by a fine of not less than ten dollars
and not more than one hundred dollars for each and every day that such
violation continues, but if the offense be willful on conviction thereof,
the punishment shall be a fine of not less than one hundred dollars or
more than two hundred and fifty dollars for each and every day that such
violation shall continue or by imprisonment for ten days for each and
every day such violation shall continue or by both such fine and
imprisonment in the discretion of the court.
3. Any such person who having been served with an order to remove any
such violation shall fail to comply with such order within ten days after
such service or shall continue to violate any provision of the
regulations made under authority of sections 89.010 to 89.140 in the
respect named in such order shall also be subject to a civil penalty of
two hundred and fifty dollars. (RSMo 1939 § 7419, A.L. 1989 H.B. 498,
A.L. 1998 H.B. 977 & 1608)
Prior revision: 1929 § 7266
*This section was amended by both H.B. 977 & 1608 and H.B. 1352 during
the 2nd Regular Session of the 89th General Assembly, 1998. Due to
possible conflict, both versions are printed here.
Wherever the regulations made under authority of sections 89.010
to 89.140 require a greater width or size of yards, courts, or other open
spaces, or require a lower height of building or less number of stories,
or require a greater percentage of lot to be left unoccupied, or impose
other higher standards than are required in any other statute or local
ordinance or regulation, the provisions of the regulations made under
authority of sections 89.010 to 89.140 shall govern. Wherever the
provisions of any other statute or local ordinance or regulation require
a greater width or size of yards, courts, or other open spaces, or
require a lower height of building or a less number of stories, or
require a greater percentage of lot to be left unoccupied, or impose
other higher standards than are required by the regulations made under
authority of sections 89.010 to 89.140, the provisions of such statute or
local ordinance or regulation shall govern. (RSMo 1939 § 7420)
Prior revision: 1929 § 7267
Wherever any municipality pursuant to an act of the legislature
of this state shall have adopted an ordinance or ordinances for any of
the purposes covered by sections 89.010 to 89.140, such ordinance or
ordinances shall be deemed to have been adopted under the provisions of
sections 89.010 to 89.140, and it shall not be necessary in such cases
for the local legislative body to appoint a zoning commission as provided
in section 89.070. All such ordinances shall remain in full force and
effect, except so far as they shall be inconsistent with the provisions
of sections 89.010 to 89.140, until they shall have been amended, altered
or repealed by such legislative body. (RSMo 1939 § 7421, A. 1949 H.B.
2037)
Prior revision: 1929 § 7268
1. Any zoning law, ordinance or code enacted on or before August
28, 1990, by the governing body of any county, or any city, town or
village containing a population of more than five hundred persons, as
determined based upon the last previous decennial census of the United
States, shall contain or be modified to contain appropriate provisions
establishing as a permissive, conditional, or special use, the location
and use of buildings, structures and land as residential or outpatient
facilities for the treatment of alcohol and other drug abuse.
2. Any county, or such city, town, or village which fails to modify its
zoning law, ordinance or code by January 1, 1991, to provide for
classification as set out in subsection 1 of this section shall be deemed
to have adopted the classification of commercial or an equivalent
classification for such treatment facilities.
3. If a county, or such city, town, or village, initially adopts a zoning
ordinance or code after August 28, 1990, it shall contain appropriate
provisions establishing as a permissive, conditional, or special use, the
location and use of buildings, structures and land as residential or
outpatient facilities for the treatment of alcohol and other drug abuse.
If such a zoning law, ordinance, or code does not contain such
provisions, the county, or such city, town, or village shall be deemed to
have adopted the classification of commercial or an equivalent
classification for such treatment facilities.
4. The local zoning authority may require that the exterior appearance of
the facility and property be in reasonable conformance with the general
standards in the area. Further, the local zoning authority may establish
reasonable standards regarding the density of such residential treatment
facilities in any specific neighborhood. (L. 1990 S.B. 728 § 1)
1. Any third class city having a population of more than
twenty-five thousand inhabitants may, by ordinance, adopt and enforce
regulations governing zoning, planning, subdivision and building within
all or any portion of the unincorporated area extending two miles outward
from the corporate limits of the city if the city has a zoning commission
and a board of adjustment established pursuant to sections 89.010 to
89.140. When authorized by ordinance, the zoning commission and the board
of adjustment of the city shall have the same powers within the
unincorporated area as they have within the corporate limits of the city.
2. The ordinances, before passage, must be approved by order of the
county commission of the county in which the unincorporated area is
located and the ordinances shall not be more, but may be less,
restrictive than the ordinances governing zoning, planning, subdivision
and building within the corporate limits of the city. If building permits
are required by the ordinances, they shall be issued without fee.
3. In the event the county in which the unincorporated area is located
shall create a county planning commission and the planning commission
shall adopt an official master plan for the unincorporated areas of the
county in accordance with the provisions of chapter 64, RSMo, the
authority granted the city under the terms of this section shall
terminate. (L. 1971 H.B. 145)
1. Any constitutional charter city having a population of more
than thirty-five thousand inhabitants, located in any county of the first
class not having a charter form of government or in any county of the
second class, may, by ordinance, adopt and enforce any and all
regulations governing zoning, planning, subdivision and building within
all unincorporated area extending up to two miles outward from the
corporate limits of the city if the city has a zoning commission and a
board of adjustment established pursuant to sections 89.010 to 89.140.
When authorized by ordinance, the zoning commission and the board of
adjustment of the city shall have the same powers within the above county
as they have within the corporate limits of the city.
2. The ordinances, before passage, must be approved by order of a
majority of the county commission of the county in which the city is
located and the ordinances shall not be more, but may be less,
restrictive than the ordinances governing zoning, planning, subdivision
and building within the corporate limits of the city. Before the approval
of the ordinance, the county commission shall hold at least one public
hearing thereon, fourteen days' notice of the time and place of which
shall be published in at least one newspaper having general circulation
within the county; the notice of such hearing shall also be posted at
least fourteen days in advance thereof in one or more public areas of the
courthouse of the county. Such hearing may be adjourned from time to time.
3. In the event the county in which such city is located creates a county
planning commission and the planning commission adopts an official master
plan for the unincorporated areas of the county in accordance with the
authority granted by sections 64.211 to 64.295, RSMo, or by sections
64.510 to 64.690, RSMo, the authority granted such constitutional charter
city under the terms of this section shall terminate. (L. 1959 S.B. 102,
A.L. 1974 1208, A.L. 1992 S.B. 571)
Effective 7-9-92
Whenever any city, town or village, located in a county of the
first class with a charter form of government annexes any unincorporated
territory, the zoning classification of the annexed territory shall
remain the same as it was prior to the annexation, unless the zoning
classification is affirmatively changed through the regular rezoning
procedures used by the annexing city, town or village. (L. 1991 S.B. 93 §
1)
The word "street", as used in sections 89.220 to 89.250, means
any public highway, esplanade, boulevard, parkway, square or street, or
any part or side, or part of the side, of any of the same. (RSMo 1939 §
7747)
Prior revision: 1929 § 7599
It shall be lawful for any city now having or which may hereafter
have five hundred thousand or more inhabitants to provide by ordinance
for the establishment of building lines on any public street. Such
building line shall be established by the same procedure as that provided
by law in such city for the acquiring of land for the opening of streets.
After the establishment of any such line no building or other structure
shall be erected, reconstructed or substantially repaired and no new
building or other structure or part thereof shall be reerected within
said lines so established. (RSMo 1939 § 7748)
Prior revision: 1929 § 7600
Whenever and wherever a building line shall be established as
aforesaid, all structures extending within such building lines shall be
required to conform to the new line within a period of not more than
twenty-five years from the time of establishing said lines, such time to
be provided in the ordinance providing for the establishment of such
line. At the expiration of the time limit in which all structures are so
required to conform to the new building line, the proper municipal
authorities shall proceed in the manner then provided by law relating to
condemnation proceedings by such cities to determine the additional
damages sustained by the removal of such structure then within the
building line and may in the same proceeding acquire the land within the
building lines or any part thereof as a street. (RSMo 1939 § 7749)
Prior revision: 1929 § 7601
In payment for the real estate, improvements and easements to be
taken and acquired for the establishment of such building lines as are
herein provided and of the damages sustained thereby, benefits shall be
assessed and collected in the same manner as provided by law in
proceedings in any such city for the acquiring of lands for the opening
of streets. (RSMo 1939 § 7750)
Prior revision: 1929 § 7602
This law shall not limit or abridge any power now or hereafter
conferred by law on such cities to establish building lines or take any
property or any interest therein by eminent domain. (RSMo 1939 § 7751)
Prior revision: 1929 § 7603
For the purpose of sections 89.300 to 89.480 the following terms
mean or include:
(1) "Council", the chief legislative body of the municipality;
(2) "Streets", any public ways;
(3) "Subdivision", the division of a parcel of land into two or more
lots, or other divisions of land; it includes resubdivision and, when
appropriate to the context, relates to the process of subdividing or to
the land or territory subdivided. (L. 1963 p. 146 § 1)
Any municipality in this state may make, adopt, amend, and carry
out a city plan and appoint a planning commission with the powers and
duties herein set forth. (L. 1963 p. 146 § 2)
The planning commission of any municipality shall consist of not
more than fifteen nor less than seven members, including:
(1) The mayor, if the mayor chooses to be a member;
(2) A member of the council selected by the council, if the council
chooses to have a member serve on the commission; and
(3) Not more than fifteen nor less than five citizens appointed by the
mayor and approved by the council. All citizen members of the commission
shall serve without compensation. The term of each of the citizen members
shall be for four years, except that the terms of the citizen members
first appointed shall be for varying periods so that succeeding terms
will be staggered. Any vacancy in a membership shall be filled for the
unexpired term by appointment as aforesaid. The council may remove any
citizen member for cause stated in writing and after public hearing. (L.
1963 p. 146 § 3, A.L. 1997 H.B. 831, A.L. 1999 H.B. 853)
1. The commission shall elect its chairman and secretary from
among the citizen members. The term of chairman and secretary shall be
for one year with eligibility for reelection. The commission shall hold
regular meetings and special meetings as they provided by rule, and shall
adopt rules for the transaction of business and keep a record of its
proceedings. These records shall be public records. The commission shall
appoint the employees and staff necessary for its work, and may contract
with city planners and other professional persons for the services that
it requires. The expenditures of the commission, exclusive of grants and
gifts, shall be within the amounts appropriated for the purpose by
council.
2. Where a zoning or planning commission exists on October 13, 1963, it
shall constitute the city planning commission for the purposes of
sections 89.300 to 89.480 in lieu of the commission provided for herein
with the same officers, membership procedures, powers and terms of office
as theretofore existing, unless the council otherwise provides; except in
a charter city where the provisions of the charter shall govern. (L. 1963
p. 146 § 4)
The commission shall make and adopt a city plan for the physical
development of the municipality. The city plan, with the accompanying
maps, plats, charts and descriptive and explanatory matter, shall show
the commission's recommendations for the physical development and uses of
land, and* may include, among other things, the general location,
character and extent of streets and other public ways, grounds, places
and spaces; the general location and extent of public utilities and
terminals, whether publicly or privately owned, the acceptance, widening,
removal, extension, relocation, narrowing, vacation, abandonment or
change of use of any of the foregoing; the general character, extent and
layout of the replanning of blighted districts and slum areas. The
commission may also prepare a zoning plan for the regulation of the
height, area, bulk, location and use of private, nonprofit and public
structures and premises, and of population density, but the adoption,
enforcement and administration of the zoning plan shall conform to the
provisions of sections 89.010 to 89.250. (L. 1963 p. 146 § 5)
*Word "and" inadvertently omitted from original rolls.
In the preparation of the city plan, the commission shall make
careful and comprehensive surveys and studies of the existing conditions
and probable future growth of the municipality. The plan shall be made
with the general purpose of guiding and accomplishing a coordinated
development of the municipality which will, in accordance with existing
and future needs, best promote the general welfare, as well as efficiency
and economy in the process of development. (L. 1963 p. 146 § 6)
The commission may adopt the plan as a whole by a single
resolution, or, as the work of making the whole city plan progresses, may
from time to time adopt a part or parts thereof, any part to correspond
generally with one or more of the functional subdivisions of the subject
matter of the plan. Before the adoption, amendment or extension of the
plan or portion thereof the commission shall hold at least one public
hearing thereon. Fifteen days' notice of the time and place of such
hearing shall be published in at least one newspaper having general
circulation within the municipality. The hearing may be adjourned from
time to time. The adoption of the plan requires a majority vote of the
full membership of the planning commission. The resolution shall refer
expressly to the maps, descriptive matter and other matters intended by
the commission to form the whole or part of the plan and the action taken
shall be recorded on the adopted plan or part thereof by the identifying
signature of the secretary of the commission and filed in the office of
the commission, identified properly by file number, and a copy of the
plan or part thereof shall be certified to the council and the municipal
clerk, and a copy shall be available in the office of the county recorder
of deeds and shall be available at the municipal clerk's office for
public inspection during normal office hours. (L. 1963 p. 146 § 7, A.L.
1991 H.B. 487)
The commission may make reports and recommendations relating to
the plan and development of the municipality to public officials and
agencies, public utility companies, civic, educational, professional and
other organizations and citizens. It may recommend to the executive or
legislative officials of the municipality programs for public
improvements and the financing thereof. All public officials shall, upon
request, furnish to the commission, within a reasonable time, all
available information it requires for its work. The commission, its
members and employees, in the performance of its functions, may enter
upon any land to make examinations and surveys. In general, the
commission shall have the power necessary to enable it to perform its
functions and promote municipal planning. (L. 1963 p. 146 § 8)
Whenever the commission adopts the plan of the municipality or
any part thereof, no street or other public facilities, or no 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
council, and the council, by vote of not less than two-thirds of its
entire membership, may overrule the disapproval and, upon the overruling,
the council or the appropriate board or officer may proceed, except that
if the public facility or utility is one the authorization or financing
of which does not fall within the province of the council, 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 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
days after the date of official submission to it shall be deemed
approval. (L. 1963 p. 146 § 9)
The commission shall have and perform all of the functions of the
zoning commission provided for in sections 89.010 to 89.250. (L. 1963 p.
146 § 10)
When the planning commission of any municipality adopts a city
plan which includes at least a major street plan or progresses in its
city planning to the making and adoption of a major street plan, and
files a certified copy of the major street plan in the office of the
county recorder of the county in which the municipality is located, no
plat of a subdivision of land lying within the municipality shall be
filed or recorded until it has been submitted to and a report and
recommendation thereon made by the commission to the city council and the
council has approved the plat as provided by law. (L. 1963 p. 146 § 11)
1. The planning commission shall recommend and the council may by
ordinance adopt regulations governing the subdivision of land within its
jurisdiction. The regulations, in addition to the requirements provided
by law for the approval of plats, may provide requirements for the
coordinated development of the city, town or village; for the
coordination of streets within subdivisions with other existing or
planned streets or with other features of the city plan or official map
of the city, town or village; for adequate open spaces for traffic,
recreation, light and air; and for a distribution of population and
traffic; provided that, the city, town or village may only impose
requirements for the posting of bonds, letters of credit or escrows for
subdivision-related improvements as provided for in subsections 2 to 5 of
this section.
2. The regulation may include requirements as to the extent and the
manner in which the streets of the subdivision or any designated portions
thereto shall be graded and improved as well as including requirements as
to the extent and manner of the installation of all utility facilities.
Compliance with all of these requirements is a condition precedent to the
approval of the plat. The regulations or practice of the council may
provide for the tentative approval of the plat previous to the
improvements and utility installations; but any tentative approval shall
not be entered on the plat. The regulations may provide that, in lieu of
the completion of the work and installations previous to the final
approval of a plat, the council shall accept, at the option of the
developer, an escrow secured with cash or an irrevocable letter of credit
deposited with the city, town, or village. The city, town, or village may
accept a surety bond, and such bond shall be in an amount and with surety
and other reasonable conditions, providing for and securing the actual
construction and installation of the improvements and utilities within a
period specified by the council and expressed in the bond. The release of
any such escrow, letter of credit, or bond by the city, town or village
shall be as specified in this section. The council may enforce the escrow
or bond by all appropriate legal and equitable remedies. The regulations
may provide, in lieu of the completion of the work and installations
previous to the final approval of a plat, for an assessment or other
method whereby the council is put in an assured position to do the work
and make the installations at the cost of the owners of the property
within the subdivision. The regulations may provide for the dedication,
reservation or acquisition of lands and open spaces necessary for public
uses indicated on the city plan and for appropriate means of providing
for the compensation, including reasonable charges against the
subdivision, if any, and over a period of time and in a manner as is in
the public interest.
3. The regulations shall provide that in the event a developer who has
posted an escrow, or letter of credit, or bond with a city, town, or
village in accordance with subsection 2 of this section transfers title
of the subdivision property prior to full release of the escrow, letter
of credit, or bond, the municipality shall accept a replacement escrow or
letter of credit from the successor developer in the form allowed in
subsection 2 of this section and in the amount of the escrow or letter of
credit held by the city, town, or village at the time of the property
transfer, and upon receipt of the replacement escrow or letter of credit,
the city, town, or village shall release the original escrow or letter of
credit in full and release the prior developer from all further
obligations with respect to the subdivision improvements if the successor
developer assumes all of the outstanding obligations of the previous
developer. The city, town, or village may accept a surety bond from the
successor developer in the form allowed in subsection 2 of this section
and in the amount of the bond held by the city, town, or village at the
time of the property transfer, and upon receipt of the replacement bond,
the city, town, or village shall release the original bond in full, and
release the prior developer from all further obligations with respect to
the subdivision improvements.
4. The regulations shall provide that any escrow or bond amount held by
the city, town or village to secure actual construction and installation
on each component of the improvements or utilities shall be released
within thirty days of completion of each category of improvement or
utility work to be installed, minus a maximum retention of five percent
which shall be released upon completion of all improvements and utility
work. The city, town, or village shall inspect each category of
improvement or utility work within twenty business days after a request
for such inspection. Any such category of improvement or utility work
shall be deemed to be completed upon certification by the city, town or
village that the project is complete in accordance with the ordinance of
the city, town or village including the filing of all documentation and
certifications required by the city, town or village, in complete and
acceptable form. The release shall be deemed effective when the escrow
funds or bond amount are duly posted with the United States Postal
Service or other agreed-upon delivery service or when the escrow funds or
bond amount are hand delivered to an authorized person or place as
specified by the owner or developer.
5. If the city, town or village has not released the escrow funds or bond
amount within thirty days as provided in this section or provided a
timely inspection of the improvements or utility work after request for
such inspection, the city, town or village shall pay the owner or
developer in addition to the escrow funds due the owner or developer,
interest at the rate of one and one-half percent per month calculated
from the expiration of the thirty-day period until the escrow funds or
bond amount have been released. Any owner or developer aggrieved by the
city's, town's or village's failure to observe the requirements of this
section may bring a civil action to enforce the provisions of this
section. In any civil action or part of a civil action brought pursuant
to this section, the court may award the prevailing party or the city,
town or village the amount of all costs attributable to the action,
including reasonable attorneys' fees.
6. Nothing in this section shall apply to performance, maintenance and
payment bonds required by cities, towns or villages.
7. Before adoption of its subdivision regulations or any amendment
thereof, a duly advertised public hearing thereon shall be held by the
council.
8. The provisions of subsection 2 of this section requiring the
acceptance of an escrow secured by cash or an irrevocable letter of
credit, rather than a surety bond, at the option of the developer, all of
the provisions of subsection 3 of this section, and the provisions of
subsections 4 and 5 of this section regarding an inspection of
improvements or utility work within twenty business days shall not apply
to any home rule city with more than four hundred thousand inhabitants
and located in more than one county.
9. Notwithstanding the provisions of section 290.210, RSMo, to the
contrary, improvements secured by escrow, letter of credit, or bond as
provided in this section shall not be subject to the terms of sections
290.210 to 290.340, RSMo, unless they are paid for wholly or in part out
of public funds. (L. 1963 p. 146 § 12, A.L. 1999 S.B. 20, A.L. 2004 H.B.
795, et al.)
(1977) Held, that the rule for mandatory dedications in this state is "If
the requirement is within the statutory grant of powers of the
municipality and if the burden cast upon the subdivider is reasonably
attributable to his activity, then the requirement is permissible; if
not, it is forbidden and amounts to a confiscation of private property in
contravention of the constitutional prohibitions." Home Builders
Association of Greater Kansas City et al., (Mo.), 555 S.W.2d 832.
(1992) Where subdivision plat meets requirements of city ordinance,
municipal planning and zoning commission and city council do not have
authority to refuse to approve subdivision plat, therefore it is a
ministerial act to approve the plat. Plaintiff's request for writ of
mandamus was appropriate to compel ministerial action. State ex rel.
Schaefer v. Cleveland, 847 S.W.2d 867 (Mo. App. E.D.)
Within sixty days after the submission of a plat to the
commission, the commission shall approve or disapprove the plat;
otherwise the plat is deemed approved by the commission, except that the
commission, with the consent of the applicant for the approval, may
extend the sixty-day period. The ground of disapproval of any plat by the
commission shall be made a matter of record. (L. 1963 p. 146 § 13)
The approval of a plat by the commission does not constitute or
effect an acceptance by the municipality or public of the dedication to
public use of any street or other ground shown upon the plat. (L. 1963 p.
146 § 14)
No county recorder shall receive for filing or recording any
subdivision plat required to be approved by a city council or municipal
planning commission unless the plat has endorsed upon it the approval of
the city council under the hand of the clerk and the seal of the city, or
by the secretary of the planning commission. (L. 1963 p. 146 § 15)
No owner, or agent of the owner, of any land located within the
platting jurisdiction of any municipality, knowingly or with intent to
defraud, may transfer, sell, agree to sell, or negotiate to sell that
land by reference to or by other use of a plat of any purported
subdivision of the land before the plat has been approved by the council
or planning commission and recorded in the office of the appropriate
county recorder unless the owner or agent shall disclose in writing that
such plat has not been approved by such council or planning commission
and the sale is contingent upon the approval of such plat by such council
or planning commission. Any person violating the provisions of this
section shall forfeit and pay to the municipality a penalty not to exceed
three hundred dollars for each lot transferred or sold or agreed or
negotiated to be sold; and the description by metes and bounds in the
instrument of transfer or other document used in the process of selling
or transferring shall not exempt the transaction from this penalty. A
municipality may enjoin or vacate the transfer or sale or agreement by
legal action, and may recover the penalty in such action. (L. 1963 p. 146
§ 16, A.L. 2005 S.B. 210)
Upon adoption of a major street plan and subdivision regulations,
the municipality shall not accept, lay out, open, improve, grade, pave or
light any street, lay or authorize the laying of water mains, sewers,
connections or other utilities in any street within the municipality
unless the street has received the legal status of a public street prior
to the adoption of a city plan; or unless the street corresponds in its
location and lines with a street shown on a subdivision plat approved by
the council or planning commission or on a street plan made by and
adopted by the commission. The council may locate and construct or may
accept any other street if the ordinance or other measure for the
location and construction or for the acceptance is first submitted to the
commission for its approval and approved by the commission or, if
disapproved by the commission, is passed by the affirmative vote of not
less than two-thirds of the entire membership of the council. (L. 1963 p.
146 § 17)
After the adoption of a major street plan, no building permit
shall be issued for and no building shall be erected on any lot within
the territorial jurisdiction of the commission unless the street giving
access to the lot upon which the building is proposed to be placed
conforms to the requirements of section 89.460. (L. 1963 p. 146 § 18)
Whenever a plan for major streets has been adopted, the council,
upon recommendation of the planning commission, is authorized and
empowered to establish, regulate and limit and amend, by ordinance,
building or setback lines on major streets, and to prohibit any new
building being located within building or setback lines. When a plan for
proposed major streets or other public improvements has been adopted, the
council is authorized to prohibit any new building being located within
the proposed site or right-of-way when the center line of the proposed
street or the limits of the proposed sites have been carefully determined
and are accurately delineated on maps approved by the planning commission
and adopted by the council. The council shall provide for the method by
which this section shall be administered and enforced and may provide for
a board of adjustment with powers to modify or vary the regulations, in
specific cases, in order that unwarranted hardship, which constitutes an
unreasonable deprivation of use as distinguished from the mere grant of a
privilege, may be avoided. If there is a board of zoning adjustment on
October 13, 1963, that board shall be appointed to serve as the board of
adjustment for the building line regulations. If there is no board of
zoning adjustment, the personnel, length of terms, method of appointment
and organization of the board of adjustment for the building line
regulations shall be the same as now provided for municipal boards of
zoning adjustment. The regulations of this section shall not be adopted,
changed or amended until a public hearing has been held thereon as
provided in section 89.360. (L. 1963 p. 146 § 19)
Any person violating the provisions of sections 89.300 to 89.490
is guilty of a misdemeanor and upon conviction thereof shall be fined not
less than one hundred dollars nor more than five hundred dollars, or by
confinement in the county jail for not more than one year, or by both
such fine and confinement. (L. 1963 p. 146 § 21)
1. Any person or neighborhood organization as defined in section
32.105, RSMo, aggrieved by a violation described in this subsection may
commence a civil action on his own behalf against any person who is
alleged to be in violation of the provisions of chapter 64, RSMo, or this
chapter, or in violation of any standard, regulation, or ordinance which
has been adopted by any county or city pursuant to chapter 64, RSMo, or
this chapter.
2. Venue for such actions allowed by subsection 1 of this section shall
be in the circuit court in the circuit in which the violation is alleged
to have occurred.
3. The appropriate circuit court, as established in subsection 2 of this
section, shall have jurisdiction to enforce the standard, regulation or
ordinance alleged to have been violated, to order such action as may be
necessary to correct the violation, and to impose any civil penalty
provided for the violation.
4. The appropriate circuit court, in issuing any final order in any
action brought pursuant to this section, shall award costs of litigation,
including reasonable attorney's fees, to the prevailing party. (L. 1993
S.B. 376)
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