Missouri Statute | Act | Code |County, Township And Political Subdivision Government| US Code - US Statute | Chapter 64 County Planning--zoning--recreation--natural Streams And Waterways

USA Statutes : missouri
Title : COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter : Chapter 64 County Planning--Zoning--Recreation--Natural Streams and Waterways

Any levee district organized pursuant to chapter 245, RSMo, and
any drainage district organized pursuant to chapters 242 and 243, RSMo,
are subject to any flood plain management regulations adopted by any
county pursuant to this chapter. (L. 1991 H.B. 72)

Effective 3-4-91

1. For the purpose of promoting the health, safety and general
welfare of the public, the county commission of any county bordering on a
lake having at least one hundred ten miles of shoreline may, after
approval by a vote of the people of the affected area of the county as
determined by the county commission, create a district planning
commission to prepare a district plan for the area which is at least
one-half mile but not more than five miles from the six hundred
forty-five foot mark of the lake measured from either the mean sea level,
for the Lake of the Ozarks or the low water mark as determined by the
Corps of Engineers for all other lakes of the county bordering on the
lake.

2. The county commission may make an order to present to the voters of
the county within the affected area the question for the establishment of
planning and zoning in districts bordering the lake which are at least
one-half mile but not more than five miles from the six hundred
forty-five foot mark of the lake measured from either mean sea level, for
the Lake of the Ozarks or the low water mark as determined by the Corps
of Engineers for all other lakes. Any incorporated city, town or village
which has adopted city planning and zoning or any agricultural or
horticultural property as defined in section 137.016, RSMo, shall be
exempt from any planning and zoning provisions adopted pursuant to this
section and section 64.007.

3. The question shall be submitted in substantially the following form:

Shall planning and zoning be adopted in the area of the county within
....... miles of the .......................... (six hundred forty-five
foot mark or the low water mark) of the
................................... (name of lake) measured from mean sea
level?

4. If a majority of the votes cast on the question be in favor of the
planning and zoning, the county commission shall create a district
planning commission to proceed with a program of district planning. (L.
1996 S.B. 497 § 1)

1. The district planning commission shall consist of the county
highway engineer and at least one property owner from each township in
the district who resides within the proposed district and who is a
registered voter of the county appointed by the county commission. The
planning commission shall be composed of at least five members. The
township representatives are hereinafter referred to as appointed
members. The term of each appointed member shall be four years or until
the member's successor takes office, except that the terms shall be
overlapping and that the respective terms of the members first appointed
may be less than four years. The term of the county highway engineer
shall be only for the duration of the county highway engineer's tenure of
official position. All members of the district planning commission shall
serve as such without compensation, except that an attendance fee as
reimbursement for expenses, not to exceed four meetings per year, may be
paid to the appointed members of the county planning commission in an
amount, as set by the county commission. The planning commission shall
elect its chairman, who shall serve for one year.

2. Except as provided in this section and section 64.005, the provisions
of sections 64.510 to 64.695, relating to the procedures for county
planning and zoning in counties of the second and third classifications
shall apply to any district planning commission established pursuant to
this section and section 64.005. (L. 1996 S.B. 497 § 2)

In all counties of the first class, except counties of the first
class not having a charter form of government, the county commission is
authorized and empowered to provide for the preparation, adoption,
amendment, extension or carrying out of a county plan and to create by
order a county planning commission with the powers and duties as set
forth in sections 64.010 to 64.160. (L. 1945 p. 1327 § 1a, A.L. 1974 H.B.
1446)

Such county planning commission shall consist of one of the
commissioners of the county commission selected by the county commission,
the county highway engineer, the chairman of two municipal planning
bodies in the county to be appointed by the county commission, all of
whom shall serve during their tenure of office not to exceed four years,
and six residents of the unincorporated territory of the county to be
appointed by the county commission. The term of said six appointed
members shall be four years or until their successor takes office except
that the original term of three of said six appointed members shall be
two years. All members of the county planning commission shall serve as
such without compensation; but an attendance fee as reimbursement for
expenses may be paid to the appointed members of the county planning
commission in an amount, as set by the county commission, not to exceed
ten dollars per meeting for not over two meetings per month. The planning
commission shall elect its chairman from among the appointed members. (L.
1941 p. 481 § 2, A.L. 1945 p. 1327, A.L. 1986 H.B. 1554 Revision)

The county planning commission may create and adopt rules for the
transaction of its business and shall keep a public record of its
resolutions, transactions, findings, and recommendations. The commission
may appoint such employees as it may deem necessary for its work, and may
contract with planners and other consultants for such services as it may
require and may incur other necessary expenses, all subject to the
approval of the county commission; provided, however, the expenditures of
county funds by the commission shall not be in excess of the amounts
appropriated for that purpose by the county commission. The commission
shall have such other powers as may be appropriate to enable it to
perform its duties. (L. 1941 p. 481 § 3)

The county planning commission shall have power to make, adopt
and may publish an official master plan of the county for the purpose of
bringing about coordinated physical development in accordance with
present and future needs. The master plan shall be developed so as to
conserve the natural resources of the county, to insure efficient
expenditure of public funds, and to promote the health, safety,
convenience, prosperity and general welfare of the inhabitants. Such
master plan may include, among other things, studies and recommendations
relative to the location, character and extent of highways, railroads,
bus, streetcar and other transportation routes, bridges, public
buildings, schools, parks, parkways, forests, wildlife refuges, dams, and
projects affecting conservation of natural resources. The county planning
commission may adopt the master plan in whole or in part, and
subsequently amend or extend the adopted plan or any portion thereof.
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 which shall be published in
at least one newspaper having general circulation within the county, and
notice of such hearing shall also be posted at least fifteen days in
advance thereof in at least four conspicuous places in each township.
Such hearing may be adjourned from time to time. The adoption of the plan
shall be by resolution carried by not less than a majority vote of the
full membership of the county planning commission. After the adoption of
the master plan an attested copy shall be certified to the county clerk
and a copy shall be recorded in the office of the recorder of deeds. (L.
1941 p. 481 § 4)

From and after the adoption of the master plan or portion thereof
and its proper certification and recording, then and thenceforth no
improvement of a type embraced within the recommendations of the master
plan shall be constructed or authorized without first submitting the
proposed plans thereof to the county planning commission and receiving
the written approval and recommendations of said commission; provided,
however, that this requirement shall be deemed to be waived if the county
planning commission fails to make its report and recommendations within
forty-five days after the receipt of the proposed plans. If a development
or public improvement is proposed to be located in the unincorporated
territory of the county by any municipality, county, public board or
commission, the disapproval or recommendations of the county planning
commission may be overruled by the county commission, which shall certify
its reason therefor to the planning commission. (L. 1941 p. 481 § 5, A.L.
1945 p. 1327)

The county planning commission may prepare and adopt regulations
governing the subdivision of land, which regulations may provide for the
proper location and width of streets, building lines, open spaces,
minimum width and area of lots, street grading and paving, sewers, water
and other utilities, which are necessary to avoid the congestion of
population and to protect the public health, safety or the general
welfare. Such regulations shall be adopted only after public hearing has
been held thereon at any one place in the county, public notice of which
shall be given in the same manner as provided for hearings in section
64.040. Such regulations shall become effective after their approval and
adoption by order of the county commission and may after their adoption
be amended by the county commission. In lieu of the immediate completion
or installation of the improvements required under the regulations
adopted, the county zoning enforcement officer shall accept bond for the
county in an amount and with surety and conditions prescribed by the
county general attorney and approved by the county commission. Such bond
shall provide and secure to the county the actual construction of such
improvements and utilities within the period prescribed by said
regulations. (L. 1941 p. 481 § 6, A.L. 1945 p. 1327)

After the county commission shall have adopted such subdivision
regulations, no plat of a subdivision of land within the unincorporated
area of such county shall be recorded until such plat shall first have
been submitted to the planning commission. If the county planning
commission does not report upon the plat within thirty days, it may then
be deemed approved. If such plat be amended or rejected by the planning
commission, such action may be overruled and the plat approved only by
the county commission, provided the reasons for such overruling shall be
spread upon the minutes of said county commission. The recorder of deeds
shall not record a plat of a subdivision of land in the unincorporated
area of the county until he shall have received a certificate of
authority from the county zoning enforcement officer, who shall issue
such certificate if such plat has been approved, pursuant to the
provisions of sections 64.010 to 64.160. The county planning commission
may, upon the written request of the legislative body of an incorporated
area in which there is no municipal planning commission, pass upon
subdivision plats within said incorporated areas, and said plats shall be
subject to all rules and regulations of the county planning commission
and shall not be recorded until they have been approved in the same
manner as a subdivision plat in an unincorporated area. If, however, the
county planning commission does not agree to pass upon plats in an
incorporated area, the county recorder must be advised of the fact by
registered letter. (L. 1941 p. 481 § 6, A.L. 1945 p. 1327)

Whenever a plan for major highways has been prepared, the county
commission, upon recommendation of the planning commission, is hereby
authorized and empowered to establish, regulate and limit and to change
and amend, by order, building or setback lines on such major highways and
to prohibit any new building being located within such building or
setback lines outside the corporate limits of any city, village or
incorporated town. The county commission 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 county board of zoning
adjustment, as herein provided, such board shall be appointed to serve as
the board of adjustment for the building line regulations. If there be no
county 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 provided in section 64.120
for the board of zoning adjustment. The regulations of this section shall
not be adopted, changed or amended until a public hearing has been held
thereon by the planning commission, public notice of which shall be given
in the same manner as provided for the hearing in section 64.040. (L.
1941 p. 481 § 7, A. 1949 H.B. 2020)

1. For the purpose of promoting health, safety, morals, comfort
or the general welfare of the unincorporated portion of counties, to
conserve and protect property and building values, to secure the most
economical use of the land, and to facilitate the adequate provision of
public improvements all in accordance with a comprehensive plan, the
county commission in all counties of the first class, as provided by law,
except in counties of the first class not having a charter form of
government, is hereby empowered to regulate and restrict, by order, in
the unincorporated portions of the county, the height, number of stories
and size of buildings, the percentage of lots that may be occupied, the
size of yards, courts and other open spaces, the density of population,
the location and use of buildings, structures and land for trade,
industry, residence or other purposes, including areas for agriculture,
forestry and recreation.

2. The provisions of this section shall not apply to the incorporated
portions of the counties, nor to the raising of crops, livestock,
orchards, or forestry, nor to seasonal or temporary impoundments used for
rice farming or flood irrigation. As used in this section, the term "rice
farming or flood irrigation" means small berms of no more than eighteen
inches high that are placed around a field to hold water for use for
growing rice or for flood irrigation. This section shall not apply to the
erection, maintenance, repair, alteration or extension of farm structures
used for such purposes in an area not within the area shown on the flood
hazard area map. This section shall not apply to underground mining where
entrance is through an existing shaft or shafts or through a shaft or
shafts not within the area shown on the flood hazard area map.

3. The powers by sections 64.010 to 64.160 given shall not be exercised
so as to deprive the owner, lessee or tenant of any existing property of
its use or maintenance for the purpose to which it is then lawfully
devoted except that reasonable regulations may be adopted for the gradual
elimination of nonconforming uses, nor shall anything in sections 64.010
to 64.160 interfere with such public utility services as may have been or
may hereafter be specifically authorized or permitted by a certificate of
public convenience and necessity, or order issued by the public service
commission, or by permit of the county commission.

4. For the purpose of any zoning regulation adopted under the provisions
of sections 64.010 to 64.160, the classification of 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. The classification of single-family
dwelling or single-family residence shall also 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. A zoning regulation may require that the exterior appearance of
the home and property be in reasonable conformance with the general
neighborhood standards and may also establish reasonable standards
regarding the density of such individual homes in any specific
single-family dwelling or single-family residence area. Should a
single-family dwelling or single-family residence as defined in this
subsection cease to operate for the purposes specified in this
subsection, any other use of such dwelling or residence, other than that
allowed by the zoning regulations, shall be approved by the county board
of zoning adjustment. 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.

5. Except in subsection 4 of this section, nothing contained in sections
64.010 to 64.160 shall affect the existence or validity of an ordinance
which a county has adopted prior to March 4, 1991. (L. 1941 p. 481 § 8,
A.L. 1945 p. 1327, A.L. 1974 H.B. 1446, A.L. 1989 S.B. 11, A.L. 1991 H.B.
72)

Effective 3-4-91

(1986) Section 64.090, RSMo, was held to violate section 26 of article I
of the Missouri Constitution insofar as it attempted to give certain
counties the power to zone out existing uses of property. People Tags,
Inc. v. Jackson County Legislature, 636 F.Supp. 1345 (W.D.Mo.).

For any or all of said purposes, the unincorporated territory may
be divided into districts of such number, shape, and area as may be
deemed best suited to carry out the purposes of sections 64.010 to 64.160
and shall be shown upon the plan; and within such districts, the
erection, construction, reconstruction, alteration, repair or use of
buildings, structures or land may be regulated and restricted. All such
regulations shall be uniform for each class or kind of buildings or land
uses throughout each district, but the regulations in one district may
differ from those in other districts. The regulations shall be made in
accordance with a comprehensive plan, and shall give reasonable
consideration, among other things, to the character of the district, its
suitability for particular uses, conserving the value of buildings and of
existing development, and encouraging the most appropriate use of land
throughout the county. (L. 1941 p. 481 § 9)

The county commission shall provide for the manner in which such
regulations, restrictions and boundaries of such districts shall be
determined, established and enforced, and from time to time amended,
supplemented or changed within the unincorporated territory. In order to
avail itself of the powers conferred by sections 64.010 to 64.160, the
county commission shall request the county planning commission to
recommend the boundaries of the various original districts and
appropriate regulations to be enforced therein. If there be no county
planning commission the county commission shall appoint a county zoning
commission whose personnel, length of terms and organization shall be
same as provided in sections 64.010 to 64.040 for a county planning
commission. Such commission shall make a preliminary report and a
proposed zoning order and shall hold public hearings thereon and shall
afford persons interested an opportunity to be heard. A hearing shall be
held in each township affected by the terms of such proposed order,
public notice of which hearing shall be given in the same manner as
provided for the hearing in section 64.040. Such notice shall state the
time and place of the hearing and the place where copies of the proposed
report and order will be accessible for examination by interested
parties. Such hearings may be adjourned from time to time. Within ninety
days after the final adjournment of such hearings the commission shall
make a report and submit a proposed order to the county commission. The
county commission may enact the order with or without change or may refer
it back to the commission for further consideration. In case a written
protest against the proposed zoning of any land lying within one and
one-half miles of the limits of any municipality having a zoning
ordinance is received from the city council or board of trustees thereof,
the county commission shall not enact the proposed zoning of such land
except by a record vote and after a statement of the reasons for such
action shall be spread upon its minutes. In the preparation of its report
and proposed zoning order the commission may incur such expenditures as
shall be authorized by the county commission. (L. 1941 p. 481 § 10)

(1953) Where zoning order made by county court provided that no structure
in district limited to specified agricultural purposes should exceed
thirty-five feet in height, board of zoning adjustment could not grant
permit for drive-in theater having screen in excess of that height. State
ex rel. Barr v. Fleming (A.), 259 S.W.2d 417.

(1972) Requirement for record vote and statement of reasons applies only
to proposed original zoning and not to proposed rezoning. Williams v.
White (Mo.), 485 S.W.2d 622.

1. Any county commission which has appointed a planning
commission, as provided in these sections, shall create by order a county
board of zoning adjustment. Such board shall consist of the three
commissioners of the county commission whose terms shall be only for the
duration of their tenure of official position. The board shall elect its
chairman from among its members. The board of zoning adjustment shall
adopt rules of procedure consistent with the provisions of the zoning
regulations and the provisions of this law. The chairman, or in his
absence the acting chairman, may administer oaths and compel the
attendance of witnesses. All meetings of the board of zoning adjustment
shall be open to the public, and minutes shall be kept of all proceedings
and official actions, which minutes shall be filed in the office of the
county clerk and shall be a public record. Appeals to the board of zoning
adjustment may be taken by any person aggrieved or by a public officer,
department, board or bureau affected by any decision of the
administrative officer in administering a county zoning ordinance. Such
appeals shall be taken within a period of not more than three months, and
in the manner provided by the rules of the board. An appeal shall stay
all proceedings in furtherance of the action appealed from, unless the
officer from whom the appeal is taken shall certify to the board that by
reason of facts stated in the certificate a stay would, in his opinion,
cause imminent peril to life or property. The board of adjustment shall
have the following powers and it shall be its duty:

(1) To hear and decide appeals where it is alleged there is error of law
in any order, requirement, decision, or determination made by an
administrative official in the enforcement of the county zoning
regulations;

(2) To hear and decide all matters referred to it or upon which it is
required to pass under county zoning regulations;

(3) In passing upon appeals, where there are practical difficulties or
unnecessary hardship in the way of carrying out the strict letter of such
order, which difficulties or hardship constitute an unreasonable
deprivation of use as distinguished from merely granting a privilege, the
board may vary or modify the application of any of the regulations or
provisions so the intended purpose of the regulation shall be strictly
observed, public safety and welfare secured and substantial justice done.

2. In exercising the above powers, such board may in conformity with the
provisions of the law, 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.

3. Any person or persons jointly or severally aggrieved by any decision
of the board of adjustment or of the county commission, or of any
officer, department, board, or bureau of the county, may present to the
circuit court having jurisdiction in the county in which the property
affected is located, a petition, duly verified, stating that such
decision is illegal in whole or in part, specifying the grounds of the
illegality and asking for relief therefrom. Upon the presentation of such
petition the court may allow a writ of certiorari directed to the board
for review of the data and records acted upon or it may appoint a referee
to take additional evidence in the case. The court may reverse or affirm
or may modify the decision brought up for review. (L. 1941 p. 481 § 12,
A. 1949 H.B. 2020, A.L. 1993 H.B. 910 subsecs. 1, 2, 3)

(1953) Where zoning order made by county court provided that no structure
in district limited to specified agricultural purposes should exceed
thirty-five feet in height, board of zoning adjustment could not grant
permit for drive-in theater having screen in excess of that height. State
ex rel. Barr v. Fleming (A.), 259 S.W.2d 417.

(1955) Provision authorizing appointment of referee to take additional
evidence on certiorari held repealed by section 22, Article V of the
constitution and chapter 536, RSMo. State ex rel. Horn v. Randall (A.),
275 S.W.2d 758.

(1958) Section 22, Article V of the constitution does not affect this
section and, therefore, the reviewing court on certiorari may hear and
consider evidence in addition to that before the board. State ex rel.
Beacon Court v. Wind (A.), 309 S.W.2d 663.

Regulations adopted pursuant to the provisions of sections 64.010
to 64.160 may include appropriate and reasonable provisions for the
control of the use of buildings, structures, or land, which use of same
cannot, in the opinion of the board, be placed, specified or generally
permitted in a specific district or districts because of the peculiar
nature of the uses. The uses shall be limited to those which, if placed,
specified or generally permitted in a specific district or districts,
would pose undue regulatory difficulties. The uses shall be permitted
only by a special use permit issued by the board as a permissive use and
not as a rezoning after public hearing before the planning commission as
provided by section 64.110, and a report and recommendation made by the
commission to the board. The special permit shall set out regulations,
restrictions, limitations and termination date so that reasonable control
may be exercised over said uses; however, no such restriction shall
relate to the identity of the owner. This section shall not allow the
application of requirements for special use permits for any retail or
retail service establishment in a district in which retail and retail
service establishments generally are permitted uses, nor for any
wholesale distribution establishment in a district in which wholesale
storage and distribution establishments generally are permitted uses. (L.
1993 H.B. 910 § 64.120 subsec. 4)

Wherever the county zoning regulations made under authority of
sections 64.010 to 64.160 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 greater percentage of lot to be left
unoccupied or require a lower density of population, or require a more
restricted use of land, or impose other higher standards than are
required in any other statute, local order or regulations, private deed
restrictions or private covenants, the provisions of the regulations made
under authority of sections 64.010 to 64.160 shall govern. (L. 1941 p.
481 § 14)

The regulations imposed and the districts created under authority
of sections 64.010 to 64.160 may be amended from time to time by the
county commission by order after the order establishing the same has gone
into effect, but no such amendment shall be made without a hearing before
the county planning commission; or if there be no county planning
commission, such hearing shall be held by the county zoning commission.
Such hearing shall be held in any one place in the county designated by
the planning or zoning commission regardless of the location of the land
affected by such amendment or amendments. Public notice of such hearing
shall be given by at least one publication in one newspaper published in
the county at least fifteen days before the date of the hearing. In case
of written protest against any proposed amendment, signed and
acknowledged by the owners of thirty percent of the frontage within one
thousand feet to the right or left of the frontage proposed to be
changed, or by the owners of thirty percent of the frontage directly
opposite, or directly in the rear of the frontage proposed to be altered,
or in cases where the land affected lies within one and one-half miles of
the limits of a municipality, by the city council or zoning board of any
such municipality, filed with the county clerk, such amendment may not be
passed except by the favorable vote of two-thirds of all the members of
the county commission. (L. 1941 p. 481 § 13, A.L. 1945 p. 1327, A.L. 1988
H.B. 923)

Any county commission which has adopted a zoning plan, as
provided in sections 64.010 to 64.160, shall appoint an officer or
designate one of the existing county officials to enforce the provisions
of sections 64.010 to 64.160. After the appointment of such officer or
official, no building or other structure shall be erected, constructed,
reconstructed, enlarged or altered, or repaired in such manner as to
prolong the life of the building, nor shall the use of any land be
changed without first obtaining a permit issued by such officer or
official under the provisions of sections 64.010 to 64.160, except that
no permit shall be required for ordinary repairs on conforming use
structures. Such permit shall be issued only when the request therefor is
in conformity with the regulations adopted. Such enforcement officer
shall act as the executive secretary of the planning or zoning commission
and is charged with the administration and enforcement of zoning
regulations, setback line regulations, subdivision regulations and such
other regulations as may be adopted. Such officer shall forthwith refer
all violations of said regulations to the county general attorney for
appropriate action, and shall examine all subdivision plats and determine
whether the proposed development conforms to the regulations adopted. If
such proposed subdivision plat conforms to the adopted regulations, such
plat shall be by such officer promptly approved, or such plat may be
referred by said officer to the planning commission for its approval,
amendment or rejection. (L. 1941 p. 481 § 11, A.L. 1945 p. 1327)

A violation of sections 64.010 to 64.160 or of any order or
regulation adopted under authority of said sections shall be deemed a
misdemeanor. The proper county authorities or any persons, the value or
use of whose property is or may be affected by such violation in addition
to other remedies, may also institute any appropriate action or
proceedings by preventing or removing such violation. (L. 1941 p. 481 §
15)

1. For the purpose of promoting the public safety, health and
general welfare, to protect life and property and to prevent the
construction of fire hazardous buildings, the county commission in all
counties of the first and second classification, as provided by law, is
for this purpose empowered, subject to the provisions of subsections 3
and 4 of this section, to adopt by order or ordinance regulations to
control the construction, reconstruction, alteration or repair of any
building or structure and any electrical wiring or electrical
installation, plumbing or drain laying therein, and provide for the
issuance of building permits and adopt regulations licensing persons,
firms or corporations other than federal, state or local governments,
public utilities and their contractors engaged in the business of
electrical wiring or installations and provide for the inspection thereof
and establish a schedule of permit, license and inspection fees and
appoint a building commission to prepare the regulations, as herein
provided.

2. For the purpose of promoting the public safety, health and general
welfare, to protect life and property, the county commission in a county
of the first classification having a population of more than one hundred
sixty thousand but less than two hundred thousand, as provided by law, is
for this purpose empowered to adopt by order or ordinance regulations to
control the construction, reconstruction, alteration or repair of any
building or structure, and provide for the issuance of building permits
and adopt regulations licensing contractors, firms or corporations other
than federal, state or local governments, public utilities and their
contractors engaged in the business of plumbing or drain laying and
provide for the inspection thereof and establish a schedule of permit,
license and inspection fee and appoint a building commission to prepare
the regulations, as herein provided.

3. Any county which has not adopted a building code prior to August 28,
2001, pursuant to sections 64.170 to 64.200, shall not have the authority
to adopt a building code pursuant to such sections unless the authority
is approved by voters, subject to the provisions of subsection 4 of this
section. The ballot of submission for authority pursuant to this
subsection shall be in substantially the following form:

"Shall ...................... (insert name of county) have authority to
create, adopt and impose a county building code?"

[ ] Yes [ ] No

4. The proposal of the authority to adopt a building code shall be voted
on only by voters in the area affected by the proposed code, such that a
code affecting a county shall not be voted upon by citizens of any
incorporated territory. (RSMo 1939 § 14942, A.L. 1945 p. 616, A.L. 1963
p. 117, A.L. 1999 S.B. 160 & 82, A.L. 2001 S.B. 86)

Prior revisions: 1929 § 13749; 1919 § 10391; 1909 § 1294

1. The county commission of any county which shall exercise the
authority granted under the provisions of sections 64.170 to 64.200 shall
appoint a building commission consisting of five members, residents and
taxpayers of the county, one of whom shall be a member of the county
commission, to be selected by the county commission. The members of the
commission shall serve without compensation for a term of two years. The
term of the county commission member shall not extend beyond the tenure
of his office.

2. Said commission shall prepare a building and electrical code of
regulations under the powers granted herein, which shall be submitted to
the county commission for adoption. Such code of regulations shall be in
accord with standards prescribed by recognized inspection and testing
laboratories and agencies consistent with section 64.196.

3. Before the adoption of such code of regulations, the county commission
shall hold at least three public hearings thereon, fifteen days' notice
of the time and place of which shall be published in at least two
newspapers having general circulation within the county and notice of
such hearings shall also be posted at least fifteen days in advance
thereof in four conspicuous places in the county. The regulations adopted
shall be applicable to the unincorporated territory of the county, except
as otherwise provided herein, and may from time to time be amended by the
county commission after hearings are held and notice given, as prescribed
herein. The county commission is authorized to employ and pay the
personnel necessary to enforce the regulations adopted. (RSMo 1939 §
14943, A.L. 1945 p. 616, A.L. 2001 S.B. 86)

Prior revisions: 1929 § 13750; 1919 § 10392; 1909 § 1295

(1972) Supreme court had exclusive jurisdiction over appeal from quo
warranto proceeding to oust appellants from office of building commission
of Jefferson County since office was one to which officer was elected or
appointed under authority of law and the authority and duties thereof
were prescribed by law. State ex rel. Donald v. Leonard (A.), 480 S.W.2d
71.

Said commission or such members thereof as are designated under
the regulations adopted by the county commission shall be authorized to
examine all applicants for a license to engage in electrical wiring or
installation work and shall have authority under said regulations to
revoke or suspend any license issued for refusal or failure to comply
with the regulations adopted, and any person, firm or corporation
licensed under the provisions of sections 64.170 to 64.200 shall be
authorized to make electrical installations in any municipality in the
county and be subject to the inspection requirements contained in the
regulations adopted hereunder and shall not be licensed by any city, town
or village in said county; provided, that the provisions of sections
64.170 to 64.200 shall not apply to any city having or that may hereafter
have a population of more than one hundred and twenty thousand
inhabitants. (RSMo 1939 § 14944, A.L. 1945 p. 616, A.L. 1978 H.B. 1823)

Prior revisions: 1929 § 13751; 1919 § 10393; 1909 § 1296

After August 28, 2001, any county seeking to adopt a building
code in a manner set forth in section 64.180 shall, in creating or
amending such code, adopt a current, calendar year 1999 or later edition,
nationally recognized building code, as amended. (L. 2001 S.B. 86)

A violation of sections 64.170 to 64.200 or of any order or
regulation adopted under the authority of said sections shall be deemed a
misdemeanor. (RSMo 1939 § 14945, A.L. 1945 p. 616)

Prior revisions: 1929 § 13752; 1919 § 10394; 1909 § 1297

Sections 64.170 to 64.200 shall apply to all counties of the
first and second class. (L. 1963 p. 117)

1. The county commission of any county of the first
classification not having a charter form of government and not operating
a planning or zoning program under the provisions of sections 64.800 to
64.905 may, after approval by vote of the people of that county, provide
for the preparation, adoption, amendment, extension and carrying out of a
county plan. Upon adoption of the county plan there shall be created in
the county a county planning board with the powers and duties as set
forth in sections 64.211 to 64.295.

2. The county commission may, at any general election, present to the
voters of the county the question of the establishment of county
planning. The county clerk shall cause to be printed a ballot containing
the following:

Shall county planning be established?

YES NO To vote in favor of the question place an "X" in the box opposite
the word "Yes". To vote against the question place an "X" in the box
opposite the word "No".

3. If a majority of the votes cast at the election is in favor of county
planning, the county commission shall create by order entered of record a
county planning board to proceed with a program of county planning as
provided in sections 64.211 to 64.295. (L. 1959 S.B. 309 § 1, A.L. 1974
H.B. 1446, A.L. 1979 H.B. 663, A.L. 1994 H.B. 1175)

1. Upon receipt of a petition signed by a number of voters,
resident in the county, equal to five percent of the total votes cast in
the county at the next preceding election for governor requesting an
election on the question, the county commission in any county which has
adopted a county plan as authorized by section 64.211 shall, at a special
election called for that purpose or at the next general election, submit
to the voters of the county the proposition to terminate the program. The
county clerk shall prepare the ballot substantially in the following form:

Shall ........................................ (Here fill in either
county planning, county zoning, or county planning and zoning.) be
terminated?

YES NO To vote in favor of the question, place an "X" in the box opposite
the word "Yes". To vote against the question place an "X" in the box
opposite the word "No".

2. If a majority of those voting on the question vote for the termination
of the program, the county commission shall declare the program
terminated and shall discharge any board appointed thereunder. Any
resolution, ordinance or regulation adopted under the program pursuant to
the provisions of sections 64.211 to 64.295 shall be void and of no
effect from and after the termination of the program as provided in this
section. (L. 1979 H.B. 663, A.L. 1994 H.B. 1175)

1. Except as otherwise provided in subsection 2 of this section,
the county planning board shall consist of one of the commissioners of
the county commission selected by the county commission, the county
highway engineer, both of whom shall serve during their tenure of office,
except that in any county of the first classification with more than
eighty-two thousand but fewer than eighty-two thousand one hundred
inhabitants such members shall be nonvoting members, and six residents of
the unincorporated territory of the county who shall be appointed by the
county commission. The term of the six appointed members shall be four
years or until their successor takes office, except that the original
term of three of the six appointed members shall be two years. Members
may be removed for cause by the county commission upon written charges
after public hearings. Any vacancy may be filled by the county commission
for the unexpired term of any member whose term becomes vacant, or until
the member's successor takes office. All members of the board shall serve
without compensation; except, that an attendance fee as reimbursement for
expenses may be paid to the appointed members of the board in an amount,
set by the county commission, not to exceed twenty-five dollars per
meeting. The planning board shall elect its chairman from among the
appointed members.

2. In any county of the first classification with a population of at
least two hundred thousand inhabitants which does not adjoin any other
county of the first classification, the county planning board may, at the
option of the county commission, consist of one of the commissioners of
the county commission selected by the county commission, and shall
include the county highway engineer and six residents of the
unincorporated territory of the county, who shall be appointed by the
county commission. The county highway engineer and the county
commissioner, if a member of the board, shall serve during such person's
tenure of office. The term of the six appointed members shall be three
years or until their successor takes office. (L. 1959 S.B. 309 § 2, A.L.
1974 H.B. 1446, A.L. 1994 H.B. 1175, A.L. 2005 H.B. 58 merged with H.B.
345 merged with S.B. 210 merged with S.B. 259)

The county planning board may create and adopt rules for the
transaction of its business and shall keep a public record of its
resolutions, transactions, findings, and recommendations. (L. 1959 S.B.
309 § 3, A.L. 1994 H.B. 1175)

There is hereby created the office of planning director, who
shall be appointed by the planning board, subject to the approval of the
county commission, and receive such compensation as set by the county
commission. The planning director shall act as executive secretary of the
planning or zoning commission and the board of zoning adjustment and the
planning director shall be charged with the administration of the zoning
laws and regulations adopted and the issuance of permits in conformity
with the regulations adopted. The planning director shall examine all
subdivision plats and determine whether the proposed development conforms
to the regulations adopted. If the proposed subdivision plat conforms to
the regulations adopted, the plat shall be promptly approved by the
planning director, or the plat may be referred by the planning director
to the planning board for its approval, amendment or rejection. The board
may appoint such other employees as it deems necessary for its work and
may contract with planners and other consultants for such services as it
may require and may incur other necessary expenses, except that the
expenditures of county funds by the board shall not be in excess of the
amounts appropriated for that purpose by the county commission. The board
shall have such other powers as are appropriate to enable it to perform
its duties. (L. 1959 S.B. 309 § 3, A.L. 1994 H.B. 1175)

1. The county planning board shall have power to make, adopt and
may publish an official master plan for the county for the purpose of
bringing about coordinated physical development in accordance with
present and future needs. The master plan shall be developed so as to
conserve the natural resources of the county, to ensure efficient
expenditure of public funds, and to promote the health, safety,
convenience, prosperity and general welfare of the inhabitants. The
master plan may include, among other things, a land use plan, studies and
recommendations relative to the locations, character and extent of
highways, railroads, bus, streetcar and other transportation routes,
bridges, public buildings, schools, sewers, parks and recreation
facilities, parkways, forests, wildlife refuges, dams and projects
affecting conservation of natural resources. The county planning board
may adopt the master plan in whole or in part, and subsequently amend or
extend the adopted plan or any portion thereof. Before the adoption,
amendment or extension of the plan or portion thereof, the board shall
hold at least one public hearing thereon, fifteen days' notice of the
time and place of which shall be published in at least one newspaper
having general circulation within the county, and notice of the hearing
shall also be posted at least fifteen days in advance thereof in at least
two conspicuous places in each township. The hearing may be adjourned
from time to time. The adoption of the plan shall be by resolution
carried by not less than a majority vote of the full membership of the
county planning board. After the adoption of the master plan an attested
copy shall be certified to the county clerk and a copy shall be recorded
in the office of the recorder of deeds.

2. The master plan, with the accompanying maps, diagrams, charts,
descriptive matter, and reports, shall include the plans specified by
this section which are appropriate to the county and which may be made
the basis for its physical development. The master plan may comprise any,
all, or any combination of the plans specified in this section, for all
or any part of the county. (L. 1959 S.B. 309 § 4, A.L. 1994 H.B. 1175)

From and after the adoption of the master plan or portion thereof
and its proper certification and recording, then and thenceforth no
improvement of a type embraced within the recommendations of the master
plan shall be constructed or authorized without first submitting the
proposed plans thereof to the county planning board and receiving the
written approval and recommendations of the board; except that this
requirement shall be deemed to be waived if the county planning board
fails to make its report and recommendations within forty-five days after
the receipt of the proposed plans. If a development or public improvement
is proposed to be located in the unincorporated territory of the county
by any municipality, county, public board or commission, the disapproval
or recommendations of the county planning board may be overruled by the
county commission, which shall certify its reasons therefor to the
planning board, nor shall anything herein interfere with such development
or public improvement as may have been, or may hereafter be, specifically
authorized or permitted by a certificate of public convenience and
necessity, or order issued by the public service commission, or by permit
of the county commission after public hearing in the manner provided by
section 64.231. (L. 1959 S.B. 309 § 5, A.L. 1994 H.B. 1175)

The county planning board may prepare and adopt regulations
governing the subdivision of land, within the unincorporated area,
including all plats or proposed streets prepared for record, and all
division of land or lots into two or more parts, except the division of
land resulting in tracts or lots, the smallest of which is an area of
five acres or more, or ten acres or more in any county having a
population of at least two hundred seven thousand. The regulations may
provide for the proper location and width of streets, building lines,
open spaces, minimum width and area of lots, access to major streets,
street grading and paving, drainage or utility easements, sewers, water
and other utilities, which are necessary to avoid the congestion of
population, and to protect the public health, safety or the general
welfare of the inhabitants in the unincorporated portions of the county.
The regulations shall be adopted by the board only after public hearing
has been held thereon at any one place in the county, public notice of
which shall be given in the same manner as provided for hearings in
section 64.231. The regulations shall become effective after their
approval and adoption by order of the county commission, and may after
their adoption be amended by the county commission after public hearing
and recommendation by the board as provided by section 64.231. In lieu of
the immediate completion or installation of improvements required under
the regulations adopted, the county auditor shall accept bond for the
county in an amount and with surety and conditions prescribed by the
county commission. The bond shall provide and secure to the county the
actual construction of such improvements and utilities within the period
prescribed by the regulations. (L. 1959 S.B. 309 § 6, A.L. 1994 H.B.
1175, A.L. 1998 S.B. 739)

After the county commission has adopted the subdivision
regulations, no plat or instrument describing a subdivision of land
within the unincorporated area of the county shall be recorded or vacated
until the plat is first submitted to the planning board. No plat shall be
approved in any county in which emergency telephone services or central
dispatching services are provided and funded pursuant to sections 190.300
to 190.329, RSMo, unless any requirement by the governing body of the
county or of the board established pursuant to section 190.329, RSMo, to
provide such governing body or such board with maps and site plans of the
subdivision so that the subdivision addresses, streets, drives and
roadways may be added to and included in any computer database used in
conjunction with providing such services are met. The board, after
hearing, may vacate any plat of a subdivision of land including roads,
streets, highways and alleys. At such hearing, the board may require that
expert witnesses providing evidence be sworn in so that their statements
are statements made under oath. Upon the vacation of the plat, the
recorder of deeds shall be notified in writing of the vacation. If the
county planning board does not report upon the plat within thirty days,
it may then be deemed approved. If the plat is amended or rejected by the
planning board, such action may be overruled and the plat approved only
by the county commission, after public hearing. The reasons for the
overruling shall be spread upon the minutes of the county commission. The
recorder of deeds shall not record a plat of a subdivision of land in the
unincorporated area of the county until the recorder has received a
certificate of authority from the county planning director, who shall
issue the certificate if the plat has been approved, pursuant to the
provisions of sections 64.211 to 64.295. The county planning board may,
upon written request of the legislative body of an incorporated area in
which there is no municipal planning commission, pass upon subdivision
plats within the incorporated areas, and the plat shall be subject to all
rules and regulations of the county planning board and shall not be
recorded until it has been approved in the same manner as a subdivision
plat in an unincorporated area. If the county planning board does agree
to pass upon plats in an incorporated area, the county recorder shall be
advised of the fact by registered letter from the planning board and the
municipal legislative body. (L. 1959 S.B. 309 § 7, A.L. 1993 H.B. 910,
A.L. 1994 H.B. 1175)

Whenever a plan for major highways has been prepared, the county
commission, upon recommendation of the planning board, is hereby
authorized and empowered to establish, regulate and limit and to change
and amend, by order, building or setback lines on the major highways, and
to prohibit any new building being located within the building or setback
lines outside the corporate limits of any city, village or incorporated
town. When a plan for proposed highways or other public improvements has
been prepared, the county commission in the same manner is authorized to
prohibit any new building being located within the proposed site or
right-of-way when the center line of the proposed highway or the limits
of the proposed sites have been carefully determined and are accurately
delineated on maps approved by the planning board according to the
procedures set out in section 64.231 and adopted by the county
commission. The county commission 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 county board of zoning
adjustment, as herein provided, the board shall be appointed to serve as
the board of adjustment for the building line regulations. If there is no
county 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 provided in section 64.281
for the board of zoning adjustment. The regulations of this section shall
not be adopted, changed or amended until a public hearing has been held
thereon by the planning board, public notice of which shall be given in
the same manner as provided for the hearing in section 64.231. (L. 1959
S.B. 309 § 8, A.L. 1994 H.B. 1175)

1. For the purpose of promoting health, safety, morals, comfort
or the general welfare of the unincorporated portion of counties, to
conserve and protect property and building values, to secure the most
economical use of the land and to facilitate the adequate provision of
public improvements all in accordance with a comprehensive plan, the
county commission in all counties of the first class not having a charter
form of government and not operating a planning or zoning program under
the provisions of sections 64.800 to 64.905, is hereby empowered to
regulate and restrict, by order, in the unincorporated portions of the
county, the height, number of stories, and size of buildings, the
percentage of lots that may be occupied, the size of yards, courts and
other open spaces, the density of population, the location and use of
buildings, signs, structures and land for trade, industry, residence,
parks or other purposes, including areas for agriculture, forestry and
recreation.

2. The powers by sections 64.211 to 64.295 given shall not be exercised
so as to deprive the owner, lessee or tenant of any existing property of
its use or maintenance for the purpose to which it is then lawfully
devoted, except that reasonable regulations may be adopted for the
gradual elimination of nonconforming uses from districts zoned for
residential use. (L. 1959 S.B. 309 § 9, A.L. 1974 H.B. 1446)

For any or all of said purposes, the unincorporated territory may
be divided into districts of such number, shape and area as may be deemed
best suited to carry out the purposes of sections 64.211 to 64.295, and
shall be shown upon the plans or described in the regulations along with
standards for their application. Within the districts, the erection,
construction, reconstruction, alteration, repair or use of buildings,
structures or land may be regulated and restricted. All the regulations
shall be uniform for each class or kind of buildings or land uses
throughout each district, but the regulations in one district may differ
from those in other districts. The regulations shall be made in
accordance with a comprehensive plan, and shall give reasonable
consideration, among other things, to the existing use and character of
the district, its suitability for particular uses, conserving the value
of buildings and of existing development, and encouraging the most
appropriate use of land throughout the county. (L. 1959 S.B. 309 § 10)

The county commission shall provide for the manner in which the
regulations, restrictions and boundaries of the districts shall be
determined, established and enforced, and from time to time amended,
supplemented or changed. In order to avail itself of the powers conferred
by the provisions of sections 64.211 to 64.295, the county commission
shall request the county planning board to recommend the boundaries of
the various original districts and appropriate regulations to be enforced
therein. The board shall make a preliminary report and a proposed zoning
order and shall hold public hearings thereon and shall afford persons
interested an opportunity to be heard. A public hearing shall be held in
each township affected by the terms of the proposed order, notice of
which shall be given in the same manner as provided in section 64.231.
The notice shall state the time and place of the hearing and the place
where copies of the proposed report and order will be accessible for
examination by interested parties. The hearings may be adjourned from
time to time. Within ninety days after the final adjournment of the
hearings the board shall make a report and submit a proposed order to the
county commission. The county commission may enact the order with or
without change or may refer it back to the board for further
consideration. In the preparation of its report and proposed zoning order
the board may incur such expenditures as are authorized by the county
commission. (L. 1959 S.B. 309 § 11, A.L. 1994 H.B. 1175)

1. The regulations imposed under authority of sections 64.211 to
64.295 may be amended, supplemented or changed from time to time by the
county commission after the order establishing the same has gone into
effect, but no such amendment shall be made without a report and
recommendation from the planning board after public hearing before the
board, public notice of which shall be given in the same manner as
provided for the hearing in section 64.231.

2. The districts created under authority of sections 64.211 to 64.295 may
be amended, supplemented or changed from time to time by the county
commission after the order establishing the same has gone into effect,
but no such amendment shall be made without a report and recommendation
from the planning board after a public hearing before the board. The
hearing shall be held in any one place in the county designated by the
planning or zoning board regardless of the location of the land affected
by the amendment. Public notice of the hearing shall be given in at least
one publication in a newspaper of general circulation in the county at
least fifteen days before the date of the hearing.

3. In case of written protest against any proposed amendment, signed and
acknowledged by the owners of thirty percent of the frontage within one
thousand feet to the right or left of the frontage proposed to be
changed, or by the owners of thirty percent of the frontage directly
opposite, or directly in the rear of the frontage proposed to be altered,
or in cases where the land affected lies within one and one-half miles of
the limits of a municipality, by the city council or zoning board of any
such municipality, filed with the county clerk, such amendment may not be
passed except by the favorable vote of two-thirds of all the members of
the county commission. (L. 1959 S.B. 309 § 12, A.L. 1988 H.B. 923, A.L.
1994 H.B. 1175)

The planning board shall file a recommendation and report with
the county commission. The scope of review by the county commission shall
be limited to the recommendation and report of the board; except that the
county commission may hear and consider additional evidence, if the
county commission finds that the evidence in the exercise of reasonable
diligence could not have been produced, or was improperly excluded at the
hearing before the board. The county commission may in any case hear and
consider evidence of alleged irregularities in procedure, or of
unfairness by the board, not shown in the record. The county commission
in determining the result reached by the board shall give due weight to
the opportunity of the board to observe the witnesses and to the
expertness and experience of the board. Whenever the county commission
finds there is competent and material evidence, which in the exercise of
reasonable diligence could not have been produced, or was improperly
excluded at the hearing before the board, the county commission may
remand the case to the board with directions to reconsider the same in
the light of the evidence. The report shall consist of a complete
transcript of the entire record, proceedings and evidence before the
board. The county commission before deciding the case shall personally
consider the whole record, or such portions thereof as may be cited by
the parties, and shall personally consider any oral or written arguments
presented by all interested parties. (L. 1959 S.B. 309 § 13, A.L. 1994
H.B. 1175)

1. Any county commission which has appointed a planning board, as
provided in sections 64.211 to 64.295, shall create by order a county
board of zoning adjustment. The board of zoning adjustment shall consist
of three commissioners of the county commission whose terms shall be only
for the duration of their tenure of office. The board of zoning
adjustment shall adopt rules of procedure consistent with the provisions
of the zoning regulations and the provisions of sections 64.211 to
64.295. The chairman, or in the chairman's absence the acting chairman,
shall administer oaths and compel the attendance of witnesses. All
meetings of the board of zoning adjustment shall be open to the public.
Public notice of such meeting shall be given in at least one publication
in a newspaper of general circulation in the county at least fifteen days
before the date of the meeting. The notice shall state the time and place
of the hearing and the official docket of the board of zoning adjustment
and the place where the specific requests will be accessible for
examination by interested parties. Minutes shall be filed in the office
of the county clerk and shall be a public record. Appeals to the board of
zoning adjustment may be taken by any person aggrieved or by a public
officer, department, board or bureau affected by any order or decision of
the administrative officer in administering county zoning regulations.
The appeal shall be taken within a period of not more than three months,
and in the manner provided by the rules of the board of zoning
adjustment. The appeal shall stay all proceedings in furtherance of the
action appealed from, unless the officer from whom the appeal is taken
shall certify to the board of zoning adjustment that the grounds of
appeal would, in the officer's opinion, jeopardize or be detrimental to
life or property. The board of zoning adjustment shall have the following
powers and it shall be its duty:

(1) To hear and decide appeals where it is alleged there is error of law
in any order, requirement, decision, or determination made by an
administrative official in the enforcement of the county zoning
regulations;

(2) To hear and decide all matters referred to it or upon which it is
required to pass under county zoning regulations;

(3) In passing upon appeals, where there are practical difficulties or
unnecessary hardship in the way of carrying out the strict letter of such
order, which difficulties or hardship constitute an unreasonable
deprivation of use as distinguished from merely granting a privilege, the
board of zoning adjustment may vary or modify the application of any of
the regulations or provisions so the intended purpose of the regulations
shall be strictly observed, public safety and welfare secured and
substantial justice done.

2. In exercising the above powers, the board of zoning adjustment may in
conformity with the provisions of sections 64.211 to 64.295, 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.

3. Regulations adopted pursuant to the provisions of sections 64.211 to
64.295 may include appropriate and reasonable provisions for the control
of the use of buildings, structures, or land, which use of same cannot,
in the opinion of the board of zoning adjustment, be placed, specified,
or generally permitted in a specific district or districts because of the
peculiar nature of the uses. The uses shall be limited to those which, if
placed, specified or generally permitted in a specific district or
districts, would pose undue regulatory difficulties. The uses shall be
permitted only by a special permit issued by the board of zoning
adjustment as a permissive use and not as a rezoning, after public
hearing before the planning board, as provided by subsection 2 of section
64.271, and a report and recommendation made by the planning board to the
board of zoning adjustment. The special permit shall set out regulations,
restrictions, limitations and termination date so that reasonable control
may be exercised over said uses. This section shall not allow the
application of requirements for special use permits for any retail or
retail service establishment in a district in which retail and retail
service establishments generally are permitted uses, nor for any
wholesale distribution establishment in a district in which wholesale
storage and distribution establishments generally are permitted uses.

4. Any person aggrieved by any decision of the county board of zoning
adjustment, or of the county commission, or of any officer, department,
board or bureau of the county may present to the circuit court having
jurisdiction in the county in which the property affected is located, a
petition in the manner and form provided by section 536.110, RSMo. (L.
1959 S.B. 309 § 14, A.L. 1994 H.B. 1175)

Whenever the county zoning regulations made under the authority
of sections 64.211 to 64.295 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 greater percentage of lot to be left
unoccupied, or require a lower density of population, or require a more
restricted use of land, or impose other higher standards than are
required in any other statute, local order or regulation, private deed
restrictions or private covenants, the provisions of the regulations made
under authority of sections 64.211 to 64.295 shall govern. (L. 1959 S.B.
309 § 15)

Any county commission which has adopted a zoning plan as provided
by sections 64.211 to 64.295 shall appoint an enforcement officer who
shall serve at the pleasure of the commission and receive such
compensation as designated by the commission. The enforcement officer
shall be charged with the enforcement of the zoning regulations, setback
regulations, subdivision regulations and such other regulations as may be
adopted. The enforcement officer may appoint such employees as are deemed
necessary and may incur other necessary expenses, all subject to the
approval of the county commission. The enforcement officer or his
deputies shall forthwith file a complaint of all violations of the
regulations of sections 64.211 to 64.295 with the county prosecuting
attorney, in the name of the county, for appropriate action. (L. 1959
S.B. 309 § 16)

A violation of the provisions of sections 64.211 to 64.295, or of
any order or regulation adopted under authority of sections 64.211 to
64.295, is a misdemeanor. The proper county authorities or any persons,
the value or use of whose property is or may be affected by such
violation in addition to other remedies, may also institute any
appropriate action or proceedings by preventing or removing such
violation. (L. 1959 S.B. 309 § 17)

1. Any person who owns, leases, controls or operates lands within
any county of the first class having less than seven hundred thousand
inhabitants upon which there is any type of structure which is regularly
used as a residence, club or association, and wherein more than twenty
persons at any one time regularly reside or use the premises for the
purpose of congregating or meeting, and which structure contains
kitchens, toilets or washroom facilities, which lands may be located or
situate within a distance of one thousand yards from lands or areas used
as a children's playground, campsite, school grounds, park, or other
resort areas for children, shall cause any and all sewers or ditches
located upon the land and used for the purpose of discharging and
carrying away raw sewage or effluent from the building or premises, to be
fully and completely enclosed.

2. Any such sewer or enclosed ditch so constructed which allows or
permits offensive and unhealthful odors to emanate therefrom shall be
considered a nuisance and shall be condemned as such and shall not be
used for the purpose of carrying raw sewage and effluent until all cause
of the odors is fully and completely eliminated.

3. Any person who is in charge of such lands or premises and who is found
guilty of using any open ditch or sewer for the discharge of effluent or
raw sewage after the ditch or sewer has been condemned in accordance with
the provisions of this section, shall be adjudged guilty of maintaining a
nuisance and on conviction shall be punished by a fine of not to exceed
one thousand dollars or by imprisonment in the county jail for a period
not to exceed one year, or by both the fine and imprisonment. (L. 1961 p.
303 §§ 1, 2, 3)

The governing body of all counties of class one with a charter
form of government may purchase at public expense out of the county
treasury or may receive by gift or donation, lots, tracts and parcels of
ground and lands to be used as public parks, playgrounds, camping sites,
recreation purposes and sanitary landfills. The governing body of such
counties may acquire property for such purposes by eminent domain, and
the procedure therefor shall be the same as is provided by law for
condemnation for road purposes. The counties may, by appropriate order of
their respective governing body, levy an annual tax not to exceed ten
cents on the one hundred dollars assessed valuation for the acquisition,
planning, improvement, maintenance, operation and leasing of such parks,
playgrounds, camping sites, and sanitary landfills; except that the
governing body of such county may levy an annual tax for the purposes
enumerated in this section not to exceed eleven cents on the one hundred
dollars assessed valuation for the calendar year 1975 and thereafter and
an annual tax for the purposes enumerated in this section not to exceed
twelve cents on the one hundred dollars assessed valuation for the
calendar year 1976 and thereafter. For the calendar year 1991 and
thereafter, any county of the first class having a charter form of
government and containing part of a city with a population of three
hundred thousand or more may levy an annual tax for the purposes
enumerated in this section not to exceed twenty cents on the one hundred
dollars assessed valuation. (RSMo 1939 § 15387, A.L. 1941 p. 480, A.L.
1945 p. 1324, A.L. 1945 p. 1326, A.L. 1951 p. 402, A.L. 1953 p. 382, A.L.
1957 p. 333, A.L. 1973 S.B. 178, A.L. 1990 S.B. 801)

Prior revision: 1929 § 14265

Effective 2-2-90

CROSS REFERENCE: Acquisition by county of plants for destruction of
waste, RSMo 49.303

The county commissions in all counties of class one not having a
charter form of government may purchase at public expense out of the
county treasury or may receive any gift or donation, lots, tracts and
parcels of ground and lands to be used as public parks, playgrounds,
camping sites, recreation purposes, and sanitary landfills. The county
commissions in class one counties not having a charter form of government
may acquire property for such purposes by eminent domain, and the
procedure therefor shall be the same as is provided by law for
condemnation for road purposes. These counties may, by appropriate order
of their respective county commissions, levy an annual tax not to exceed
ten cents on the one hundred dollars assessed valuation for the
acquisition, planning, improvement, maintenance, operation and leasing of
such parks, playgrounds, camping sites, and sanitary landfills; except
that the annual tax for the acquisition, planning, improvement,
maintenance, operation and leasing of parks, playgrounds and camping
sites may be set at any amount approved by the qualified voters of the
county in the manner prescribed by section 64.451. (L. 1965 p. 178 § 1,
A.L. 1973 S.B. 178, A.L. 1994 H.B. 1200 & 1192)

The county commissions of all counties of class one may in their
discretion appoint a board of at least five but not more than seven
resident citizens of the county, one of whom may be an engineer or
landscape gardener, to be known and designated as "The Board of Park
Commissioners", the members of said board to act without compensation.
The board shall have the power to make suggestions and plans for the use,
development and maintenance of any lots, tracts, parcels of ground
acquired and used for the purposes aforesaid, but said board shall have
no authority to make any contracts or bind the county in any manner
whatsoever. (RSMo 1939 § 15388, A.L. 1945 p. 1326, A.L. 1951 p. 402, A.L.
1987 H.B. 453)

Prior revision: 1929 § 14266

1. In order to furnish security similar to that provided in state
parks, the governing body of each first class county which contains a
portion of a city with a population of four hundred thousand inhabitants
or more may appoint and set the compensation of such park rangers, who
shall be certified by the director of the department of public safety, as
provided in chapter 590, RSMo, as it deems necessary for the prompt and
proper discharge of its duties relating to the parks and recreational
facilities of the county. Such certification shall include one hundred
twenty hours of training in addition to that required in section 590.105,
RSMo. The salaries of all park rangers appointed under this section shall
be paid in the same manner as the salaries of other county employees.

2. Each park ranger appointed under this section shall:

(1) Before entering upon the discharge of his duties, take and subscribe
an oath of office to perform his duties faithfully and impartially;

(2) Have full authority, except as otherwise limited in this section, to
preserve the peace, make arrests, and issue citations for violations of
any rules or regulations adopted by the governing body pursuant to
section 64.345.

3. Park rangers appointed under this section may carry firearms while
engaged in the performance of their official duties only while within the
park boundaries, subject to the training requirements of section 590.105,
RSMo.

4. All revenues received from fines levied pursuant to subsection 2 of
this section shall be deposited into the county school fund and
distributed pursuant to section 166.131, RSMo. (L. 1983 H.B. 350 § 2,
A.L. 1986 S.B. 783)

Effective 6-11-86

1. In order to furnish security similar to that provided in state
parks, the county commission of any county of the first classification
without a charter form of government with a population of at least one
hundred fifty thousand containing a part of a city with a population over
three hundred fifty thousand may appoint and set the compensation of such
park rangers, who shall be certified by the director of the department of
public safety, as provided in chapter 590, RSMo, as it deems necessary
for the prompt and proper discharge of its duties relating to the parks
and recreational facilities of the county. Such certification shall
include one hundred twenty hours of training in addition to that required
in section 590.105, RSMo. The salaries of all park rangers appointed
pursuant to this section shall be paid in the same manner as the salaries
of other county employees.

2. Each park ranger appointed pursuant to this section shall:

(1) Before entering upon the discharge of his or her duties, take and
subscribe an oath of office to perform his or her duties faithfully and
impartially;

(2) Have full authority, including all the powers given to other peace
officers of this state, to preserve the peace, make arrests, and issue
citations for violations of any state law or of any rules or regulations
adopted by the governing body pursuant to section 64.345, on all land,
thoroughfares and waterways within the park boundaries.

3. Park rangers appointed pursuant to this section may carry firearms
while engaged in the performance of their official duties only while
within the park boundaries, subject to the training requirements of
section 590.105, RSMo.

4. All revenues received from fines levied pursuant to subsection 2 of
this section shall be deposited into the county school fund and
distributed pursuant to section 166.131, RSMo. (L. 2000 H.B. 1238 merged
with S.B. 894)

1. The county commissions in all counties of class one are hereby
authorized and given the power in all matters pertaining to lots, tracts
and parcels of ground, land and improvements thereon used by such
counties as public parks, playgrounds, camping sites, recreation areas
and sanitary land fills, to lease such land or any part thereof and any
improvements erected thereon to, and permit improvements to be erected
thereon by any person, firm or corporation undertaking to serve the
public purposes thereof and to grant concessions therein for the sale of
refreshments to the public using such areas and for services therein
relating to boating, swimming, picnicking, golfing, shooting, horseback
riding, fishing, tennis and other recreational, cultural and educational
uses upon such terms and under such regulations as the county commissions
may prescribe. The county commission may establish, change from time to
time and provide for collection thereof by its agents, employees or
concessionaires a reasonable charge or charges to the public for the uses
of and services in the areas as hereinabove set out. No lease or
concession grant shall be for a longer term than seven years. No such
lease shall be made or concession granted until after due opportunity for
competition, including advertising the proposed letting or granting in a
newspaper in the county with a circulation of at least five hundred
copies per issue, if there be such, and if not, in such case notice shall
be posted on the bulletin board in the county courthouse. All leases
shall be made and concessions granted to the party or parties submitting
the bid most favorable to the county. In every such lease made and
concession granted, the county shall reserve the right for properly
authorized representatives thereof to enter at all reasonable times in
and upon the premises for the purpose of inspecting same. All moneys
derived from any leases, concessions, charges, or from the sale of
products obtained from any such areas shall be paid into the county
treasury and be credited to the park fund and be used and expended by the
county commission for park purposes. Nothing herein stated shall be held
to abrogate the conditions specified in the deed or deeds of gift of any
land or lands herebefore granted to the county, but said deed or deeds
and acceptance thereof and all conditions therein are hereby ratified and
confirmed, which conditions thereof, so far as they may be in conflict
with this section, shall be considered as exceptions to the provisions
hereof.

2. When private operators are not interested or available, the county
commission shall have the power to operate the facilities described in
subsection 1 of this section for a period not to exceed seven years,
after which the facilities shall again be offered for competitive bids
for private operation. In the event such bids are not responsive or
favorable to the county, the county commission shall continue to operate
the facilities for an additional period of time not to exceed seven
years. (L. 1957 p. 331 § 1, A.L. 1987 H.B. 453, A.L. 2003 S.B. 282)

1. The county commission of any county of the first
classification without a charter form of government with a population of
at least one hundred fifty thousand containing part of a city with a
population over three hundred fifty thousand is hereby authorized to
acquire, by purchase or gift, establish, construct, own, control, lease,
equip, improve, maintain, operate and regulate, in whole or in part,
concession stands or marinas within any area contiguous to the lake which
is used as a public park, playground, camping site or recreation area. No
such lease or concession grant shall be for a longer term than
twenty-five years, unless the proposed investment by the lessee or
concessionaire is greater than ten million dollars, in which case the
lease or concession grant may, at the county's option, be for a term not
to exceed fifty years.

2. Such concession stands or marinas may offer refreshments for sale to
the public using such areas and services therein relating to boating,
swimming, picnicking, golfing, shooting, horseback riding, fishing,
tennis and other recreational, cultural and educational uses upon such
terms and under such regulations as the county may prescribe. If the
county elects to bid the services authorized herein, the county shall
award any contracts relating thereto to the most favorable bidder based
upon the terms and regulations prescribed by the county after due
opportunity for competition including advertising the proposal letting or
granting in a newspaper in the county with a circulation of at least five
hundred copies per issue, if there be such, and if not, in such case
notice shall be posted on the bulletin board in the county courthouse.
The county shall have the right to reject any and all bids.

3. All moneys derived from the operation of concession stands or marinas
shall be paid into the county treasury and be credited to a "Park Fund"
to be established by each county authorized under subsection 1 of this
section and be used and expended by the county commission for park
purposes.

4. Any county meeting the qualifications of this section shall also have
any other powers granted in section 64.341, provided, such powers shall
not be construed to limit any powers granted in this section. (L. 1987
H.B. 453, A.L. 2000 H.B. 1238 merged with S.B. 894, A.L. 2001 S.B. 86,
A.L. 2003 S.B. 234, A.L. 2004 H.B. 1187)

The county commissions may make and promulgate regulations for
the regulation of the public use of areas subject to section 64.341, the
hours, conditions, method and manner of such use, the regulation of
traffic therein, the protection of the public property and the promotion
of the usefulness of such properties. Violation of any regulation so
adopted is a misdemeanor. (L. 1957 p. 331 § 2)

The county commissions of all counties of the second class shall
be empowered, as in sections 64.350 to 64.390 provided, to acquire real
estate and other property and improve, maintain and control the same for
public recreation purposes and for those purposes there is hereby created
a county planning and recreation commission to consist of four members
appointed by the county commission of such counties. The members of the
planning and recreation commission shall be registered voters of the
county and known for their intelligence and integrity and shall have
resided in such county for a period of five years prior to the date of
their appointment. Not more than two planning and recreation
commissioners shall belong to the same political party. The planning and
recreation commissioners first appointed shall hold office respectively
for the terms of one, two, three or four years as indicated and fixed in
the order of their appointment, and all planning and recreation
commissioners after the first appointment shall be so appointed for the
full term of four years. The planning and recreation commissioners shall
serve without compensation. Any one of the planning and recreation
commissioners shall be held to have vacated his office in event of his
appointment to, or becoming a candidate for, any political office.
Vacancies in the planning and recreation commission shall be filled for
the unexpired term by the county commission. The planning and recreation
commission shall organize by electing one of their number as president,
one as vice president, one as secretary and one as treasurer. The
planning and recreation commission shall be known and act by and under
the name and style of "The County Planning and Recreation Commission of
......... County". (RSMo 1939 § 2517, A.L. 1945 p. 834, A.L. 1986 H.B.
1554 Revision, A.L. 1990 H.B. 1070)

The county commissions of such counties shall upon the
recommendation of the county planning and recreation commission have
power: To acquire by purchase, gift, lease, condemnation or otherwise,
real estate and other properties for public recreational purposes; to
designate, lay out, acquire and to construct and maintain highways,
bridges, viaducts and other structures necessary to public highways or
highway systems, as other county highways are acquired, improved and
maintained for such purposes by the method herein provided for acquiring
real estate and acquire by any such methods real estate or other property
for drains, canals and sewers either within or without such property so
acquired for the protection of or as a part of such property, and the
county commission may apportion and turn over to the commission herein
created, sufficient federal government funds, state funds or county
relief funds to acquire such property and to construct and maintain
improvements thereon and to control and operate the properties so
acquired. (RSMo 1939 § 2518)

The county planning and recreation commission shall have power:
To prepare and recommend to the county commission plans relating to the
location, extension, construction and improvement of highways, bridges,
viaducts, subways, construction and maintenance of sewers and canals,
within or without the property so acquired for such purposes; to design,
construct and maintain any and all improvement work, buildings or other
structures pertaining to the development of such recreational projects as
is now herein specifically delegated only to the county commission, and
adopt rules and regulations for and control all institutions, businesses,
recreations, or other affairs or property within the area acquired
without limit, any agreement or contract to the contrary notwithstanding;
to contract and be contracted with as authorized agent of the county in
connection with the purposes herein authorized; to lease, let, license or
grant concessions to such properties or structures under its control on
such terms and conditions as will conserve and promote the public
interest; to expend money received for all such purposes; provided, that
the commission shall on or before the first day of March of each year
file a complete report with the county commission showing all moneys
received and from what source and expenditures made, which shall be a
public record; to make and enforce within its limits any local, police,
health, sanitary, public convenience or other regulation as is desirable
for the public welfare; to employ suitable persons, labor and expert
assistance to acquire such property, design and construct improvements
thereon and maintain and control the same. (RSMo 1939 § 2519)

For all purposes herein provided for such counties, the
commission in its own name may make all necessary rules, regulations,
commitments, contracts, agreements or other provisions and apply for and
receive in the name of the county or its own name, either directly or
through any other body, organization, or agent, any assistance or money
or obtain a loan or loans, and pledge the property acquired for any
moneys that may be available from the United States government or the
state in carrying out the purposes of sections 64.350 to 64.390 and shall
cooperate with any city or county and with any official or unofficial
body of the federal government, state of Missouri or other states, or
counties within or without the state, in the preparation and carrying out
of any plans or developments or acquisitions of property whenever such
systems or improvements may be of benefit to the people of such county;
provided, however, that no real estate shall be acquired within the
territory embraced in any public park district already organized and
authorized by law, except with the consent of the official body in charge
thereof. (RSMo 1939 § 2520)

Just compensation shall be paid for all property taken or damaged
hereunder by the acquisition of real estate or other property or the
improvement thereof and for the purpose of ascertaining the damages for
the taking or improvement of property, the methods of procedure shall be
followed in ascertaining the damages sustained by property owners whose
property has been taken or damaged as provided by law for ascertaining
damages in the case of opening roads and highways and the amount of such
damage and costs shall not be assessed and charged against the county,
but shall be charged only against the territorial limits of the
properties acquired which shall be the sole benefit district, and shall
be paid solely from the profits arising from the proceeds of leaseholds
and concessions or any other funds accumulating from the management of
the project. (RSMo 1939 § 2521)

1. Persons residing in an area adjacent to and within three miles
of a municipality that has formed and established a park system under
sections 90.010 to 90.020 and 90.500 to 90.570, RSMo, may petition to
become part of the park system in the manner prescribed in this
subsection. The petition shall include a description of the territory to
be embraced by the park system, the provision for a tax to support the
park system at the rate of tax which residents of the municipality are
required to pay to support the park system, and the signatures of five
percent of the qualified voters within the area outside the municipality
as determined by the county clerk on the basis of the number of votes
cast in the area for governor in the last election held prior to filing
of the petition. The petition shall be filed with the governing body of
the municipality and the county clerk. The governing body of the
municipality shall within thirty days of receipt of the petition vote to
approve or reject the request of the adjacent property owners to become
part of the municipal parks system at a regularly scheduled meeting of
the governing body of the municipality. The governing body of the
municipality shall notify the county clerk of its action. If the
governing body of the municipality rejects the request, no further action
on the matter shall be taken for a period of one year after the date that
the governing body rejects the request. After such period of time, the
persons residing in the area may submit a new petition pursuant to this
subsection. If the governing body of the municipality approves the
request, the county clerk shall proceed as prescribed in subsections 2
and 3 of this section.

2. Upon approval of the issue by the governing body of the municipality
as prescribed in subsection 1 of this section, the county clerk shall
present the petition to the county commission who shall thereupon set the
petition for hearing not less than thirty days nor more than forty days
after the filing.

3. Notice shall be given by the county commission of the time and place
where the hearing will be held, by publication on three separate days in
one or more newspapers having a general circulation within the territory
proposed to be incorporated as part of the park system, the first of
which publications shall be not less that twenty days prior to the date
set for the hearing and if there is no such newspaper, then notice shall
be posted in ten of the most public places in the territory, not less
than twenty days prior to the date set for the hearing. This notice shall
include a description of the territory as set out in the petition, the
question of incorporation for park system services and the rate of tax
which residents within the area outside the municipality would be
required to pay to support the park system as set out in the petition.

4. If the county commission finds that the petition and notice meet the
requirements of subsections 1, 2 and 3 of this section, and that the
boundaries as defined are reasonable boundaries for the incorporation of
the area into the park system, the county commission shall order the
submission of the question.

5. The question shall be submitted to the voters within the area outside
the municipality substantially in the following form:

Shall the area be part of the public park system of the ............
(city, town, village) and shall a .... cent tax on each one hundred
dollars of assessed valuation within the area be levied for public parks?

YES NO

6. If a majority of the votes cast on the proposal by the qualified
voters within the area outside the municipality voting thereon are in
favor of the proposal, then the area shall be part of the municipal park
system as of the first day of the year following the year of the election.

7. The results of the election shall be certified by the election
official of the county not less than thirty days after the election. In
the event the proposal fails to receive a majority of the votes within
the area outside the municipality in favor of the proposal, then such
proposal shall not be resubmitted at any election held within one year of
the date of the election the proposal was rejected.

8. If the area outside the municipality votes to join the municipal park
system, then such an area shall have proportional representation on the
park board in accordance with its population to the population of the
municipality, except that such area shall be entitled to at least one
representative on the park board. The county clerk shall determine the
number of additional representatives by dividing the population of the
municipality based on the last decennial census by nine to produce the
quotient and shall allocate to the area that has voted to join the
district one representative per quotient or part thereof which
representative or representatives shall be in addition to the nine
representatives from the municipality. The county commission shall
appoint board members who shall have resided in the area outside the
municipality which is included within the municipal park system for terms
of three years. Where the area is in more than one county, the county
commissions of each county shall, as nearly as practicable, evenly
appoint such members with the county commission of the county having the
largest area within the system appointing a greater number of board
members if the members cannot be appointed evenly. Residents of such area
residing outside the municipal boundaries shall have the same right of
access to parks and park facilities in the municipal park system as
residents of the municipality.

9. The provisions of sections 90.010 to 90.020 and 90.500 and 90.570,
RSMo, shall apply to all areas outside the municipality that are included
in the municipal park system under the provisions of this section. (L.
1994 H.B. 1200 & 1192 §§ 2 to 6)

County commissions in all counties in the state of Missouri may
set aside five percent of the county revenue fund for the purchase of
county parks and the maintenance thereof. Titles to land purchased shall
be taken in the name of the county, and each county commission is
authorized to set aside a sufficient amount each year for the maintenance
of said parks when purchased. (RSMo 1939 § 15390)

Prior revision: 1929 § 14268

1. When one hundred voters of any county file a petition with the
governing body of the county requesting that an annual tax be levied for
the establishment and maintenance of free public parks in the county and
providing for suitable entertainment therein and specify in their
petition a rate of taxation as provided in this section, the governing
body of the county shall submit the following question to the voters.

2. The question shall be submitted in substantially the following form:

Shall a .... cent tax per one hundred dollars assessed valuation be
levied for public parks?

YES NO

If a majority of the votes cast on the proposal by the qualified voters
voting thereon are in favor of the proposal, then the tax authorized in
this section shall be in effect. If a majority of the votes cast by the
qualified voters voting are opposed to the proposal, then the governing
body of the county shall have no power to impose the tax authorized in
this section until the governing body of the county resubmits another
proposal to authorize the governing body of the county to impose the tax
authorized by this section and such proposal is approved by a majority of
the qualified voters voting thereon.

3. The tax authorized in this section shall be levied and collected in
the same manner as other general taxes of the county, shall be deposited
in the county treasury in a special trust fund and shall be used solely
for the establishment and maintenance of free public parks in the county
and providing for suitable entertainment therein. (L. 1994 H.B. 1200 &
1192 § 1)

As used in sections 64.460 to 64.487, the following terms mean:

(1) "Ashes", the residue from the burning of wood, coal, coke, or other
combustible materials;

(2) "Garbage", putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking, and consumption of food;

(3) "Refuse", all putrescible and nonputrescible solid wastes (except
body wastes) including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles, and solid market and industrial wastes;

(4) "Rubbish", nonputrescible solid wastes, excluding ashes, consisting
of both combustible and noncombustible wastes, such as paper, cardboard,
tin cans, yard clippings, wood, glass, bedding, crockery, and similar
materials. (L. 1955 p. 348 § 1)

(1966) County option dumping ground law does not make operation of a
dumping or disposal ground or area without first applying for and
obtaining a license a punishable offense. State v. McClary (A.), 399
S.W.2d 597.

No person shall dispose of any ashes, garbage, rubbish or refuse
at any place except a disposal area licensed as provided in sections
64.460 to 64.487. (L. 1955 p. 348 § 2)

1. Any person desiring a license to operate a disposal area shall
make application therefor to the county commission on forms provided by
it.

2. The application shall contain the name and residence of the applicant,
the location of the proposed disposal area, and such other information as
may be necessary. The application shall be accompanied by a fee of
twenty-five dollars. (L. 1955 p. 348 § 3)

1. Upon receipt of the application the county commission shall
notify the state department of health and senior services which shall
inspect the proposed site and determine if the proposed operation
complies with sections 64.460 to 64.487 and the rules and regulations
adopted pursuant thereto.

2. If the department of health and senior services reports favorably on
the application, and the county commission finds that the applicant is a
responsible and suitable person to conduct the business, then the county
commission shall issue a license to the applicant.

3. All licenses shall expire one year after issuance but may be renewed
upon payment of an annual fee of twenty-five dollars. (L. 1955 p. 348 § 4)

The county commission may revoke any license after reasonable
notice and hearing if it finds that the disposal area is not operated in
a sanitary manner as required in sections 64.460 to 64.487. (L. 1955 p.
348 § 5)

The state department of health and senior services shall prepare
and publish rules and regulations which shall contain sanitary standards
for disposal areas. The department of health and senior services shall
inspect all licensed disposal areas and enforce all provisions of
sections 64.460 to 64.487. (L. 1955 p. 348 § 6)

Sections 64.460 to 64.487 shall not be construed to prohibit any
person from disposing of any ashes, garbage, rubbish or refuse from his
own household upon his own land as long as such disposal does not create
a nuisance. Sections 64.460 to 64.487 shall not apply to any disposal
area operated by or under the control of any city, town or village and
being located within the boundaries of such city, town or village. (L.
1955 p. 348 § 7)

Sections 64.460 to 64.487 shall not be operative in any county
until the county commission, after notice and hearing, by order entered
of record, so orders. (L. 1955 p. 348 § 8)

Any person violating sections 64.460 to 64.487 shall be guilty of
a misdemeanor. (L. 1955 p. 348 § 9)

1. Any county of the second, third or fourth class may purchase
or lease, maintain and operate a dumping grounds for the disposal of
ashes, garbage, refuse and rubbish as defined in sections 64.460 to
64.487 and may agree or contract with any municipality within the county
for the operation of a dumping grounds, as provided in chapter 70, RSMo.

2. Any dumping grounds operated under the provisions of this section
shall be inspected by the state department of health and senior services
and is subject to the rules and regulations promulgated by the department
pursuant to section 64.477. (L. 1967 p. 138 § 1)

The county commission of any county of the second or third class
may, after approval by vote of the people of the county, provide for the
preparation, adoption, amendment, extension and carrying out of a county
plan for all areas of the county outside the corporate limits of any
city, town or village which has adopted a city plan in accordance with
the laws of the state. Upon the adoption of the county plan there is
created in the county a county planning commission as hereinafter
provided. (L. 1951 p. 406 § 1, A.L. 1957 p. 321, A.L. 1961 p. 304, A.L.
1963 p. 117)

Such county planning commission shall consist of the county
highway engineer or head of the highway department, and one resident of
the county appointed by the county commission, from the unincorporated
part of each township in the county, except that no such resident shall
be appointed from a township in which there is no unincorporated area.
The township representatives are hereinafter referred to as appointed
members. The term of each appointed member shall be four years or until a
successor takes office, except that the terms shall be overlapping and
that the respective terms of the members first appointed may be less than
four years. The term of the county highway engineer shall be only for the
duration of the engineer's tenure of official position. All members of
the county planning commission shall serve as such without compensation,
except that an attendance fee as reimbursement for expenses may be paid
to the appointed members of the planning commission in an amount, as set
by the county commission, not to exceed twenty-five dollars for each
meeting. The planning commission shall elect its chairman, who shall
serve for one year. (L. 1951 p. 406 § 2, A.L. 1959 H.B. 423, A.L. 1971
H.B. 255, A.L. 1986 H.B. 1554 Revision, A.L. 1990 H.B. 1070, A.L. 1993
H.B. 910 merged with S.B. 56, A.L. 2004 H.B. 795, et al. merged with H.B.
1377)

1. Before the county commission of any such county shall adopt
any plan or create any commission provided for in sections 64.510 to
64.690 it shall order the question as to whether or not the county
commission shall adopt county planning or zoning submitted to the voters
of the county.

2. The question shall be submitted in substantially the following form:

Shall county zoning (or planning) be adopted?

3. If a majority of the votes cast on the question be in favor of the
adoption of zoning or planning the county commission may then proceed as
heretofore provided in sections 64.510 to 64.690. (L. 1951 p. 406 § 16a,
A.L. 1978 H.B. 971)

The county planning commission may create and adopt rules for the
transaction of its business and shall keep a public record of its
resolutions, transactions, findings, and recommendations. The commission
may appoint such employees as it may deem necessary for its work and may
contract with planners and other consultants for such services as it may
require and may incur other necessary expenses. The county planning
commission and all third class counties may charge and collect a fee for
any service it provides, but the fee must be established by rule. The
expenditures of county funds by the county planning commission in all
second class counties shall not be in excess of the amounts appropriated
for that purpose by the county commission. The expenditures of county
funds by the county planning commission in all third class counties shall
not be in excess of the amount of fees collected by it and the amounts
appropriated for that purpose by the county commission. The commission
shall have such other powers as may be necessary and proper to enable it
to perform the duties imposed upon it by law. (L. 1951 p. 406 § 3, A.L.
1980 H.B. 1259)

The county planning commission shall have power to make, adopt
and publish an official master plan of the county for the purpose of
bringing about coordinated physical development in accordance with the
present and future needs. The official master plan shall be developed so
as to conserve the natural resources of the county, to insure efficient
expenditure of public funds and to promote the health, safety,
convenience, prosperity and general welfare of the inhabitants. Such
official master plan may include, among other things, studies and
recommendations relative to the location, character and extent of
highways, railroads, bus, streetcar and other transportation routes,
bridges, public buildings, schools, parks, parkways, forests, wildlife
refuges, dams, and projects affecting conservation of natural resources.
The county planning commission may adopt the official master plan in
whole or in part and may subsequently amend or extend the adopted plan or
portion thereof. 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 which shall be
published in at least one newspaper having general circulation within the
county, and notice of such hearing shall also be posted at least fifteen
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. The adoption
of the plan, or part thereof, shall be by resolution carried by not less
than a majority vote of the full membership of the county planning
commission. After the adoption of the official master plan, or part
thereof, an attested copy shall be certified to the county commission, to
the recorder of deeds and to the clerk of each incorporated area covered
by the plan or part thereof. (L. 1951 p. 406 § 4, A.L. 1971 H.B. 440)

That nothing herein shall affect the recovery of natural
resources by strip or open cut mining; provided that commercial
structures shall be permitted in all districts except those zoned for
residential or recreational use. (L. 1951 p. 406 § 18)

(1977) Held, § 64.560 is unconstitutional as a special law. Ryder v.
County of St. Charles (Mo.), 552 S.W.2d 705.

From and after the adoption of the official master plan or
portion thereof and its proper certification and recording, thereafter no
improvement of a type embraced within the recommendations of such
official master plan or part thereof shall be constructed or authorized
without first submitting the proposed plans thereof to the county
planning commission and receiving the written approval or recommendations
of said commission. This requirement shall be deemed to be waived if the
county planning commission fails to make its report and recommendations
within forty-five days after receipt of the proposed plans. In the case
of any public improvement sponsored or proposed to be made by any
municipality or other political or civil subdivision of the state, or
public board, commission or other public officials, the disapproval or
recommendations of the county planning commission may be overruled by a
two-thirds vote, properly entered of record and certified to the county
planning commission, of the governing body of such municipality, or other
political or civil subdivision, or public board, commission or officials,
after the reasons for such overruling are spread upon its minutes, which
reasons shall also be certified to the county planning commission. (L.
1951 p. 406 § 5)

The county planning commission may also prepare, adopt, change
and amend, as parts of the official master plan or otherwise, sets of
regulations governing subdivisions of land in unincorporated areas, and
amend or change same from time to time, as herein provided, which
regulations may provide for the proper location and width of streets,
building lines, open spaces, safety, recreation, and for the avoidance of
congestion of population, including minimum width and area of lots. Such
regulations may also include the extent to which and the manner in which
streets shall be graded and improved, and the extent to which water,
sewer and other utility services shall be provided, to protect public
health and general welfare. Such regulations may provide that in lieu of
the immediate completion or installation of such work, the county
planning commission may accept bond for the county commission in the
amount and with surety and conditions satisfactory to the county
commission, providing for and securing to the county commission the
actual construction of such improvements and utilities within a period
specified by the county planning commission, and the county commission
shall have power to enforce such bond by all proper remedies. Such
subdivision regulations shall be adopted, changed or amended, certified
and filed as provided in section 64.550. Such subdivision regulations
shall be adopted, changed or amended only after a public hearing has been
held thereon, public notice of which shall be given in the manner as
provided for the hearing in section 64.550. (L. 1951 p. 406 § 6)

Whenever the county planning commission shall have adopted,
recorded and filed certified copies of any part of the official master
plan relating to major highways or to subdivision regulations, thereafter
no plat of a subdivision of land within the unincorporated area of such
county or the portion thereof covered by the major highway plan shall be
recorded until such plat shall first have been approved by the county
planning commission. If the planning commission does not report upon the
plat within thirty days, it may then be deemed approved by the county
planning commission, and such commission shall certify such facts upon
such plat. If such plat is approved by the county planning commission,
such approval shall be endorsed in writing thereon. However, if such plat
be amended or rejected by the county planning commission, or if the
council or board of trustees of any municipality files with the county
planning commission a certified copy of a resolution of such council or
board protesting against the action of the county planning commission
approving any such plat of any land lying within one and one-half miles
of the limits of the incorporated area of such municipality, such
approval shall be deemed overruled, and such plat may be then approved
only by a two-thirds vote of the county commission, and the reasons for
the approval or failure to approve such plat shall be spread upon the
records of the county commission and certified to the county planning
commission. No plat of subdivision of land in the unincorporated areas of
the county shall be recorded in the office of the recorder of deeds
unless and until approved as herein provided. Municipalities shall have
power, by ordinance, to require plats of subdivision of land within the
corporate limits of such municipalities to be submitted to the county
planning commission before being submitted to the municipality for
approval, and before being recorded. A certified copy of any such
ordinance shall be filed in the office of the recorder of deeds for the
county. The county planning commission shall, upon written request of any
such municipality, consider such plats and shall report its findings and
its recommendations thereon in writing to the proper officials of such
municipality. (L. 1951 p. 406 § 6, A.L. 1990 H.B. 1258)

After any plan for major highways, or portion thereof, has been
prepared by the county planning commission, filed and certified as
provided in section 64.550, the county commission shall be authorized and
empowered to establish, regulate and limit building or setback lines on
such major highways outside the corporate limits of municipalities and to
prohibit any new building being located within such building or setback
lines, and to amend such regulations from time to time. All orders of the
county commission relating to such building or setback lines shall be
entered of record and certified copies thereof shall be filed with the
county planning commission, and in the office of the recorder of deeds.
(L. 1951 p. 406 § 7)

The county commission shall provide for a board of adjustment
with powers to modify or vary the regulations, in specific cases, in
order that unwarranted hardships, which constitute an unreasonable
deprivation of use as distinguished from the mere grant of a privilege,
may be avoided, the intended purpose of the regulations being strictly
observed and the public welfare and public safety protected. If there is
a county board of zoning adjustment as provided in section 64.660, such
board shall be appointed to serve as the board of adjustment for the
building or setback line regulations. If there be no county board of
zoning adjustment, the personnel, length of terms, method of appointment
and organization of the board of adjustment for the building or setback
line regulations shall be the same as provided in section 64.660 for the
board of zoning adjustment. Regulations authorized under section 64.600
shall not be adopted, changed or amended until a public hearing has been
held thereon by the county planning commission, public notice of which
shall be given in the same manner as provided for the hearing in section
64.550. (L. 1951 p. 406 § 8)

1. For the purpose of promoting health, safety, morals, comfort
or the general welfare of the unincorporated portion of counties of the
second or third class to conserve and protect property and building
values, to secure the most economical use of the land, and to facilitate
the adequate provision of public improvements all in accordance with a
comprehensive plan, the county commission of any county to which sections
64.510 to 64.690 are applicable as provided in section 64.510 shall have
power after approval by vote of the people as provided in section 64.530
to regulate and restrict, by order of record, in the unincorporated
portions of the county, the height, number of stories, and size of
buildings, the percentage of lots that may be occupied, the size of
yards, courts and other open spaces, the density of population, the
location and use of buildings, structures and land for trade, industry,
residence or other purposes, including areas for agriculture, forestry,
and recreation.

2. The provisions of this section shall not apply to the incorporated
portions of the counties, or to the raising of crops, livestock,
orchards, or forestry, or to seasonal or temporary impoundments used for
rice farming or flood irrigation. As used in this section, the term "rice
farming or flood irrigation" means small berms of no more than eighteen
inches high that are placed around a field to hold water for use for
growing rice or for flood irrigation. This section shall not apply to the
erection, maintenance, repair, alteration or extension of farm buildings
or farm structures used for such purposes in an area not within the area
shown on the flood hazard area map. This section shall not apply to
underground mining where entrance is through an existing shaft or shafts
or through a shaft or shafts not within the area shown on the flood
hazard area map.

3. The powers granted by sections 64.510 to 64.690 shall not be construed:

(1) So as to deprive the owner, lessee or tenant of any existing property
of its use or maintenance for the purpose to which it is then lawfully
devoted;

(2) So as to deprive any court of the power of determining the
reasonableness of regulations and powers in any action brought in any
court affecting the provisions of sections 64.510 to 64.690, or the rules
and regulations adopted thereunder;

(3) To authorize interference with such public utility services as may
have been or may hereafter be authorized or ordered by the public service
commission or by permit of the county commission, as the case may be.

4. Nothing contained in sections 64.510 to 64.695 shall affect the
existence or validity of an ordinance or order which a county has adopted
prior to March 4, 1991. (L. 1951 p. 406 § 9, A.L. 1991 H.B. 72)

Effective 3-4-91

CROSS REFERENCE: Building permits, class two counties, RSMo 137.177

For any or all of the purposes of section 64.620, said
unincorporated territory may be divided into districts of such number,
shape and area as may be deemed best suited to carry out the purpose of
sections 64.510 to 64.690 and shall be shown upon the county commission's
zoning plan; and within such districts the erection, construction,
reconstruction, alteration, repair, relocation or maintenance of
buildings or structures and use of land and lots may be regulated and
restricted. All such regulations shall be uniform for each class or kind
of buildings or land uses throughout each district, but the regulations
in one district may differ from those in other districts. The regulations
shall be made in accordance with a comprehensive zoning plan, and shall
give reasonable consideration, among other things, to the then existing
character of the districts, their suitability for particular uses,
conservation of the value of buildings and of existing development, and
encouragement of the most appropriate use of land throughout the county.
(L. 1951 p. 406 § 10)

The county commission shall provide for the manner in which such
regulations, restrictions and boundaries of such districts shall be
determined, established and enforced, and from time to time amended,
supplemented or changed within said unincorporated territory. In order to
avail itself of the zoning powers conferred by sections 64.510 to 64.690,
the county commission shall request the county planning commission to
recommend the boundaries of the various original districts and
appropriate regulations to be enforced therein. If there be no county
planning commission the county commission shall appoint a county zoning
commission whose personnel, length of terms and organization shall be the
same as provided in section 64.520 for a county planning commission. Such
zoning commission shall make a preliminary report and a proposed zoning
order and shall hold public hearings thereon, and shall afford persons
interested an opportunity to be heard. A hearing shall be held in each
township affected by the terms of such proposed order, public notice of
which hearing shall be given in the same manner as provided for the
hearing in section 64.550. Such notice shall state the time and place of
the hearing and the place where copies of the proposed report and
proposed zoning order will be accessible for examination by interested
parties. Such hearings may be adjourned from time to time. Within ninety
days after the final adjournment of such hearings the zoning commission
shall make a report and submit a proposed order to the county commission.
The county commission may adopt the order with or without change or may
refer it back to the zoning commission for further consideration and
report. In case a written protest against the proposed zoning of any land
lying within one and one-half miles of the corporate limits of any
municipality having in effect an ordinance zoning property within the
corporate limits of such municipality is made by resolution of the city
council or board of trustees thereof and filed with the county
commission, the county commission shall not adopt the proposed zoning of
such land except by record vote of all members and after a statement of
the reasons for such action shall be spread upon its minutes or records.
In the preparation of its report and proposed zoning order the zoning
commission may incur such expenditures as shall be authorized by the
county commission. (L. 1951 p. 406 § 11, A.L. 1986 H.B. 1554 Revision)

After the adoption of a zoning plan or regulations adopted
pursuant thereto, no use of any parcel of land included in the plan or
regulations shall be changed without a public hearing and the person or
body which conducts the hearing shall give notice, at least fifteen days
before the hearing, by certified mail to all owners of any real property
located within one thousand feet of the parcel of land for which the
change is proposed. (L. 1971 H.B. 440)

Any county commission which has adopted a zoning plan, as
provided herein, shall appoint an officer or shall designate one of the
existing officials to enforce the provisions of section 64.510. After the
appointment or designation of such officer or official, no building or
other structure shall be erected, constructed, reconstructed, enlarged or
altered, or repaired in such manner as to prolong the life of the
building, nor shall the use of any land be changed without a permit
issued by such officer or official. (L. 1951 p. 406 § 12)

(1974) Held that term "movable house" is synonymous with "mobile home"
and that there is no distinction between "auto trailer" and "mobile
home". County of Platte v. Chipman (A.), 512 S.W.2d 199.

1. Any county commission which appointed a county planning or
county zoning commission and which has adopted a zoning plan, as provided
in sections 64.510 to 64.695, shall appoint a county board of zoning
adjustment. The board shall consist of five residents of the county, but
not more than two shall be residents of the incorporated area of the
county and not more than one may be a member of the county planning
commission or the county zoning commission. The membership of the first
board appointed shall serve respectively: One for one year, one for two
years, one for three years, two for four years. Thereafter members shall
be appointed for terms of four years each. Members shall be removable for
cause by the county commission upon written charges and after public
hearings. Vacancies shall be filled by the county commission for the
unexpired term of any member whose term becomes vacant. Members of the
board shall serve without compensation, but may be reimbursed for
expenses incurred for attendance at not more than four meetings per year
in an amount to be set by the county commission, not to exceed ten
dollars per meeting. The board of zoning adjustment shall elect its own
chairman and shall adopt rules of procedure consistent with the
provisions of the zoning regulations and the provisions of sections
64.510 to 64.695. The chairman, or in his absence the acting chairman,
may administer oaths and compel the attendance of witnesses. All meetings
of the board of zoning adjustment shall be open to the public, and
minutes shall be kept of all proceedings and official actions, which
minutes shall be filed in the office of the board and shall be a public
record. Appeals to the board of zoning adjustment may be taken by any
owner, lessee or tenant of land, or by a public officer, department,
board or bureau, affected by any decision of the administrative officer
in administering a county zoning ordinance. Such appeals shall be taken
within a period of not more than three months, and in the manner provided
by the rules of the board. An appeal shall stay all proceedings in
furtherance of the action appealed from, unless the officer from whom the
appeal is taken shall certify to the board that by reason of facts stated
in the certificate a stay would, in his opinion, cause imminent peril to
life or property. The board of adjustment shall have the following powers
and it shall be its duty:

(1) To hear and decide appeals where it is alleged there is error of law
in any order, requirement, decision or determination made by an
administrative official in the enforcement of the county zoning
regulations;

(2) To hear and decide all matters referred to it or which it is required
to determine under the zoning regulations adopted by the county
commission as herein provided;

(3) Where, by reason of exceptional narrowness, shallowness, shape of
topography or other extraordinary or exceptional situation or condition
of a specific piece of property, the strict application of any regulation
adopted under sections 64.510 to 64.695 would result in peculiar and
exceptional difficulties to or exceptional and demonstrable undue
hardship upon the owner of the property as an unreasonable deprivation of
use as distinguished from the mere grant of a privilege, to authorize,
upon an appeal relating to the property, a variance from the strict
application so as to relieve the demonstrable difficulties or hardships,
provided the relief can be granted without substantial detriment to the
public good and without substantially impairing the intent, purpose, and
integrity of the zone plan as embodied in the zoning regulations and map.

2. In exercising the above powers, the 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 the powers of the officer from whom the appeal is taken. Any owners,
lessees or tenants of buildings, structures or land jointly or severally
aggrieved by any decision of the board of adjustment or of the county
commission, respectively, under the provisions of sections 64.510 to
64.695, or board, commission or other public official, may present to the
circuit court of the county in which the property affected is located, a
petition, duly verified, stating that the decision is illegal in whole or
in part, specifying the grounds of the illegality and asking for relief
therefrom. Upon the presentation of the petition the court shall allow a
writ of certiorari directed to the board of adjustment or the county
commission, respectively, of the action taken and data and records acted
upon, and may appoint a referee to take additional evidence in the case.
The court may reverse or affirm or may modify the decision brought up for
review. After entry of judgment in the circuit court in the action in
review, any party to the cause may prosecute an appeal to the appellate
court having jurisdiction in the same manner now or hereafter provided by
law for appeals from other judgments of the circuit court in civil cases.
(L. 1951 p. 406 § 13, A.L. 1963 p. 118, A.L. 1990 H.B. 1070)

(1974) Held that failure to obtain review by board of adjustment was
failure to exhaust administrative remedy and precluded county court or
reviewing court from exercising certiorari jurisdiction. County of Platte
v. Chipman (A.), 512 S.W.2d 199.

(1984) Party aggrieved by a zoning decision must appeal to the county
board of zoning adjustment before seeking review in circuit court.
Following the appeal to the board, the aggrieved party may present a
petition to the circuit court for a writ of certiorari directed to the
board of zoning adjustment or the county commission. Review under chapter
536 is not allowable. Miller v. Browning Ferris Industries (Mo. App.),
674 S.W.2d 150

The regulations imposed and the districts created under authority
of sections 64.510 to 64.690 may be amended from time to time by the
county commission by order after the order establishing the same has gone
into effect but no such amendments shall be made by the county commission
except after recommendation of the county planning commission, or if
there be no county planning commission, of the county zoning commission,
after hearings thereon by such commission. Public notice of such hearings
shall be given in the same manner as provided for the hearing in section
64.550. In case of written protest against any proposed change or
amendment, signed and acknowledged by the owners of thirty percent of the
frontage within one thousand feet to the right or left of the frontage
proposed to be changed, or by the owners of thirty percent of the
frontage directly opposite, or directly in the rear of the frontage
proposed to be altered, or in cases where the land affected lies within
one and one-half miles of the corporate limits of a municipality having
in effect ordinances zoning property within the corporate limits of such
municipality, made by resolution of the city council or board of trustees
thereof, and filed with the county clerk, such amendment may not be
passed except by the favorable vote of two-thirds of all the members of
the county commission. (L. 1951 p. 406 § 14, A.L. 1988 H.B. 923)

Wherever the county zoning regulations made under authority of
sections 64.510 to 64.690 require a greater width or size of yards,
courts or other open spaces, or require a lower height of buildings or a
less number of stories, or require greater percentage of lots to be left
unoccupied, or require a lower density of population, or require a more
restricted use of land, or impose other higher standards than are
required in any other statute, local order or regulation, private deed
restrictions or private covenants, the regulations made under authority
of sections 64.510 to 64.690 shall govern. (L. 1951 p. 406 § 15)

1. Any owner, lessee or tenant of land located within any
unincorporated area covered or affected by any official master plan or
part thereof, or by any regulations or orders relating to subdivisions of
land, or by any zoning plan, or by any regulations relating to building
or setback lines on major highways, or by any regulations and
restrictions of buildings, structures, lots and lands, or other planning
or zoning regulations and restrictions or other regulations and
restrictions made and adopted under the provisions of sections 64.510 to
64.690, who shall lay out and improve any such subdivision of land, or
who shall construct, reconstruct, alter, relocate or maintain any
building or other structure, or use such land in violation of the
provisions of sections 64.510 to 64.690 or of order, regulation or
restriction made and adopted under the provisions of sections 64.510 to
64.690, shall be guilty of a misdemeanor.

2. In the event any subdivision of land is begun or made in violation of
sections 64.510 to 64.690, or of any official master plan or part
thereof, or of any planning or zoning order, regulation or restriction
made and adopted under the provisions of sections 64.510 to 64.690, or in
the event any building or structure is constructed, reconstructed,
relocated or maintained, or any building, structure, lot or land is used
in violation of sections 64.510 to 64.690 or of any planning or zoning
plan, regulation, restriction or order made and adopted by authority
conferred under the provisions of sections 64.510 to 64.690, the county
commission, the county planning commission, the county zoning commission,
the prosecuting attorney, or any officer or official appointed or
designated under the provisions of section 64.650, or the owner of any
private property or any public body the property of whom or which is or
may be affected by any such violation, may institute in the circuit court
of the county, any appropriate action or proceedings to prevent such
unlawful subdivision development or erection, construction,
reconstruction, alteration, relocation or maintenance or use, or to
restrain, abate or correct such violation, or to prevent the occupancy of
such building or structure or unlawful use of such land, and to prevent
any illegal act, conduct, business or use in or about the premises.

3. The officer or official appointed or designated under the provisions
of section 64.650 shall have power to cause any land, 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 of the regulations or orders adopted or made under
the provisions of sections 64.510 to 64.690.

4. Any owner, lessee or tenant who, having been served with an order in
writing signed by such officer or official to correct or remove any such
violations, shall fail to comply with such order within ten days after
such service, or who shall continue to violate any of the regulations or
orders made under the authority of sections 64.510 to 64.690 in the
respect named in such order, shall be guilty of a misdemeanor.

5. The owner or general agent of any such land, building, structure or
premises where a violation of any such orders, regulations or
restrictions has been committed or shall exist, or the lessee or tenant
of any 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 owner, general agent, architect, builder
or contractor or any other person who knowingly commits, takes part or
assists in such violation, or who maintains any building or premises in
which any such violation shall exist, shall be guilty of a misdemeanor.
(L. 1951 p. 406 § 16)

1. Upon receipt of a petition signed by a number of voters in the
county equal to five percent of the total vote cast in the county at the
next preceding election for governor requesting submission of the
question, the county commission in any county which has adopted a program
of county planning, county zoning or county planning and zoning shall
submit to the voters of the county the question to terminate the program.

2. The question shall be submitted in substantially the following form:

Shall county planning (county zoning or county planning and zoning) be
terminated?

3. If a majority of those voting on the question vote for the termination
of the program, the county commission shall declare the program
terminated and shall discharge any commission appointed thereunder. Any
resolution, ordinance or regulation adopted under the program pursuant to
the provisions of sections 64.510 to 64.690 shall be void and of no
effect from and after the termination of the program as provided in this
section. (L. 1974 H.B. 1446, A.L. 1978 H.B. 971)

1. As an alternative to the procedures in sections 64.510 to
64.550, the county commission of any county may create a temporary county
or township planning commission prior to an election to adopt county or
township planning and zoning. Such planning commission shall prepare a
county plan for:

(1) All areas of the county, whether such areas are incorporated or
unincorporated, outside the corporate limits of any city, town or village
which has adopted a city plan in accordance with the laws of this state;
or

(2) Any individual unincorporated township, separate from the rest of the
county, which shall affect only that specific township.

2. The temporary county planning commission appointed pursuant to
subdivision (1) of subsection 1 of this section shall consist of the
county highway engineer, and one resident from each township of the
county appointed by the county commission from the unincorporated area of
the county. The temporary township planning commission appointed pursuant
to subdivision (2) of subsection 1 of this section shall consist of the
highway engineer, one person appointed by the county commission and three
residents of the township for which the plan is proposed. The members of
such planning commission or commissions shall serve until a planning
commission is elected by the voters of the county or township, pursuant
to subsection 6 of this section. All members of such temporary planning
commission or commissions shall serve without compensation, but shall be
reimbursed for their actual and necessary expenses incurred in the
performance of their official duties. Such planning commission or
commissions shall elect a chair at the first meeting of the year to serve
for such year until a new chair is elected. The county highway engineer
shall be an ex officio member of such planning commission or commissions.

3. Each temporary planning commission may create and adopt rules for the
transaction of its business and shall keep a public record of its
resolutions, transactions, findings and recommendations. Each commission
may appoint such employees as it deems necessary for its work, and may
contract with planners and other consultants for such services as it may
require, and may incur other necessary expenses. Each commission shall
have power to make, adopt and publish a proposal for a master plan of the
county or township for the purpose of bringing about coordinated physical
development in accordance with the present and future needs. The master
plan shall be developed so as to conserve the natural resources of the
county or township, to ensure efficient expenditure of public funds and
to promote the health, safety, convenience, prosperity and general
welfare of the inhabitants. Such master plan may include, among other
things, studies and recommendations relative to the location, character
and extent of highways, railroads, bus, streetcar and other
transportation routes, bridges, public buildings, schools, parks,
parkways, forests, wildlife refuges, dams and projects affecting
conservation of natural resources. Before the adoption of the plan, the
commission shall hold at least one public hearing thereon, fifteen days'
notice of the time and place of which shall be published in at least one
newspaper having general circulation within the affected county or
township, and notice of such hearing shall also be posted at least
fifteen 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. The adoption of the plan shall be by resolution carried by not less
than a majority vote of the full membership of the temporary county or
township planning commission.

4. After the temporary county or township planning commission has adopted
a proposed plan for county or township planning and zoning in the county
or township, the county commission shall submit to the voters of the
county or affected township, the question of whether the county or
township should adopt county or township planning and zoning as provided
in the proposed plan. Such plan shall be available to the voters at least
twenty days prior to the election. A notice stating the place or places
and times for examining the plan shall be posted in one or more public
areas of the courthouse of the county, and such notice shall be published
in at least one newspaper of general circulation in the county or
township at least once a week for three consecutive weeks, the last
publication to be twenty days prior to the election.

5. The question for the adoption of county or township planning and
zoning shall be submitted to the voters of the county, or to the voters
of the township, substantially in either of the following forms,
depending on whether such ballot is for township planning and zoning or
for county planning and zoning:

(1) For township planning and zoning:

Shall township planning and zoning as proposed by the township planning
commission be adopted in .................. township (insert name of
township)?

[ ] YES [ ] NO

(2) For county planning and zoning:

Shall county planning and zoning as proposed by the county planning
commission be adopted?

[ ] YES [ ] NO

6. If a majority of the votes cast in a county or township on the
question of whether the county or township should adopt county or
township planning and zoning as provided in the proposed plan are in
favor of adopting the plan, then the plan shall become immediately
effective in the appropriate county or township, and an attested copy of
the official master plan shall be certified to the county commission, to
the recorder of deeds, and to the clerk of each incorporated area covered
by the plan or part thereof, or to the clerk of the appropriate township,
if any, and the temporary county or township planning commission shall
implement the plan. At the next countywide election:

(1) For countywide plans, the voters in each township of the
unincorporated area of the county shall elect one member from each
township to be a member of the county planning commission; or

(2) For township plans, the voters in the township shall elect three
members to the township planning commission;

and the county commission shall by order entered of record have the newly
elected members of the county or township planning commission continue
with a program of county or township planning and zoning. If a majority
of the votes cast on the question of whether the county or township
should adopt county or township planning and zoning as provided in the
proposed plan are in opposition to adopting the plan, then it shall be at
the discretion of the county commission whether to retain or dissolve the
temporary county or township planning commission established pursuant to
subsection 1 of this section.

7. The terms of the elected members of the county or township planning
commission shall be four years or until the member's successor takes
office; except that, the terms shall be overlapping and one-half of the
members first elected, or if an uneven number one-half plus one, shall be
elected for two-year terms and the remaining members shall be elected for
four-year terms. The county highway engineer shall be an ex officio
member of the county or township planning commission. The term of the
county highway engineer shall be only for the duration of the engineer's
tenure of official position. All members of the county or township
planning commission shall serve as such without compensation, but shall
be reimbursed for actual and necessary expenses incurred in the
performance of their official duties. The planning commission shall elect
a chair at the first meeting of the year to serve for such year until a
new chair is elected. The county or township commission shall have all
powers granted a county planning commission appointed pursuant to
sections 64.510 to 64.695.

8. If the county commission does not appoint a temporary county or
township planning commission as provided in subsection 1 of this section,
the voters of the county or of any township may submit a petition, signed
by five percent of the number of voters in the county or township voting
at the last gubernatorial election, calling for the appointment of a
temporary county or township planning commission. Upon receipt of such a
petition, the county commission shall appoint a temporary county or
township planning commission as provided in subsection 1 of this section.
(L. 1996 H.B. 1259, A.L. 1997 H.B. 99, A.L. 2000 S.B. 894)

(2002) Senate Bill 894 provision declared unconstitutional as a violation
of the clear title requirement of Art. III, Section 23. Home Builders of
Greater St. Louis v. State, 75 S.W.3d 267 (Mo.banc).

1. Nothing in section 64.725 shall be construed to affect the
county planning and zoning of any county that adopted county planning and
zoning before April 12, 1996, or that chooses to adopt county planning
and zoning pursuant to sections 64.510 to 64.695 or sections 64.800 to
64.905 after April 12, 1996.

2. Any county commission of a second, third or fourth classification that
has adopted county planning and zoning pursuant to sections 64.510 to
64.695 or sections 64.800 to 64.905 before April 12, 1996, may hold an
election for the membership of the county planning commission. At a
regularly scheduled countywide election, the voters in each township of
the unincorporated area of the county shall elect one member from each
township to be a member of the county planning commission. Following this
election, the elected members shall immediately replace the commissioners
previously appointed by the county commission to the county planning
commission. The terms of the elected members of the county planning
commission shall be four years or until the member's successor takes
office; except that, the terms shall be overlapping and one-half of the
members first elected, or if an uneven number one-half plus one, shall be
elected for two-year terms and the remaining members shall be elected for
four-year terms. The county highway engineer shall be an ex officio
member of the county planning commission. The term of the county highway
engineer shall be only for the duration of the engineer's tenure of
official position. All members of the county planning commission shall
serve as such without compensation, but shall be reimbursed for actual
and necessary expenses incurred in the performance of their official
duties. The planning commission shall elect a chair at the first meeting
of the year to serve for such year until a new chair is elected. The
elected planning commission shall be governed by the appropriate
provisions of either sections 64.510 to 64.695 or sections 64.800 to
64.905 according to the provisions whereby the county adopted county
planning and zoning.

3. If a county commission does not call for an election as provided in
subsection 2 of this section, the voters of the county may submit a
petition, signed by five percent of the number of voters in the county
voting at the last gubernatorial election, calling for an election to
elect members to a county planning commission. Upon receipt of such a
petition, the county commission shall make an order to provide for the
election of a county planning commission, pursuant to subsection 2 of
this section, at the next countywide election. (L. 1996 H.B. 1259)

Effective 4-12-96

1. The county commission of any county of the first class not
having a charter form of government, or of any county of the second,
third or fourth class may, after approval by vote of the people of the
county, create a county planning commission to prepare a county plan for
all areas of the county outside the corporate limits of any city, town or
village which has adopted a city plan in accordance with the laws of this
state.

2. The county commission may make an order to present to the voters of
the county the question for the establishment of county planning.

3. The question shall be submitted in substantially the following form:

Shall county planning be adopted?

4. If a majority of the votes cast on the question be in favor of county
planning, the county commission shall create by order entered of record a
county planning commission to proceed with a program of county planning
as provided in sections 64.800 to 64.840. (L. 1965 p. 178 § 1, A.L. 1974
H.B. 1446, A.L. 1978 H.B. 971, A.L. l990 H.B. 1504 merged with H.B. 1536)

The county planning commission shall consist of the county
highway engineer, and one resident of the county appointed by the county
commission, from the unincorporated part of each township in the county,
except that no such person shall be appointed from a township in which
there is no unincorporated area. The township representatives are
hereinafter referred to as appointed members. The term of each appointed
member shall be four years or until a successor takes office, except that
the terms shall be overlapping and that the respective terms of the
members first appointed may be less than four years. The term of the
county highway engineer shall be only for the duration of the engineer's
tenure of official position. All members of the county planning
commission shall serve as such without compensation, except that an
attendance fee as reimbursement for expenses may be paid to the appointed
members of the county planning commission in an amount, as set by the
county commission, not to exceed twenty-five dollars per meeting. The
planning commission shall elect its chairman, who shall serve for one
year. (L. 1965 p. 178 § 2, A.L. 1986 H.B. 1554 Revision, A.L. 1990 H.B.
1070, A.L. 1993 S.B. 56, A.L. 2004 H.B. 795, et al. merged with H.B. 1377)

The county planning commission may create and adopt rules for the
transaction of its business and shall keep a public record of its
resolutions, transactions, findings, and recommendations. The commission
may appoint such employees as it may deem necessary for its work and may
contract with planners and other consultants for such services as it may
require and may incur other necessary expenses. The county planning
commission in all third and fourth class counties may charge and collect
a fee for any service it provides, but the fee must be established by
order of the county commission. The expenditures of county funds by the
county planning commission in all first class counties not having a
charter form of government and all second class counties shall not be in
excess of the amounts appropriated for that purpose by the county
commission. The expenditures of county funds by the county planning
commission in all third and fourth class counties shall not be in excess
of the amount of fees collected by it and the amounts appropriated for
that purpose by the county commission. The commission shall have such
other powers as may be necessary and proper to enable it to perform the
duties imposed upon it by law. (L. 1965 p. 178 § 3, A.L. 1980 H.B. 1259)

The county planning commission shall prepare an official master
plan of the county for the purpose of bringing about coordinated physical
development in accordance with the present and future needs. The official
master plan shall be developed so as to conserve the natural resources of
the county, to insure efficient expenditure of public funds and to
promote the health, safety, convenience, prosperity and general welfare
of the inhabitants. The official master plan may include, among other
things, studies and recommendations relative to the location, character
and extent of highways, railroads, bus, streetcar and other
transportation routes, bridges, public buildings, schools, parks,
parkways, forests, wildlife refuges, dams, and projects affecting
conservation of natural resources. The county commission, upon the
recommendation of the county planning commission, may adopt the official
master plan in whole or in part and may subsequently amend or extend the
adopted plan or portion thereof. Before the adoption, amendment or
extension of the plan or portion thereof, the county commission shall
hold at least one public hearing thereon, fifteen days' notice of the
time and place of which shall be published in at least one newspaper
having general circulation within the county, and notice of such hearing
shall also be posted at least fifteen days in advance thereof in one or
more public areas of the courthouse of the county. The hearing may be
adjourned from time to time. The adoption of the plan, or part thereof,
shall be by resolution carried by not less than a majority vote of the
full membership of the county commission. After the adoption of the
official master plan, or part thereof, an attested copy shall be
certified by the county commission to the recorder of deeds and to the
clerk of each incorporated area covered by the plan or part thereof. (L.
1965 p. 178 § 4, A.L. 1971 H.B. 440)

From and after the adoption of the official master plan or
portion thereof and its proper certification and recording, thereafter no
improvement of a type embraced within the recommendations of the official
master plan, or part thereof, shall be constructed or authorized without
first submitting the proposed plans thereof to the county planning
commission and receiving the written approval or recommendations of the
commission. This requirement shall be deemed to be waived if the county
planning commission fails to make its report and recommendations within
forty-five days after receipt of the proposed plans. In the case of any
public improvement sponsored or proposed to be made by any municipality
or other political or civil subdivision of the state, or public board,
commission or other public officials, the disapproval or recommendations
of the county planning commission may be overruled by a two-thirds vote,
properly entered of record and certified to the county planning
commission, of the governing body of the municipality, or other political
or civil subdivision, or public board, commission or officials, after the
reasons for the overruling are spread upon its minutes, which reasons
shall also be certified to the county planning commission. (L. 1965 p.
178 § 5)

The county planning commission may also prepare, with the
approval of the county commission, as parts of the official master plan
or otherwise, sets of regulations governing subdivisions of land in
unincorporated areas, and amend or change same from time to time as
herein provided, which regulations may provide for the proper location
and width of streets, building lines, open spaces, safety, recreation,
and for the avoidance of congestion of population, including minimum
width and area of lots. Such regulations may also include the extent to
which and the manner in which streets shall be graded and improved, and
the extent to which water, sewer and other utility services shall be
provided, to protect public health and general welfare. Such regulations
may provide that in lieu of the immediate completion or installation of
the work, the county planning commission may accept bond for the county
commission in the amount and with surety bond, cash bond, cash deposit
with the county treasurer, letter of credit, or certificate of deposit
and conditions satisfactory to the county commission, providing for and
securing to the county commission the actual construction of the
improvements and utilities within a period specified by the county
planning commission, and the county commission shall have power to
enforce the bond, surety bond, cash bond, cash deposit with the county
treasurer, letter of credit, or certificate of deposit by all proper
remedies. The subdivision regulations shall be adopted, changed or
amended, certified and filed as provided in section 64.815. The
subdivision regulations shall be adopted, changed or amended only after a
public hearing has been held thereon, public notice of which shall be
given in the manner as provided for the hearing in section 64.815. (L.
1965 p. 178 § 6, A.L. 2004 H.B. 795, et al. merged with H.B. 1362)

Whenever the county planning commission has prepared and the
county commission adopted, recorded and filed certified copies of any
part of the official master plan relating to major highways or to
subdivision regulations, thereafter no plat of a subdivision of land
within the unincorporated area of the county or the portion thereof
covered by the major highway plan shall be recorded until the plat shall
first have been approved by the county planning commission. If the
planning commission does not report upon the plat within thirty days, it
may then be deemed approved by the county planning commission, and the
commission shall certify the fact upon the plat. If the plat is approved
by the county planning commission, the approval shall be endorsed in
writing thereon. However, if the plat be amended or rejected by the
county planning commission, or if the council or board of trustees of any
municipality files with the county planning commission a certified copy
of a resolution of the council or board protesting against the action of
the county planning commission approving any plat of any land lying
within one and one-half miles of the limits of the incorporated area of
the municipality, the approval shall be deemed overruled, and the plat
may be then approved only by a two-thirds vote of the county commission,
and the reasons for the approval or failure to approve the plat shall be
spread upon the records of the county commission* and certified to the
county planning commission. No plat of subdivision of land in the
unincorporated areas of the county shall be recorded in the office of the
recorder of deeds unless and until approved as herein provided.
Municipalities shall have power, by ordinance, to require plats of
subdivisions of land within the corporate limits of the municipalities to
be submitted to the county planning commission before being submitted to
the municipality for approval, and before being recorded. A certified
copy of any such ordinance shall be filed in the office of the recorder
of deeds for the county. The county planning commission shall, upon
written request of any municipality, consider the plats and shall report
its findings and its recommendations thereon in writing to the proper
officials of the municipality. (L. 1965 p. 178 § 7, A.L. 1990 H.B. 1258)

*Word "and" does not appear in original rolls.

After any plan for major highways, or portion thereof, has been
prepared by the county planning commission, filed and certified as
provided in section 64.815, the county commission shall be authorized and
empowered to establish, regulate and limit building or setback lines on
the major highways outside the corporate limits of municipalities and to
prohibit any new building being located within the building or setback
lines, and to amend the regulations from time to time. All orders of the
county commission relating to buildings or setback lines shall be entered
of record and certified copies thereof shall be filed with the county
planning commission, and in the office of the recorder of deeds. (L. 1965
p. 178 § 8)

The county commission shall provide for a board of adjustment
with powers to modify or vary the regulations, in specific cases, in
order that unwarranted hardships, which constitute an unreasonable
deprivation of use as distinguished from the mere grant of a privilege,
may be avoided, the intended purpose of the regulations being strictly
observed and the public welfare and public safety protected. If there is
a county board of zoning adjustment as provided in section 64.870, that
board shall be appointed to serve as the board of adjustment for the
building or setback line regulations. If there be no county board of
zoning adjustment, the personnel, length of terms, method of appointment
and organization of the board of adjustment for the building or setback
line regulations shall be the same as provided in section 64.870 for the
board of zoning adjustment. Regulations authorized under section 64.835
shall not be adopted, changed or amended until a public hearing has been
held thereon by the county planning commission, public notice of which
shall be given in the same manner as provided for the hearing in section
64.815. (L. 1965 p. 178 § 9)

1. The county commission of any county of the first class not
having a charter form of government, or of any county of the second,
third or fourth class may make an order to present to the voters of the
county the question for the establishment of county zoning as provided in
sections 64.845 to 64.880.

2. The question shall be submitted in substantially the following form:

Shall county zoning be adopted?

3. If a majority of the votes cast is in favor of county zoning, the
county commission shall proceed with a program of county zoning as
provided in sections 64.845 to 64.880. (L. 1965 p. 178 § 10, A.L. 1969 p.
78, A.L. 1974 H.B. 1446, A.L. 1978 H.B. 971)

For the purpose of promoting health, safety, morals, comfort or
the general welfare of the unincorporated portion of counties of the
first class not having a charter form of government, or of counties of
the second, third or fourth class to conserve and protect property and
building values, to secure the most economical use of the land, and to
facilitate the adequate provision of public improvements all in
accordance with a comprehensive plan, the county commission of any county
of the first class not having a charter form of government, or of any
county of the second, third or fourth class may, after approval by vote
of the people as provided in section 64.845, regulate and restrict, by
order of record, in the unincorporated portions of the county, the
height, number of stories, and size of buildings, the percentage of lots
that may be occupied, the size of yards, courts and other open spaces,
the density of population, the location and use of buildings, structures
and land for trade, industry, residence or other purposes. (L. 1965 p.
178 § 11, A.L. 1974 H.B. 1446)

For any or all of the purposes of section 64.850, the
unincorporated territory may be divided into districts of such number,
shape and area as may be deemed best suited to carry out the purpose of
sections 64.845 to 64.880 and shall be shown upon the county commission's
zoning plan; and within the districts the erection, construction,
reconstruction, alteration, repair, relocation or maintenance of
buildings or structures and use of land and lots may be regulated and
restricted. All the regulations shall be uniform for each class or kind
of buildings or land uses throughout each district, but the regulations
in one district may differ from those in other districts. The regulations
shall be made in accordance with a comprehensive zoning plan, and shall
give reasonable consideration, among other things, to the then existing
character of the districts, their suitability for particular uses,
conservation of the value of buildings and of existing development, and
encouragement of the most appropriate use of land throughout the county.
(L. 1965 p. 178 § 12)

(1980) Zoning regulations which permitted breeding and raising of
livestock and poultry in districts zoned for agricultural use but
prohibited commercial breeding and raising of dogs in such districts
established a rational classification and did not amount to a denial of
equal protection or constitute special legislation. State ex rel. Rybolt
v. Easley (A.), 600 S.W.2d 601.

The county commission shall provide for the manner in which the
regulations, restrictions and boundaries of the districts shall be
determined, established and enforced, and from time to time amended,
supplemented or changed within the unincorporated territory. In order to
avail itself of the zoning powers conferred by sections 64.845 to 64.880
the county commission shall request the county planning commission to
recommend the boundaries of the various original districts and
appropriate regulations to be enforced therein. If there be no county
planning commission the county commission shall appoint a county zoning
commission whose personnel, length of terms and organization shall be the
same as provided in section 64.805 for a county planning commission; and
which commission, in third and fourth class counties, may charge and
collect a fee for any service it provides, but the fee must be
established by order of the county commission. The commission shall make
a preliminary report and a proposed zoning order and shall hold public
hearings thereon, and shall afford persons interested an opportunity to
be heard. A hearing shall be held in each township affected by the terms
of the proposed order, public notice of which hearing shall be given in
the same manner as provided for the hearing in section 64.815. The notice
shall state the time and place of the hearing and the place where copies
of the proposed report and proposed zoning order will be accessible for
examination by interested parties. The hearings may be adjourned from
time to time. Within ninety days after the final adjournment of the
hearings the commission shall make a report and submit a proposed order
to the county commission. The county commission may adopt the order with
or without change or may refer it back to the commission for further
consideration and report. In case a written protest against the proposed
zoning of any land lying within one and one-half miles of the corporate
limits of any municipality having in effect an ordinance zoning property
within the corporate limits of the municipality is made by resolution of
the city council or board of trustees thereof and filed with the county
commission, the county commission shall not adopt the proposed zoning of
the land except by record vote of all members and after a statement of
the reasons for the action are spread upon its minutes or records. In the
preparation of its report and proposed zoning order the commission may
incur such expenditures as shall be authorized by the county commission.
(L. 1965 p. 178 § 13, A.L. 1980 H.B. 1259)

After the adoption of a zoning plan or regulations adopted
pursuant thereto, no use of any parcel of land included in the plan or
regulations shall be changed without a public hearing and the person or
body which conducts the hearing shall give notice, at least fifteen days
before the hearing, by regular mail to all owners of any real property
located within six hundred feet of the parcel of land for which the
change is proposed. (L. 1971 H.B. 440, A.L. 1994 S.B. 513)

Any county commission which has adopted a zoning plan, as
provided herein, shall appoint an officer or shall designate one of the
existing officials to enforce the provisions thereof. After the
appointment or designation of the officer or official, no building or
other structure shall be erected, constructed, reconstructed, enlarged or
altered, or repaired in such manner as to prolong the life of the
building, nor shall the use of any land be changed without a permit
issued by the officer or official. (L. 1965 p. 178 § 14)

1. Any county commission which appointed a county zoning
commission and which has adopted a zoning plan, as provided in sections
64.800 to 64.905, shall appoint a county board of zoning adjustment. The
board shall consist of five residents of the county, but not more than
two shall be residents of the incorporated area of the county and not
more than one may be a member of the county zoning commission. The
membership of the first board appointed shall serve respectively: One for
one year, one for two years, one for three years, two for four years.
Thereafter members shall be appointed for terms of four years each.
Members shall be removable for cause by the county commission upon
written charges and after public hearings. Vacancies shall be filled by
the county commission for the unexpired term of any member whose term
becomes vacant. The board of zoning adjustment shall elect its own
chairman and shall adopt rules of procedure consistent with the
provisions of the zoning regulations and the provisions of sections
64.845 to 64.880. The chairman, or in his absence the acting chairman,
may administer oaths and compel the attendance of witnesses. All meetings
of the board of zoning adjustment shall be open to the public, and
minutes shall be kept of all proceedings and official actions, which
minutes shall be filed in the office of the board and shall be a public
record. Appeals to the board of zoning adjustment may be taken by any
owner, lessee or tenant of land, or by a public officer, department,
board or bureau, affected by any decision of the administrative officer
in administering a county zoning ordinance. The appeals shall be taken
within a period of not more than three months, and in the manner provided
by the rules of the board. An appeal shall stay all proceedings in
furtherance of the action appealed from, unless the officer from whom the
appeal is taken shall certify to the board that by reason of facts stated
in the certificate a stay would, in his opinion, cause imminent peril to
life or property. The board of adjustment shall have the following powers
and it shall be its duty:

(1) To hear and decide appeals where it is alleged there is error of law
in any order, requirement, decision or determination made by an
administrative official in the enforcement of the county zoning
regulations;

(2) To hear and decide all matters referred to it or which it is required
to determine under the zoning regulations adopted by the county
commission as herein provided;

(3) Where, by reason of exceptional narrowness, shallowness, shape or
topography or other extraordinary or exceptional situation or condition
of a specific piece of property, the strict application of any regulation
adopted under sections 64.845 to 64.880 would result in peculiar and
exceptional difficulties to or exceptional and demonstrable undue
hardship upon the owner of the property as an unreasonable deprivation of
use as distinguished from the mere grant of a privilege, to authorize,
upon an appeal relating to the property, a variance from the strict
application so as to relieve the demonstrable difficulties or hardships,
provided the relief can be granted without substantial detriment to the
public good and without substantially impairing the intent, purpose, and
integrity of the zone plan as embodied in the zoning regulations and map.

2. In exercising the above powers, the board may reverse or affirm wholly
or partly, or may modify the order, requirement, decision or
determination appealed from and may take 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. Any owners,
lessees or tenants of buildings, structures or land jointly or severally
aggrieved by any decision of the board of adjustment or of the county
commission, respectively, under the provisions of sections 64.845 to
64.880, or board, commission or other public official, may present to the
circuit court of the county in which the property affected is located, a
petition, duly verified, stating that the decision is illegal in whole or
in part, specifying the grounds of the illegality and asking for relief
therefrom. Upon the presentation of the petition the court shall allow a
writ of certiorari directed to the board of adjustment or the county
commission, respectively, of the action taken and data and records acted
upon, and may appoint a referee to take additional evidence in the case.
The court may reverse or affirm or may modify the decision brought up for
review. After entry of judgment in the circuit court in the action in
review, any party to the cause may prosecute an appeal to the appellate
court having jurisdiction in the same manner now or hereafter provided by
law for appeals from other judgments of the circuit court in civil cases.
(L. 1965 p. 178 § 15, A.L. 1990 H.B. 1070)

The regulations imposed and the districts created under authority
of sections 64.845 to 64.880 may be amended from time to time by the
county commission by order after the order establishing the same has gone
into effect but no amendments shall be made by the county commission
except after recommendation of the county planning commission, or if
there be no county planning commission, of the county zoning commission,
after hearings thereon by the commission. Public notice of the hearings
shall be given in the same manner as provided for the hearing in section
64.815. In case of written protest against any proposed change or
amendment, signed and acknowledged by the owners of thirty percent of the
frontage within one thousand feet to the right or left of the frontage
proposed to be changed, or by the owners of thirty percent of the
frontage directly opposite, or directly in the rear of the frontage
proposed to be altered, or in cases where the land affected lies within
one and one-half miles of the corporate limits of a municipality having
in effect ordinances zoning property within the corporate limits of a
municipality, made by resolution of the city council or board of trustees
thereof, and filed with the county clerk, the amendment may not be passed
except by the favorable vote of two-thirds of all the members of the
county commission. (L. 1965 p. 178 § 16, A.L. 1988 H.B. 923)

Wherever the county zoning regulations made under authority of
sections 64.845 to 64.880 require a greater width or size of yards,
courts or other open spaces or require a lower height of buildings or a
less number of stories, or require a greater percentage of lots to be
left unoccupied, or require a lower density of population, or require a
more restricted use of land, or impose other higher standards than are
required in any other statute, local order or regulation, private deed
restrictions or private covenants, the regulations made under authority
of sections 64.845 to 64.880 shall govern. (L. 1965 p. 178 § 17)

1. The county commission of any county of the first class not
having a charter form of government, or of any county of the second,
third or fourth class may make an order to present to the voters of the
county the question for the establishment of county planning and zoning
as provided in sections 64.800 to 64.840 and sections 64.845 to 64.880.

2. The question shall be submitted in substantially the following form:

Shall county planning and zoning be adopted?

3. If a majority of the votes cast is in favor of county planning and
zoning, the county commission shall proceed with a program of county
planning and zoning as provided in sections 64.800 to 64.840 and 64.845
to 64.880. (L. 1965 p. 178 § 18, A.L. 1969 p. 78, A.L. 1974 H.B. 1446,
A.L. 1978 H.B. 971)

1. Nothing in sections 64.800 to 64.905 shall affect the recovery
of natural resources by strip or open-cut mining; provided, that
commercial structures shall be permitted in all districts except those
zoned for residential or recreational use.

2. The provisions of this section shall not apply to the incorporated
portions of the counties, nor to the raising of crops, livestock,
orchards or forestry nor to seasonal or temporary impoundments used for
rice farming or flood irrigation. As used in this section, the term "rice
farming or flood irrigation" means small berms of no more than eighteen
inches high that are placed around a field to hold water for use for
growing rice or for flood irrigation. This section shall not apply to the
erection, maintenance, repair, alteration or extension of farm buildings
or farm structures used for such purposes in an area not within the area
shown on the flood hazard area map. This section shall not apply to
underground mining where entrance is through an existing shaft or shafts
or through a shaft or shafts not within the area shown on the flood
hazard area map. The powers granted by sections 64.800 to 64.845 and
64.850 to 64.880 shall not be construed:

(1) So as to deprive the owner, lessee or tenant of any existing property
of its use or maintenance for the purpose to which it is then lawfully
devoted;

(2) So as to deprive any court of the power of determining the
reasonableness of regulations and powers in any action brought in any
court affecting the provisions of sections 64.800 to 64.905 or the rules
and regulations adopted thereunder;

(3) Nor to authorize interference with the public utility services as may
have been or may hereafter be authorized or ordered by the public service
commission or by permit of the county commission, as the case may be.

3. Nothing contained in sections 64.800 to 64.905 shall affect the
existence or validity of an ordinance or order which a county has adopted
prior to March 4, 1991.

(L. 1965 p. 178 § 19, A.L. 1991 H.B. 72)

Effective 3-4-91

(1980) Statute, permitting commercial structures in all districts except
residential use or recreational use districts, was limited to commercial
structures attending to strip or open-cut mining operations and had no
general application to commercial structures. State ex rel. Rybolt v.
Easley (A.), 600 S.W.2d 601.

1. Any owner, lessee or tenant of land located within any
unincorporated area covered or affected by any official master plan or
part thereof, or by any regulations or orders relating to subdivisions of
land, or by any zoning plan, or by any regulations relating to building
or setback lines on major highways, or by any regulations and
restrictions of buildings, structures, lots and lands, or other planning
or zoning regulations and restrictions or other regulations and
restrictions made and adopted under the provisions of sections 64.800 to
64.845 or 64.850 to 64.880, who shall lay out and improve any subdivision
of land, or who shall construct, reconstruct, alter, relocate or maintain
any building or other structure, or use the land in violation of the
provisions of sections 64.800 to 64.845 or 64.850 to 64.880, or of order,
regulation or restriction made and adopted under the provisions of
sections 64.800 to 64.845 or 64.850 to 64.880, shall be guilty of a
misdemeanor.

2. In the event any subdivision of land is begun or made in violation of
sections 64.800 to 64.845, or of any official master plan or part
thereof, or of any planning or zoning order, regulation or restriction
made and adopted under the provisions of sections 64.800 to 64.845 or
64.850 to 64.880, or in the event any building or structure is
constructed, reconstructed, relocated or maintained, or any building,
structure, lot or land is used in violation of sections 64.800 to 64.845
or 64.850 to 64.880, or of any planning or zoning plan, regulation,
restriction or order made and adopted by authority conferred under the
provisions of sections 64.800 to 64.845 or 64.850 to 64.880, the county
commission, the county planning commission, the county zoning commission,
the prosecuting attorney, or any officer or official appointed or
designated under the provisions of section 64.865, or the owner of any
private property or any public body the property of whom or which is or
may be affected by any such violation, may institute in the circuit court
of the county, any appropriate action or proceedings to prevent the
unlawful subdivision development or erection, construction,
reconstruction, alteration, relocation or maintenance or use, or to
restrain, abate or correct the violation, or to prevent the occupancy of
the building or structure or unlawful use of land, and to prevent any
illegal act, conduct, business or use in or about the premises.

3. The officer or official appointed or designated under the provisions
of section 64.865 shall have power to cause any land, 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 of the regulations or orders adopted or made under
the provisions of sections 64.850 to 64.880.

4. Any owner, lessee or tenant who, having been served with an order in
writing signed by the officer or official to correct or remove any such
violations, shall fail to comply with the order within ten days after
service, or who shall continue to violate any of the regulations or
orders made under the authority of sections 64.850 to 64.880 in the
respect named in the order, shall be guilty of a misdemeanor.

5. The owner or general agent of any land, building, structure or
premises where a violation of any orders, regulations or restrictions has
been committed or shall exist, or the lessee or tenant of any entire
building or entire premises where the 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 the violation has been committed or
shall exist, or the owner, general agent, architect, builder or
contractor or any other person who knowingly commits, takes part or
assists in the violation, or who maintains any building or premises in
which any violation exists, shall be guilty of a misdemeanor. (L. 1965 p.
178 § 20)

1. Upon receipt of a petition signed by a number of voters in the
county equal to five percent of the total vote cast in the county at the
next preceding election for governor requesting the submission of the
question of continuation or termination, the county commission in any
county which has adopted a program of county planning, county zoning or
county planning and zoning shall make an order to submit to the voters of
the county the question to continue or to terminate the program.

2. The question shall be submitted in substantially the following form:

Shall (county planning, county zoning, or county planning and zoning) be
continued?

YES NO

3. If a majority of those voting on the question vote yes for
continuation, the program shall be continued unless and until terminated
by a vote of the qualified voters voting thereon; if a majority of those
voting on the question vote no for the termination of the program, the
county commission shall declare the program terminated and shall
discharge any commission appointed thereunder. Any resolution, ordinance
or regulation adopted under the program pursuant to the provisions of
sections 64.800 to 64.905 shall be void and of no effect from and after
the termination of the program as provided in this section. (L. 1965 p.
178 § 21, A.L. 1978 H.B. 971, A.L. 1988 H.B. 923)

Effective 4-7-88

1. The provisions of sections 64.800 to 64.906 are established as
an alternative to sections 64.510 to 64.727 for counties of the second
and third classifications, and as an alternative to sections 64.211 to
64.295 for counties of the first classification not having a charter form
of government.

2. Except as provided in subsection 4 of this section, if the voters of
any county of the second or third classification adopt county planning or
zoning pursuant to sections 64.800 to 64.906 after having previously
adopted county planning or zoning pursuant to sections 64.510 to 64.727,
the provisions of sections 64.800 to 64.906 shall be effective in the
county, and the county planning or zoning shall be conducted thereafter
as provided in sections 64.800 to 64.906 rather than as provided in
sections 64.510 to 64.727.

3. Except as provided in subsection 4 of this section, any county of the
second classification which adopts county planning or zoning pursuant to
sections 64.510 to 64.727 or 64.800 to 64.906 before becoming a county of
the first classification shall continue to operate pursuant to those
provisions as a county of the first classification until the county
planning or zoning program is terminated pursuant to section 64.900.
After the termination of county planning or zoning pursuant to sections
64.800 to 64.906, the county commission of any county of the first
classification not having a charter form of government may exercise all
powers and duties prescribed by and may elect to be subject to sections
64.211 to 64.295.

4. Notwithstanding the provisions of subsections 2 and 3 of this section,
in any county of the first classification without a charter form of
government which has a population of at least one hundred fifty thousand
inhabitants which contains all or a portion of a city with a population
of at least three hundred thousand inhabitants, and/or in any county of
the first classification without a charter form of government with more
than * eighty-two thousand inhabitants but less than eighty-two thousand
one hundred inhabitants which has adopted planning and zoning prior to
becoming a county of the first classification, the county governing body
may, by ordinance, provide that the county's planning and zoning may be
conducted as provided in sections 64.211 to 64.295, sections 64.510 to
64.727, or sections 64.800 to 64.906. (L. 1965 p. 178 § 22, A.L. 1974
H.B. 1446, A.L. 1979 S.B. 389, A.L. 1996 H.B. 1259, A.L. 2003 H.B. 244
merged with S.B. 121)

*Words "having a population of at least" appear in original rolls of S.B.
121, 2003.

In any county of the first classification without a charter form
of government which has a population of at least one hundred fifty
thousand inhabitants which contains all or a portion of a city with a
population of at least three hundred thousand inhabitants, the county
planning and zoning commission may, with the approval of the governing
body of the county, create and adopt rules for the transaction of its
business, create and adopt rules for the filing of applications,
hearings, inspections and other activities and rules and regulations
governing the conduct and procedures of its meetings and hearings. Such
rules and regulations may include without limitation such provisions
regulating rezoning, land use or platting applications, discovery and
prehearing procedures, filing requirements for land use and platting
applications, rules regulating the conduct of hearings, the filing of
briefs and motions, prefiling of exhibits and witness lists or provisions
preventing refiling of zoning or land use applications where the
application is the same, or substantially the same, as an application
which has been previously overruled, rejected or denied within the
previous five years, unless the applicant can show by clear and
convincing evidence that a substantial change in circumstances has
occurred since the previous rejection which is a result of new facts
which were not discoverable by the applicant during the previous
proceedings with the use of reasonable diligence or is a result of
material facts which have arisen since the previous proceedings were
terminated. The rule may further provide that such showing shall be made
prior to acceptance of the new application. (L. 1996 H.B. 1259)

1. Any county subject to Environmental Protection Agency rules 40
C.F.R. Parts 9, 122, 123, and 124 concerning storm water discharges is
authorized to adopt rules, regulations, or ordinances reasonably
necessary to comply with such federal regulations including but not
limited to rules, regulations, or ordinances which promote the best storm
water management practices in regulating storm water discharges
established by the Environmental Protection Agency.

2. Any county adopting rules, regulations, or ordinances under subsection
1 of this section is authorized to establish by rule, regulation, or
ordinance a storm water control utility or other entity to administer any
such rules, regulations, or ordinances adopted under subsection 1 of this
section which shall include authority to impose user fees to fund the
administration of such rules, regulations, or ordinances.

3. Any county adopting rules, regulations, or ordinances under subsection
1 of this section is authorized to establish by rule, regulation, or
ordinance a storm water control utility tax in such amount as is deemed
reasonable and necessary to fund public storm water control projects if
such tax is approved by majority of the votes cast.

4. The tax authorized in this section shall be in addition to the charge
for the storm water control and all other taxes imposed by law, and the
proceeds of such tax shall be used by the county solely for storm water
control. Such tax shall be stated separately from all other charges and
taxes.

5. The ballot of submission for the tax authorized in this section shall
be in substantially the following form:

Shall ...... (insert the name of the county) impose a tax on the charges
for storm water control in ...... (name of county) at a rate of ......
(insert rate of percent) percent for the sole purpose of storm water
control?

[ ] YES [ ] NO

If a majority of the votes cast on the question by the qualified voters
voting thereon are in favor of the question, then the tax shall become
effective on the first day of the second calendar quarter following the
calendar quarter in which the election was held. If a majority of the
votes cast on the question by the qualified voters voting thereon are
opposed to the question, then the tax authorized by this section shall
not become effective unless and until the question is resubmitted
pursuant to this section to the qualified voters of the county and such
question is approved by a majority of the qualified voters of the county
voting on the question. (L. 2003 H.B. 267)

There is hereby authorized to be created in any county of the
first class not at the time having a charter form of government a special
authority to be known as the ".......... County Sports Complex
Authority", hereinafter referred to as the "authority". Such authority
shall be created by order of the county commission and certified copies
of said order shall be filed in the offices of the governor and secretary
of state. Upon the making of such order and the filing thereof as
aforesaid, said authority shall be a body corporate and politic and a
political subdivision of the state of Missouri. (L. 1965 p. 187 § 1, A.L.
1969 3d Ex. Sess. H.B. 37)

1. The provisions contained in sections 64.920 to 64.950 relating
to county sports complex authorities shall apply to:

(1) Any authority hereafter organized under the provisions of sections
64.920 to 64.950, and

(2) Any county sports complex authority heretofore organized and which
shall accept the provisions of sections 64.920 to 64.950 as herein
provided. Any such authority may accept the provisions of such sections
64.920 to 64.950 by:

(a) Adopting a resolution at a duly called meeting of the commissioners
of the authority at which at least three members are present and not less
than three members vote in favor of the adoption of such resolution, said
resolution providing for the acceptance by the authority of all of the
provisions of sections 64.920 to 64.950 and further providing that
thenceforth such authority shall be deemed to be for all purposes an
authority organized under sections 64.920 to 64.950.

(b) Filing in the offices of the clerk of the county commission, the
governor and the secretary of state certified copies of the resolution
adopted by the authority accepting the provisions of sections 64.920 to
64.950.

2. After the resolution of acceptance has been adopted and certified
copies thereof have been filed as hereinbefore provided, the authority
shall be entitled to all the rights, privileges and benefits and shall be
subject to all the obligations, duties and liabilities provided in said
sections 64.920 to 64.950. (L. 1969 3d Ex. Sess. H.B. 37)

1. The county sports complex authority shall consist of five
commissioners who shall be qualified voters of the state of Missouri, and
residents of such county. The commissioners of the county commission by a
majority vote thereof shall submit a panel of nine names to the governor
who shall select with the advice and consent of the senate five
commissioners from such panel, no more than three of which shall be of
any one political party, who shall constitute the members of such
authority; provided, however, that no elective or appointed official of
any political subdivision of the state of Missouri shall be a member of
the county sports complex authority.

2. The authority shall elect from its number a chairman and may appoint
such officers and employees as it may require for the performance of its
duties and fix and determine their qualifications, duties and
compensation. No action of the authority shall be binding unless taken at
a meeting at which at least three members are present and unless a
majority of the members present at such meeting shall vote in favor
thereof.

3. Such sports complex commissioners shall serve in the following manner:
one for two years, one for three years, one for four years, one for five
years, and one for six years. Successors shall hold office for terms of
five years, or for the unexpired terms of their predecessors.

4. In the event a vacancy exists a new panel of three names shall be
submitted by majority vote of the county commission to the governor for
appointment. All such vacancies shall be filled within thirty days from
the date thereof. If the county commission has not submitted a panel of
three names to the governor within thirty days of the expiration of a
commissioner's term, the governor shall immediately make an appointment
to the commission with the advice and consent of the senate. In the event
the governor does not appoint a replacement, no commissioner shall
continue to serve beyond the expiration of that commissioner's term.

5. The compensation of the sports complex commissioners to be paid by the
authority shall be determined by the sports complex commissioners, but in
no event shall exceed the sum of three thousand dollars per annum. In
addition, the sports complex commissioners shall be reimbursed by the
authority for the actual and necessary expenses incurred in the
performance of their duties. No commissioner shall continue to serve
beyond the expiration of that commissioner's term. (L. 1965 p. 187 §§ 2
to 5, A.L. 1986 H.B. 1554 Revision, A.L. 2004 H.B. 795, et al. merged
with S.B. 1394)

1. The authority shall have the following powers:

(1) To acquire by gift, bequest, purchase or lease from public or private
sources and to plan, construct, operate and maintain, or to lease to
others for construction, operation and maintenance a sports stadium,
field house, indoor and outdoor recreational facilities, centers, playing
fields, parking facilities and other suitable concessions, and all things
incidental or necessary to a complex suitable for all types of sports and
recreation, either professional or amateur, commercial or private, either
upon, above or below the ground;

(2) To charge and collect fees and rents for use of the facilities owned
or operated by it or leased from or to others;

(3) To adopt a common seal, to contract and to be contracted with,
including, but without limitation, the authority to enter into contracts
with counties and other political subdivisions under sections 70.210 to
70.320, RSMo, and to sue and to be sued;

(4) To receive for its lawful activities any contributions or moneys
appropriated by municipalities, counties, state or other political
subdivisions or agencies or by the federal government or any agency or
officer thereof or from any other source;

(5) To disburse funds for its lawful activities and fix salaries and
wages of its officers and employees;

(6) To borrow money for the acquisition, planning, construction,
equipping, operation, maintenance, repair, extension and improvement of
any facility, or any part or parts thereof, which it has the power to own
or to operate, and to issue negotiable notes, bonds, or other instruments
in writing as evidence of sums borrowed, as hereinafter provided in this
section:

(a) Bonds or notes issued hereunder shall be issued pursuant to a
resolution adopted by the commissioners of the authority which shall set
out the estimated cost to the authority of the proposed facility or
facilities, and shall further set out the amount of bonds or notes to be
issued, their purpose or purposes, their date or dates, denomination or
denominations, rate or rates of interest, time or times of payment, both
of principal and of interest, place or places of payment and all other
details in connection therewith. Any such bonds or notes may be subject
to such provision for redemption prior to maturity, with or without
premium, and at such times and upon such conditions as may be provided by
the resolution.

(b) Such bonds or notes shall bear interest at a rate not exceeding eight
percent per annum and shall mature within a period not exceeding fifty
years and may be sold at public or private sale for not less than
ninety-five percent of the principal amount thereof. Bonds or notes
issued by an authority shall possess all of the qualities of negotiable
instruments under the laws of this state.

(c) Such bonds or notes may be payable to bearer, may be registered or
coupon bonds or notes and if payable to bearer, may contain such
registration provisions as to either principal and interest, or principal
only, as may be provided in the resolution authorizing the same which
resolution may also provide for the exchange of registered and coupon
bonds or notes. Such bonds or notes and any coupons attached thereto
shall be signed in such manner and by such officers of the authority as
may be provided for by the resolution authorizing the same. The authority
may provide for the replacement of any bond or note which shall become
mutilated, destroyed or lost.

(d) Bonds or notes issued by an authority shall be payable as to
principal, interest and redemption premium, if any, out of the general
funds of the authority, including rents, revenues, receipts and income
derived and to be derived for the use of any facility or combination of
facilities, or any part or parts thereof, acquired, constructed, improved
or extended in whole or in part from the proceeds of such bonds or notes,
including but not limited to stadium rentals, concessions, parking
facilities and from funds derived from any other facilities or part or
parts thereof, owned or operated by the authority, all or any part of
which rents, revenues, receipts and income the authority is authorized to
pledge for the payment of said principal, interest, and redemption
premium, if any. Bonds or notes issued pursuant to this section shall not
constitute an indebtedness of the authority within the meaning of any
constitutional or statutory restriction, limitation or provision, and
such bonds or notes shall not be payable out of any funds raised or to be
raised by taxation. Bonds or notes issued pursuant to this section may be
further secured by a mortgage or deed of trust upon the rents, revenues,
receipts and income herein referred to or any part thereof or upon any
leasehold interest or other property owned by the authority, or any part
thereof, whether then owned or thereafter acquired. The proceeds of such
bonds or notes shall be disbursed in such manner and under such
restrictions as the authority may provide in the resolution authorizing
the issuance of such bonds or notes or in any such mortgage or deed of
trust.

(e) It shall be the duty of the authority to fix and maintain rates and
make and collect charges for the use and services of its interest in the
facility or facilities or any part thereof operated by the authority
which shall be sufficient to pay the cost of operation and maintenance
thereof, to pay the principal of and interest on any such bonds or notes
and to provide funds sufficient to meet all requirements of the
resolution by which such bonds or notes have been issued.

(f) The resolution authorizing the issuance of any such bonds or notes
may provide for the allocation of rents, revenues, receipts and income
derived and to be derived by the authority from the use of any facility
or part thereof into such separate accounts as shall be deemed to be
advisable to assure the proper operation and maintenance of any facility
or part thereof and the prompt payment of any bonds or notes issued to
finance all or any part of the costs thereof. Such accounts may include
reserve accounts necessary for the proper operation and maintenance of
any such facility or any part thereof, and for the payment of any such
bonds or notes. Such resolution may include such other covenants and
agreements by the authority as in its judgment are advisable or necessary
properly to secure the payment of such bonds or notes.

(g) The authority may issue negotiable refunding bonds or notes for the
purpose of refunding, extending or unifying the whole or any part of such
bonds or notes then outstanding, which bonds or notes shall not exceed
the principal of the outstanding bonds or notes to be refunded and the
accrued interest thereon to the date of such refunding, including any
redemption premium. The authority may provide for the payment of interest
on such refunding bonds or notes at a rate in excess of the bonds or
notes to be refunded but such interest rate shall not exceed the maximum
rate of interest hereinbefore provided.

(7) To condemn any and all rights or property, of any kind or character,
necessary for the purposes of the authority, subject, however, to the
provisions of sections 64.920 to 64.950 and in the manner provided in
chapter 523, RSMo; provided, however, that no property now or hereafter
vested in or held by the state or by any county, city, village, township
or other political subdivisions shall be taken by the authority without
the authority or consent of such political subdivisions;

(8) To perform all other necessary and incidental functions; and to
exercise such additional powers as shall be conferred by the general
assembly or by act of Congress.

2. The authority is authorized and directed to proceed to carry out its
duties, functions and powers in accordance with sections 64.920 to 64.950
as rapidly as may be economically practicable and is vested with all
necessary and appropriate powers not inconsistent with the constitution
or the laws of the United States to effectuate the same, except the power
to levy taxes or assessments.

3. Any expenditure made by the authority located in a county with a
charter form of government and with more than six hundred thousand but
fewer than seven hundred thousand inhabitants, that is over five thousand
dollars, including professional service contracts, must be competitively
bid. (L. 1965 p. 187 §§ 6, 8, A.L. 1969 3d Ex. Sess. p. 81, A.L. 2005
H.B. 58 merged with S.B. 210)

1. Nothing contained in sections 64.920 to 64.950 shall impair
the powers of any county, municipality or other political subdivision to
acquire, own, operate, develop or improve any facility which the
authority is given the right and power to own, operate, develop or
improve.

2. Unless and until otherwise provided, the authority shall make an
annual report to the governor, setting forth in detail the operations and
transactions conducted by it pursuant to sections 64.920 to 64.950 and
any legislation thereunder. (L. 1965 p. 187 § 7)

1. Any measure adopted by the voters to designate specific
waterways, streams, rivers or other waters of the state as natural
streams requiring special protection shall become effective within any
county containing a designated waterway, stream, river or other waters of
the state, only upon approval of a majority of the voters of the county
voting thereon. If a majority of the voters of the county voting thereon
fail to approve the measure, it shall have no effect within the county
unless and until the question is again put to the voters and approved by
a majority of the voters of the county voting thereon. The election
authority shall put the question before the voters at any regular
election pursuant to section 115.123, RSMo, upon adoption of an ordinance
or order by the county governing body but the question shall not be put
before the voters more often than every two years.

2. The designation of any waterway, stream, river or other waters of the
state identified as a natural stream requiring special protection by an
agency, commission or department of the state shall become effective upon
the approval of a majority of the voters voting thereon. If a majority of
the voters of the county voting thereon fail to approve the measure, it
shall have no effect within the county unless and until the question is
again put to the voters and approved by a majority of the voters of the
county voting thereon. The election authority shall put the question
before the voters at any regular election pursuant to section 115.123,
RSMo, upon adoption of an ordinance or order by the county governing body
but the question shall not be put before the voters more often than every
two years. (L. 1990 S.B. 814 § 1)

Usa-missouri Law Firm / Lawyers Services Provided in Usa-missouri :

Usa-missouri Divorce Laws, custody, Usa-missouri Corporate Lawyers, Agreement, provident fund, Registered marriage, Court marriage Lawyers, Special/ Foreign marriage, Incorporation of company, Rent, eviction, tenancy, Lease Lawyers, Usa-missouri Labour laws, Appeals, Supreme Court Lawyers, High Court Lawyers, Bail, medical, negligence, Insurance claims/ accidents Lawyer, Usa-missouri Citizenship/ immigration Lawyers, Copyright Laws, Consumer, district Lawyer, State, national, Dowry, Wills & Probate, Trust & Estates Lawyers, Intellectual Property Lawyer, Bankrupt Lawyers, Banking & Finance, Corporate, Private Business Law, Recovery, Joint Venture & Mergers, Consumer, Civil Right Law Usa-missouri, Medical Negligence, Medical Malpractice, legal notice, summons, Income Tax Lawyers, sales, Custom Law, Excise Law, octroi, cess Civil, Criminal Solicitor Usa-missouri, Registration of property, Title search, mutation relationship, Conveyance, Transfer of Property Law, Usa-missouri Property lawyer, deeds, drafts, power of attorney, Recovery, Taxation Laws in Usa-missouri

LEGAL SERVICES

Add Lawyer
Legal Enquiry
Find a Lawyer
Bare Acts / India Codes
Statutes / Code

LAWYER BY LOCATION

India Lawyer
United State Lawyer
UAE Lawyer
Canada Lawyer
Find More...

LAW PRACTICE AREA

Business Law
Employment & Labor Law
Govt. Agencis & Taxtion
Family Law
Real Estate Property Law
Immigration Law

ABOUT HELPLINELAW

About Us
Contact Us
Services
Site Map
Recommend to Friends

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.