reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.897 - Sidewalk improvement — certain tax bills a lien.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1939
88.897. Sidewalk improvement — certain tax bills a lien. —
Any and all real property shall be liable for the cost of the improvements contemplated in sections 88.863 to 88.913, as above provided, whether owned by a person, a company, a corporation, a railroad corporation or company, a church, a charitable institution, educational institution, eleemosynary institution, cemetery or cemetery association, or any other institution or association whatever, except real estate owned by the state of Missouri or by any state institution, or by the United States, or by any county, township or city, and the tax bills so issued on any and all property, except those last named and excepted, shall be and constitute a first and prior lien against the property described therein, and second only to the lien of state, county and city taxes, and said lien shall continue for a period of three years after the maturity of each or any of said tax bills, or until the final determination of any legal proceedings to collect the same.
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(RSMo 1939 § 7548)
Prior revisions: 1929 § 7394; 1919 § 8802; 1909 § 9658
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.900 - Sidewalk improvements — assessment of government property.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1939
88.900. Sidewalk improvements — assessment of government property. —
Any real estate owned by the state of Missouri or by state institutions, or owned by any county, township or city, shall be liable for the cost of any of the improvements contemplated and provided for in sections 88.863 to 88.913, the same as other property, and an assessment shall be made thereon and tax bills issued in the same manner as tax bills against other property provided for in section 88.897, and said tax bills shall be a valid and subsisting claim against such state, state institutions, county, township or city, the same as any other debt or demand against such state, state institution, county, township or city, and shall be paid for out of funds appropriated by them for such purposes, and shall bear interest at the rate of not to exceed eight percent per annum from thirty days after the date of issue until paid.
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(RSMo 1939 § 7549)
Prior revisions: 1929 § 7395; 1919 § 8803; 1909 § 9659
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.903 - Special tax bills prima facie evidence.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1939
88.903. Special tax bills prima facie evidence. —
Any special tax bills issued under the provisions of sections 88.863 to 88.913 shall, in actions thereon, be prima facie evidence of the regularity of the proceedings for such special assessment, of the validity of the bill, of the doing of the work, and of the furnishing of the materials charged for, and of the liability of the property to the charge stated in the bill.
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(RSMo 1939 § 7550)
Prior revisions: 1929 § 7396; 1919 § 8804; 1909 § 9660
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.907 - Certification of tax bills.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1939
88.907. Certification of tax bills. —
All of the tax bills, as provided in sections 88.863 to 88.913, shall be certified as correct by the city engineer or other person who has made the computation under authority of the city council, and shall be signed by the mayor, attested by the city clerk under the seal of the city.
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(RSMo 1939 § 7551)
Prior revisions: 1929 § 7397; 1919 § 8805; 1909 § 9661
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.910 - Recording of tax bills.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1939
88.910. Recording of tax bills. —
All such tax bills shall be recorded by the city clerk in a book kept by him for such purpose before the delivery of said tax bills. And said city clerk shall release said tax bills on the margin of the record thereof, upon presentation of the tax bills duly marked "paid" by the holder or assignee, or upon presentation of other suitable evidence that such tax bill has been paid in full.
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(RSMo 1939 § 7552)
Prior revisions: 1929 § 7398; 1919 § 8806; 1909 § 9662
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.913 - Suit to enforce collection of special tax bill.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1939
88.913. Suit to enforce collection of special tax bill. —
In any suit or proceedings to enforce the collection of any special tax bill issued under the provisions of sections 88.863 to 88.910 it shall only be necessary for the owner thereof to charge in the petition that such amount is due by the defendant to the plaintiff for a certain improvement made by virtue of certain ordinances, giving their title and date of adoption; provided, that nothing in said sections shall be so construed as to prevent any defendant from pleading and proving in reduction of any bill any mistake or error in the amount thereof, or that the work therein mentioned was not done in a good and workmanlike manner; and provided further, that if any party shall plead any mistake or error in the amount of the bill, or that the work was not done in a workmanlike manner, and that such party, before the commencement of the suit, tendered to the contractor, or holder of the bill, the full value of the work done, and shall establish the same on the trial, the recovery shall only be in the amount so tendered, and judgment for costs shall be rendered against the plaintiff; provided further, that if it be pleaded and proved that the work for which the bill was issued was not done according to the terms of the contract made by the contractor with the city, then the plaintiff or plaintiffs shall recover thereon only the actual value of the work done, with interest at six percent from date, if of any value; and if not of any value, the judgment shall be for the defendant. No suit for the collection of any tax bill shall be defeated or affected by any irregularity affecting any other bill, or matter rendering any other bill invalid in whole or in part; provided further, that if at any time it is found that there has been any error in the issuance of any tax bills or in any assessment, or in the mode or manner of any assessment, the same shall be corrected and a reassessment made (if necessary to correct the mistake) by the proper officials, and said reassessment shall be as binding and in all respects the same as if no previous assessments had been made or tax bills issued.
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(RSMo 1939 § 7553)
Prior revisions: 1929 § 7399; 1919 § 8807; 1909 § 9663
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.917 - Street grading (cities, 300,000 or over).

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
Effective - 28 Aug 2008
88.917. Street grading (cities, 300,000 or over). —
Every city now having or which may at any time hereafter have a population of three hundred thousand inhabitants or over shall have at all times the power to establish the grade and change the grade already established of any street, alley, avenue, public highway or public place, or any part thereof, as often as it may be deemed best for the public interest, and to cause the same or any part thereof to be graded to the established grade or to any change thereof. Provided, however, that when a change is proposed to be made in the grade of any street, alley, avenue, public highway or public place, or any part thereof, which has once been established, the city shall by ordinance declare the work of improvement to be necessary, and cause such ordinance, or the substance thereof, to be published in the newspaper doing the city printing, for ten days, Sundays included. Unless the resident owners of the city who shall own the majority in front feet of all the lands belonging to such residents fronting on the street, alley, avenue, public highway, public place, or part thereof to be improved, within thirty days after the first day of the publication of such ordinance, file with the city register their remonstrance against the proposed change, then the ordinance to cause the proposed change to be made shall become effective. Provided further, however, that when the charter of any such city shall require that such ordinance shall, before being passed, be recommended by a board of public improvements, or other authority of such city, then the same shall, before being passed, be recommended as therein required. If the remonstrance of the resident property owners above mentioned shall be filed with the city register, as herein provided, the ordinance to make the proposed change in the grade of such street, alley, avenue, public highway or public place, or any part thereof, shall not become effective until a sufficient number of the persons so remonstrating or their grantees shall, in writing, withdraw their names or the property represented by them from such remonstrance, so that said remonstrance shall cease to represent a majority of the resident owners as above provided.
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(RSMo 1939 § 7713, A.L. 2008 H.B. 2047)
Prior revisions: 1929 § 7565; 1919 § 8975; 1909 § 9827
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.920 - Street grading — damages and benefits (cities, 300,000 or over).

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
Effective - 28 Aug 1939
88.920. Street grading — damages and benefits (cities, 300,000 or over). —
When the property owners to be disturbed or damaged by the grading, regrading, or other change of any street, alley, avenue, public highway, public place, or any part thereof, are lawfully entitled to remuneration or damages under the Constitution of the state of Missouri, and shall not have waived all right or claim thereto, the ordinance which shall order the grading or regrading of any such street, alley, avenue, public highway or public place, or any part thereof, shall also prescribe and determine the limits within which private property is benefitted by the proposed grading or regrading.
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(RSMo 1939 § 7714)
Prior revisions: 1929 § 7566; 1919 § 8976; 1909 § 9828
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.923 - Notice of suit on special tax bills (cities, 300,000 or over).

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
• Effective - 28 Aug 1939
88.923. Notice of suit on special tax bills (cities, 300,000 or over). —
Whenever any suit shall be commenced in any city of this state now having, or which may hereafter have a population of three hundred thousand or more inhabitants, on any special tax bill to enforce the payment or the lien thereof, the party or parties plaintiff shall, within ten days after the commencement of such suit, file with the comptroller or other officer of such city, in whose office the record of such special tax bills is required to be kept, a written notice setting forth when and in which court such suit was brought; and the comptroller or such other officer shall immediately note such facts on the record of such tax bill.
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(RSMo 1939 § 7735)
Prior revisions: 1929 § 7587; 1919 § 8997; 1909 § 9848
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.927 - Limiting lien on special tax bills (cities, 300,000 or over).

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
Effective - 28 Aug 1939
88.927. Limiting lien on special tax bills (cities, 300,000 or over). —
The lien of every such tax bill shall cease, end and determine in two years after said tax bill, or the last installment thereof, if the same be payable in installments, shall have become due and payable, unless suit shall have been brought on such tax bill, and notice of such suit, as required in section 88.923, shall have been given and filed within that time. If within said time no such suit was brought, or if within said time no such notice of suit shall have been filed, the tax bill shall be presumed to have been paid, and the comptroller, or other proper officer, shall make an appropriate entry on the record of the tax bill in his office that the lien thereof has expired by lapse of time.
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(RSMo 1939 § 7736)
Prior revisions: 1929 § 7588; 1919 § 8998; 1909 § 9849
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.930 - Condemnation of property (cities, 150,000 to 500,000).

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
Effective - 28 Aug 1939
88.930. Condemnation of property (cities, 150,000 to 500,000). —
1. Whenever a city which now has or may hereafter have more than one hundred and fifty thousand inhabitants and less than five hundred thousand inhabitants, whether organized under general law or special charter of the provisions of Section 19 of Article VI of the Constitution of this state, shall, by ordinance, deem it necessary to take and condemn or damage any private property for a public use of said city, it may adopt the same procedure for such taking and condemning or damaging as is prescribed in the general laws of the state for the appropriation and valuation of lands taken for telegraph, telephone, gravel and plank or railroad purposes, being chapter 523. Upon paying to the clerk of the circuit court the amount of damages awarded, the city shall have the right, notwithstanding the filing of exceptions to such award, to enter upon and take possession of the property so taken and condemned, and to proceed with the public improvement, or in the case of damage only, to proceed with the public improvement, and any subsequent proceeding shall only affect the amount of compensation to be allowed.
2. The method or procedure provided for in this section shall be construed to be an additional remedy for the benefit of the cities mentioned in said section, and not as in any way affecting or repealing the provisions of any existing law.
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(RSMo 1939 §§ 7684, 7685)
Prior revisions: 1929 §§ 7536, 7537; 1919 §§ 8947, 8948; 1909 §§ 9799, 9800
(1998) A municipality's general statutory authority to condemn private property is not sufficient to condemn property devoted to prior public use for another public use which will destroy, impair or interfere with such prior use. Smithville v. St. Luke's Northland Hospital, 972 S.W.2d 416 (W.D.Mo.).
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.940 - City improvements — contracts.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
Effective - 28 Aug 1963
88.940. City improvements — contracts. —
All city improvements of whatever kind or character, including the erection of all public buildings made or to be erected at the expense of any constitutional charter city having more than seventy-five thousand and less than eighty thousand inhabitants, except where otherwise provided herein, shall be let by contract to the lowest and best bidder, and shall be prescribed by ordinance; provided, that nothing in this section shall be so construed as to prevent the repair, by day's work, of boulevards, streets, sewers, culverts, buildings or other city property, so far as may be necessary for the preservation thereof; and provided that nothing in this section shall be construed to prevent the city from specifying by ordinance the kind and character of materials and the kind and character of labor to be used by contractors making city improvements and the maximum hours that the labor shall work thereon and the minimum wages that shall be paid the labor.
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(L. 1963 p. 145 § 1)
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 88 - Public Works and Special Assessments — Condemnation › Section 88.950 - Special benefit parking districts — condemnation, procedure.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 88
Effective - 28 Aug 1973
88.950. Special benefit parking districts — condemnation, procedure. —
1. Any city located within a first class county not having a charter form of government and any city having a population of at least eighty thousand, but not more than two hundred thousand, located within a first class county having a charter form of government which county contains a portion of a city having more than four hundred thousand inhabitants may establish special benefit parking districts to provide for the acquisition, improvement and all costs incident thereto, and maintenance of off-street parking facilities.
2. Whenever, upon petition of the owners of fifty-one percent of the assessable square feet of the property to be included in such district, the governing body of any city deems it necessary to condemn or appropriate private property and to assess the cost thereof against property in a benefit district, the governing body shall enact an ordinance setting forth the general nature or purpose of the use to which such private property is to be put, declaring it to be necessary to take and appropriate private property therein described for such purpose, and defining the limits of a benefit district within which private property shall be deemed benefitted or assessed to pay for the property acquired by condemnation, the improvement and all cost incident thereto, and the time and mode of payment of such assessment and the penalty for failure to pay the same when due.
3. Upon enactment of the ordinance prescribed in subsection 1 of this section, the governing body of the city shall proceed with the establishment of the benefit district as prescribed in sections 88.010 to 88.070, and the cost of improving any property acquired through that procedure shall be apportioned in the same manner and along with the costs of such acquisition.
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(L. 1965 p. 215 §§ 1, 2, A.L. 1973 H.B. 638)
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 89 - Zoning and Planning › Section 89.010 - Applicability of law — conflict with zoning provisions of another political subdivision, which to prevail.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 89
• Effective - 28 Aug 2007
89.010. Applicability of law — conflict with zoning provisions of another political subdivision, which to prevail. —
1. The provisions of sections 89.010 to 89.140 shall apply to all cities, towns and villages in this state.
2. (1) As used in this subsection,
"transect-based zoning"
means a zoning classification system that prescriptively arranges uses, elements, and environments according to a geographic cross-section that range across a continuum from rural to urban, with the range of environments providing the basis for organizing the components of the constructed world, including buildings, lots, land use, street, and all other physical elements of the human habitat, with the objective of creating sustainable communities and emphasizing bicycle lanes, street connectivity, and sidewalks, and permitting high-density and mixed use development in urban areas.
(2) In the event that any city, town, or village adopts a zoning or subdivision ordinance based on transect-based zoning, and such transect-based zoning provisions conflict with the zoning provisions adopted by code or ordinance of another political subdivision with jurisdiction in such city, town, or village, the transect-based zoning provisions governing street configuration requirements, including number and locations of parking spaces, street, drive lane, and cul-de-sac lengths and widths, turning radii, and improvements within the right-of-way, shall prevail over any other conflicting or more restrictive zoning provisions adopted by code or ordinance of the other political subdivision.
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(RSMo 1939 § 7423, A.L. 1941 p. 460, A.L. 1957 p. 274, A.L. 2007 H.B. 205 merged with H.B. 795 merged with S.B. 22 merged with S.B. 81)
Prior revision: 1929 § 7270
(1969) A comprehensive zoning ordinance is subject to referendum; this section is not a preemption by the state in the field of zoning and does not operate as an exclusion of section 78.220. State ex rel. Wahlmann v. Reim (Mo. en banc), 445 S.W.2d 336.
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 89 - Zoning and Planning › Section 89.030 - Zoning districts.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 89
• Effective - 28 Aug 1939
89.030. Zoning districts. —
For any or all of said purposes the local legislative body may divide the municipality into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of sections 89.010 to 89.140; and within such districts may regulate and restrict the erection, construction, reconstruction, alteration or use of buildings, structures, or land. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts.
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(RSMo 1939 § 7413)
Prior revision: 1929 § 7260
(1963) This act does not authorize the adoption of a one-use district zoning ordinance and city zoning ordinance which placed all territory in city in single family dwelling district, except as ordinance might be amended thereafter, was invalid. City of Moline Acres v. Heidbreder (Mo.), 367 S.W.2d 568.
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 89 - Zoning and Planning › Section 89.040 - Purpose of regulations.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 89
• Effective - 28 Aug 1959
89.040. Purpose of regulations. —
Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to preserve features of historical significance; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the values of buildings and encouraging the most appropriate use of land throughout such municipality.
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(RSMo 1939 § 7414, A.L. 1959 H.B. 493)
Prior revision: 1929 § 7261
(1963) Zoning ordinance amendment reclassifying a single piece of property to permit use of the property for gasoline station was unjustified by change of conditions and constituted illegal spot zoning. Numer v. Kansas City (A.), 365 S.W.2d 753.
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 89 - Zoning and Planning › Section 89.050 - Powers and limitations of legislative body in city — hearings, notice.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 89
• Effective - 28 Aug 1939
89.050. Powers and limitations of legislative body in city — hearings, notice. —
The legislative body of such municipality shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established, and enforced, and from time to time amended, supplemented, or changed. However, no such regulation, restriction, or boundary shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen days' notice of the time and place of such hearing shall be published in an official paper or a paper of general circulation in such municipality.
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(RSMo 1939 § 7415)
Prior revision: 1929 § 7262
(2000) Ordinance directed toward regulation of public health and safety, as opposed to a zoning ordinance, does not require the statutory notice and hearing prior to enactment. City of Green Ridge v. Kreisel, 25 S.W.3d 559 (Mo.App.W.D.).
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 89 - Zoning and Planning › Section 89.060 - Change in regulations, restrictions and boundaries — procedure.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 89
• Effective - 28 Aug 1988
89.060. Change in regulations, restrictions and boundaries — procedure. —
Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a protest against such change duly signed and acknowledged by the owners of thirty percent or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred and eighty-five feet distant from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds of all the members of the legislative body of such municipality. The provisions of section 89.050 relative to public hearing and official notice shall apply equally to all changes or amendments.
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(RSMo 1939 § 7416, A.L. 1988 H.B. 923)
Prior revision: 1929 § 7263
(1960) Where only one of the owners of property held by the entireties signed the petition for a protest against a zoning ordinance, the front footage of the property so held could not be counted in determining the sufficiency of the petition of protest. Accordingly, where a petition which was deficient in that the number of front footage was not represented, the board of aldermen could pass the ordinance by a mere majority vote and the ordinance was valid. Marks v. Bettendorf's, Inc. (A.), 337 S.W.2d 585.
(1962) Where evidence fell short of demonstrating that two of the five aldermen voting for zoning amendment ordinance had the direct financial interest in its passage, court refused to set aside purely legislative action of city's legislative body on ground of public policy. Coffin v. City of Lee's Summit (A.), 357 S.W.2d 211.
(1962) City council did not clearly, beyond reasonable doubt, act arbitrarily, capriciously or unlawfully in amending zoning ordinance to extend commercial zone and permitting bowling alley proprietor to enlarge parking lot. Miller v. Kansas City (A.), 358 S.W.2d 100.
(1978) To change zoning regulations, there must be actual votes affirmatively cast by three-fourths of all councilmen existing at time of vote, and therefore, abstention cannot be considered as concurring with the majority vote in favor of amendment. State ex rel. Stewart v. King (A.), 562 S.W.2d 704.
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 89 - Zoning and Planning › Section 89.070 - Zoning commission — appointment — duties.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 89
• Effective - 28 Aug 1939
89.070. Zoning commission — appointment — duties. —
In order to avail itself of the powers conferred by sections 89.010 to 89.140, such legislative body shall appoint a commission, to be known as "The Zoning Commission", to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. Such commission shall make a preliminary report and hold public hearings thereon before submitting its final report and such legislative body shall not hold its public hearings or take action until it has received the final report of such commission. Where a city plan commission already exists, it may be appointed as the zoning commission.
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(RSMo 1939 § 7417)
Prior revision: 1929 § 7264
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 89 - Zoning and Planning › Section 89.080 - Board of adjustment — appointment — term — vacancies — organization.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 89
• Effective - 28 Aug 2008
89.080. Board of adjustment — appointment — term — vacancies — organization. —
Such local legislative body shall provide for the appointment of a board of adjustment, and in the regulations and restrictions adopted pursuant to the authority of sections 89.010 to 89.140 may provide that the board of adjustment may determine and vary their application in harmony with their general purpose and intent and in accordance with general or specific rules therein contained. The board of adjustment shall consist of five members, who shall be residents of the municipality except as provided in section 305.410. The membership of the first board appointed shall serve respectively, one for one year, one for two years, one for three years, one for four years, and one for five years. Thereafter members shall be appointed for terms of five years each. Three alternate members may be appointed to serve in the absence of or the disqualification of the regular members. All members and alternates shall be removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The board shall elect its own chairman who shall serve for one year. The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to sections 89.010 to 89.140. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. All testimony, objections thereto and rulings thereon, shall be taken down by a reporter employed by the board for that purpose.
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(RSMo 1939 § 7418, A.L. 1971 H.B. 320, A.L. 1990 H.B. 1070, A.L. 2008 H.B. 1888)
Prior revision: 1929 § 7265
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 89 - Zoning and Planning › Section 89.090 - Board of adjustment — powers, exception for Kansas City.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 89
• Effective - 28 Aug 2008
89.090. Board of adjustment — powers, exception for Kansas City. —
1. The board of adjustment shall have the following powers:
(1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of sections 89.010 to 89.140 or of any ordinance adopted pursuant to such sections;
(2) To hear and decide all matters referred to it or upon which it is required to pass under such ordinance;
(3) In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of such ordinance, to vary or modify the application of any of the regulations or provisions of such ordinance relating to the construction or alteration of buildings or structures or the use of land so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done, provided that, in any city with a population of three hundred fifty thousand or more inhabitants which is located in more than one county, the board of adjustment shall not have the power to vary or modify any ordinance relating to the use of land.
2. In exercising the above-mentioned powers such board may, in conformity with the provisions of sections 89.010 to 89.140, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance except as provided in section 305.410.
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(RSMo 1939 § 7418, A.L. 1992 H.B. 1434 & 1490, A.L. 1993 S.B. 56, A.L. 1996 H.B. 956, A.L. 2008 H.B. 1888)
Prior revision: 1929 § 7265
(1955) Board of Adjustment of St. Louis held entitled to appeal from judgment reversing its order under zoning ordinance allowing use of building as funeral parlor in area otherwise zoned as four-family residential area. Cunningham v. Leimkuehler (A.), 276 S.W.2d 633.
(1957) Board of Adjustment exceeded its jurisdiction in granting a permit to build a duplex in area zoned for single family dwellings only where applicant did not show unnecessary hardship or practical difficulties, notwithstanding section on zoning allowing special permits. Wilson v. Douglas (A.), 297 S.W.2d 588.
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 89 - Zoning and Planning › Section 89.100 - Board of adjustment — appeals, procedure.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 89
• Effective - 28 Aug 1997
89.100. Board of adjustment — appeals, procedure. —
Appeals to the board of adjustment may be taken by any person aggrieved, by any neighborhood organization as defined in section 32.105 representing such person, or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause immediate peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
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(RSMo 1939 § 7418, A.L. 1997 S.B. 112)
Prior revision: 1929 § 7265
(1959) Notices of hearing before board of adjustment on application for permit to make improvements on property which were posted in the front and rear of the property and published in the city journal in accordance with city ordinance held sufficient to give board jurisdiction over all parties affected. Himmel v. Leimkuehler (A.), 329 S.W.2d 264.
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 89 - Zoning and Planning › Section 89.130 - Provisions of this law to govern, when.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 89
• Effective - 28 Aug 1939
89.130. Provisions of this law to govern, when. —
Wherever the regulations made under authority of sections 89.010 to 89.140 require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in any other statute or local ordinance or regulation, the provisions of the regulations made under authority of sections 89.010 to 89.140 shall govern. Wherever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the regulations made under authority of sections 89.010 to 89.140, the provisions of such statute or local ordinance or regulation shall govern.
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(RSMo 1939 § 7420)
Prior revision: 1929 § 7267
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 89 - Zoning and Planning › Section 89.140 - Previous ordinances to remain in force.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 89
• Effective - 28 Aug 1949
89.140. Previous ordinances to remain in force. —
Wherever any municipality pursuant to an act of the legislature of this state shall have adopted an ordinance or ordinances for any of the purposes covered by sections 89.010 to 89.140, such ordinance or ordinances shall be deemed to have been adopted under the provisions of sections 89.010 to 89.140, and it shall not be necessary in such cases for the local legislative body to appoint a zoning commission as provided in section 89.070. All such ordinances shall remain in full force and effect, except so far as they shall be inconsistent with the provisions of sections 89.010 to 89.140, until they shall have been amended, altered or repealed by such legislative body.
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(RSMo 1939 § 7421, A. 1949 H.B. 2037)
Prior revision: 1929 § 7268
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 89 - Zoning and Planning › Section 89.143 - Zoning law to allow certain facilities.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 89
• Effective - 28 Aug 1990
89.143. Zoning law to allow certain facilities. —
1. Any zoning law, ordinance or code enacted on or before August 28, 1990, by the governing body of any county, or any city, town or village containing a population of more than five hundred persons, as determined based upon the last previous decennial census of the United States, shall contain or be modified to contain appropriate provisions establishing as a permissive, conditional, or special use, the location and use of buildings, structures and land as residential or outpatient facilities for the treatment of alcohol and other drug abuse.
2. Any county, or such city, town, or village which fails to modify its zoning law, ordinance or code by January 1, 1991, to provide for classification as set out in subsection 1 of this section shall be deemed to have adopted the classification of commercial or an equivalent classification for such treatment facilities.
3. If a county, or such city, town, or village, initially adopts a zoning ordinance or code after August 28, 1990, it shall contain appropriate provisions establishing as a permissive, conditional, or special use, the location and use of buildings, structures and land as residential or outpatient facilities for the treatment of alcohol and other drug abuse. If such a zoning law, ordinance, or code does not contain such provisions, the county, or such city, town, or village shall be deemed to have adopted the classification of commercial or an equivalent classification for such treatment facilities.
4. The local zoning authority may require that the exterior appearance of the facility and property be in reasonable conformance with the general standards in the area. Further, the local zoning authority may establish reasonable standards regarding the density of such residential treatment facilities in any specific neighborhood.
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(L. 1990 S.B. 728 § 1)
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 89 - Zoning and Planning › Section 89.144 - Peripheral zoning (third class cities over 25,000 inhabitants).

Title VII CITIES, TOWNS AND VILLAGES
Chapter 89
• Effective - 28 Aug 1971
89.144. Peripheral zoning (third class cities over 25,000 inhabitants). —
1. Any third class city having a population of more than twenty-five thousand inhabitants may, by ordinance, adopt and enforce regulations governing zoning, planning, subdivision and building within all or any portion of the unincorporated area extending two miles outward from the corporate limits of the city if the city has a zoning commission and a board of adjustment established pursuant to sections 89.010 to 89.140. When authorized by ordinance, the zoning commission and the board of adjustment of the city shall have the same powers within the unincorporated area as they have within the corporate limits of the city.
2. The ordinances, before passage, must be approved by order of the county commission of the county in which the unincorporated area is located and the ordinances shall not be more, but may be less, restrictive than the ordinances governing zoning, planning, subdivision and building within the corporate limits of the city. If building permits are required by the ordinances, they shall be issued without fee.
3. In the event the county in which the unincorporated area is located shall create a county planning commission and the planning commission shall adopt an official master plan for the unincorporated areas of the county in accordance with the provisions of chapter 64, the authority granted the city under the terms of this section shall terminate.
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(L. 1971 H.B. 145)
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 89 - Zoning and Planning › Section 89.145 - Peripheral zoning by certain cities — approval by county commission, hearing, notice — termination.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 89
• Effective - 09 Jul 1992, see footnote
89.145. Peripheral zoning by certain cities — approval by county commission, hearing, notice — termination. —
1. Any constitutional charter city having a population of more than thirty-five thousand inhabitants, located in any county of the first class not having a charter form of government or in any county of the second class, may, by ordinance, adopt and enforce any and all regulations governing zoning, planning, subdivision and building within all unincorporated area extending up to two miles outward from the corporate limits of the city if the city has a zoning commission and a board of adjustment established pursuant to sections 89.010 to 89.140. When authorized by ordinance, the zoning commission and the board of adjustment of the city shall have the same powers within the above county as they have within the corporate limits of the city.
2. The ordinances, before passage, must be approved by order of a majority of the county commission of the county in which the city is located and the ordinances shall not be more, but may be less, restrictive than the ordinances governing zoning, planning, subdivision and building within the corporate limits of the city. Before the approval of the ordinance, the county commission shall hold at least one public hearing thereon, fourteen days' notice of the time and place of which shall be published in at least one newspaper having general circulation within the county; the notice of such hearing shall also be posted at least fourteen days in advance thereof in one or more public areas of the courthouse of the county. Such hearing may be adjourned from time to time.
3. In the event the county in which such city is located creates a county planning commission and the planning commission adopts an official master plan for the unincorporated areas of the county in accordance with the authority granted by sections 64.211 to 64.295 or by sections 64.510 to 64.690, the authority granted such constitutional charter city under the terms of this section shall terminate.
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(L. 1959 S.B. 102, A.L. 1974 1208, A.L. 1992 S.B. 571)
Effective 7-9-92
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 89 - Zoning and Planning › Section 89.191 - Municipalities in first class charter counties annexing territory with a prior zoning classification, zoning not affected.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 89
• Effective - 28 Aug 1991
89.191. Municipalities in first class charter counties annexing territory with a prior zoning classification, zoning not affected. —
Whenever any city, town or village, located in a county of the first class with a charter form of government annexes any unincorporated territory, the zoning classification of the annexed territory shall remain the same as it was prior to the annexation, unless the zoning classification is affirmatively changed through the regular rezoning procedures used by the annexing city, town or village.
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(L. 1991 S.B. 93 § 1)
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 89 - Zoning and Planning › Section 89.210 - Street defined.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 89
• Effective - 28 Aug 1939
89.210. Street defined. —
The word
"street"
, as used in sections 89.220 to 89.250, means any public highway, esplanade, boulevard, parkway, square or street, or any part or side, or part of the side, of any of the same.
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(RSMo 1939 § 7747)
Prior revision: 1929 § 7599
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 89 - Zoning and Planning › Section 89.220 - Establishment of building lines.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 89
• Effective - 28 Aug 1939
89.220. Establishment of building lines. —
It shall be lawful for any city now having or which may hereafter have five hundred thousand or more inhabitants to provide by ordinance for the establishment of building lines on any public street. Such building line shall be established by the same procedure as that provided by law in such city for the acquiring of land for the opening of streets. After the establishment of any such line no building or other structure shall be erected, reconstructed or substantially repaired and no new building or other structure or part thereof shall be reerected within said lines so established.
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(RSMo 1939 § 7748)
Prior revision: 1929 § 7600
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 89 - Zoning and Planning › Section 89.230 - Structures shall be required to conform to new line, when.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 89
• Effective - 28 Aug 1939
89.230. Structures shall be required to conform to new line, when. —
Whenever and wherever a building line shall be established as aforesaid, all structures extending within such building lines shall be required to conform to the new line within a period of not more than twenty-five years from the time of establishing said lines, such time to be provided in the ordinance providing for the establishment of such line. At the expiration of the time limit in which all structures are so required to conform to the new building line, the proper municipal authorities shall proceed in the manner then provided by law relating to condemnation proceedings by such cities to determine the additional damages sustained by the removal of such structure then within the building line and may in the same proceeding acquire the land within the building lines or any part thereof as a street.
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(RSMo 1939 § 7749)
Prior revision: 1929 § 7601