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.
--------
(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.
Structure Missouri Revised Statutes
Title VII - Cities, Towns and Villages
Chapter 89 - Zoning and Planning
Section 89.030 - Zoning districts.
Section 89.040 - Purpose of regulations.
Section 89.050 - Powers and limitations of legislative body in city — hearings, notice.
Section 89.060 - Change in regulations, restrictions and boundaries — procedure.
Section 89.070 - Zoning commission — appointment — duties.
Section 89.080 - Board of adjustment — appointment — term — vacancies — organization.
Section 89.090 - Board of adjustment — powers, exception for Kansas City.
Section 89.100 - Board of adjustment — appeals, procedure.
Section 89.110 - Board of adjustment — decisions subject to review — procedure.
Section 89.120 - Violations — penalties.
Section 89.130 - Provisions of this law to govern, when.
Section 89.140 - Previous ordinances to remain in force.
Section 89.143 - Zoning law to allow certain facilities.
Section 89.144 - Peripheral zoning (third class cities over 25,000 inhabitants).
Section 89.210 - Street defined.
Section 89.220 - Establishment of building lines.
Section 89.230 - Structures shall be required to conform to new line, when.
Section 89.240 - Assessment and payment of damages.
Section 89.250 - Law does not abridge or limit power of eminent domain.
Section 89.310 - Municipality may adopt city plan and appoint commission.
Section 89.320 - Planning commission — membership — terms — vacancy — removal.
Section 89.340 - City plan, contents — zoning plan.
Section 89.350 - Plan, prepared how — purposes.
Section 89.360 - Adoption of plan, procedure.
Section 89.370 - Powers of commission — recommendations.
Section 89.390 - Functions of commission.
Section 89.420 - Commission to approve plats, when.
Section 89.430 - Commission approval of plats — effects.
Section 89.440 - Approval of plats required for recording.
Section 89.460 - Public improvements, how approved after adoption of major street plan.
Section 89.470 - No building permitted on streets not conforming to major street plan.
Section 89.480 - Establishment of building lines — board of adjustment.
Section 89.490 - Violation — penalty.
Section 89.500 - Home-based work — limitation on zoning restrictions.