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.