Effective - 28 Aug 2019, 2 histories
89.020. Powers of municipal legislative body — group homes, classification, standards, restrictions — enforcement of zoning beyond lake shorelines, when, how — foster homes, classifications of — certain municipalities may adopt county zoning regulations — sawmills and planing mills, classification. — 1. For the purpose of promoting health, safety, morals or the general welfare of the community, the legislative body of all cities, towns, and villages is hereby empowered to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, the preservation of features of historical significance, and the location and use of buildings, structures and land for trade, industry, residence or other purposes.
2. For the purpose of any zoning law, ordinance or code, the classification single-family dwelling or single-family residence shall include any home in which eight or fewer unrelated mentally or physically handicapped persons reside, and may include two additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home. In the case of any such residential home for mentally or physically handicapped persons, the local zoning authority may require that the exterior appearance of the home and property be in reasonable conformance with the general neighborhood standards. Further, the local zoning authority may establish reasonable standards regarding the density of such individual homes in any specific single-family dwelling neighborhood.
3. No person or entity shall contract or enter into a contract which would restrict group homes or their location as described in this section from and after September 28, 1985.
4. Any county, city, town or village which has a population of at least five hundred and whose boundaries are partially contiguous with a portion of a lake with a shoreline of at least one hundred fifty miles shall have the authority to enforce its zoning laws, ordinances or codes for one hundred yards beyond the shoreline which is adjacent to its boundaries. In the event that a lake is not large enough to allow any county, city, town or village to enforce its zoning laws, ordinances or codes for one hundred yards beyond the shoreline without encroaching on the enforcement powers granted another county, city, town or village under this subsection, the counties, cities, towns and villages whose boundaries are partially contiguous to such lake shall enforce their zoning laws, ordinances or orders under this subsection pursuant to an agreement entered into by such counties, cities, towns, or villages.
5. Should a single-family dwelling or single-family residence as described in subsection 2 of this section cease to operate for the purpose as set forth in subsection 2 of this section, any other use of such home, other than allowed by local zoning restrictions, must be approved by the local zoning authority.
6. For purposes of any zoning law, ordinance or code the classification of single-family dwelling or single-family residence shall include any private residence licensed by the children's division or department of mental health to provide foster care to one or more but less than seven children who are unrelated to either foster parent by blood, marriage or adoption. Nothing in this subsection shall be construed to relieve the children's division, 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.
7. Any city, town, or village that is granted zoning powers under this section and is located within a county that has adopted zoning regulations under chapter 64 may enact an ordinance to adopt by reference the zoning regulations of such county in lieu of adopting its own zoning regulations.
8. For purposes of any zoning law, ordinance, or code authorized and enacted under this section, a zoning or property classification of agricultural or horticultural shall include any sawmill or planing mill as defined in the U.S. Department of Labor's Standard Industrial Classification (SIC) Manual under Industry Group 242 with the SIC number 2421.
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(RSMo 1939 § 7412, A.L. 1957 p. 274, A.L. 1959 H.B. 493, A.L. 1985 H.B. 552, A.L. 1989 S.B. 11, A.L. 2006 S.B. 809, A.L. 2014 H.B. 1299 Revision, A.L. 2019 S.B. 133)
(1957) City ordinance delegating to city council the discretionary power to enforce zoning regulations held valid. State ex rel. Ludlow v. Guffey (Mo.) 306 S.W.2d 552.
(1957) Power of eminent domain vested in school districts for the selection of sites and location of schools, cannot be controlled by city zoning ordinance. State ex rel. St. Louis Union Trust Co. v. Ferris (Mo.), 304 S.W.2d 896.
(1962) Where individual operated a junkyard within an area subsequently zoned as two-family residential, he could not be deprived of his right to operate the junkyard unless he had abandoned the junkyard business. State ex rel. Capps v. Bruns (A.), 353 S.W.2d 829.
(1967) The exercise of the zoning powers delegated to cities including the enactment of ordinances amending the comprehensive plan is a legislative function and, as a general rule, courts will not inquire into the interests or motives of the members of a municipal legislative function. Strandburg v. Kansas City (Mo.), 415 S.W.2d 737.
(1993) Section is plain and unambiguous and provision of statute that addresses homes where unrelated physically or mentally handicapped persons reside does not require city to allow up to eight nonrelated individuals recovering from alcohol or drug abuse to live in single residence in single-family residential district. City of St. Joseph v. Preferred Family Healthcare, Inc., 859 S.W.2d 723 (Mo. App. W.D.).