Section 6.3 Statutory Authority

• Library: Local Government Deskbook (2017 Ed.)

A. (§6.3) Statutory Authority

The power of planning and zoning is a police power delegated by the state to local political subdivisions, principally in Chapter 64, RSMo (counties), and Chapter 89, RSMo (cities, towns, and villages). Wrigley Props., Inc. v. City of Ladue, 369 S.W.2d 397 (Mo. 1963). “Zoning ordinances constitute an exercise of a state’s police power.” Moore v. City of Parkville, 156 S.W.3d 384, 387 (Mo. App. W.D. 2005) (citing City of Louisiana v. Branham, 969 S.W.2d 332, 336 (Mo. App. E.D. 1998)); see also The Lamar Co. v. City of Columbia, 512 S.W.3d 774, 784 (Mo. App. W.D 2016). “‘A city cannot surrender or contract away its governmental functions and [police] powers.’” The Lamar Co., 512 S.W.3d at 784 (quoting Lodge of the Ozarks, Inc. v. City of Branson, 796 S.W.2d 646, 650 (Mo. App. S.D. 1990) (citing Stewart v. City of Springfield, 165 S.W.2d 626, 629 (Mo. banc 1942))).

Zoning ordinances are presumed to be valid. But this presumption is rebuttable, and the challenger bears the burden of proving an ordinance’s unreasonableness as applied to the challenger’s property. Any uncertainty about the reasonableness of a zoning regulation must be resolved in the government’s favor. JGJ Props., LLC v. City of Ellisville, 303 S.W.3d 642, 647 (Mo. App. E.D. 2010) (citing Elam v. City of St. Ann, 784 S.W.2d 330, 335 (Mo. App. E.D. 1990)).

In the case of second and third class counties, or under alternative county planning and zoning, a vote of the residents is first required to authorize implementation of planning and zoning. Sections 64.530 and 64.800, RSMo 2016. While these enabling statutes are the sole source of the zoning power, Huttig v. City of Richmond Heights, 372 S.W.2d 833 (Mo. 1963), the powers are broadly defined and allow local authorities to impose a wide range of land use controls. Illustrative of this point is § 89.020.1, RSMo 2016, applicable to all cities, towns, and villages, which provides:

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