Section 85 Conflicts Between Zoning Authority and Other Statutory Provisions

• Library: Urban Development Subdivisions, and Annexations (2011 Ed.)

When statutes and municipal ordinances conflict, the statutes will prevail. McCarty v. City of Kansas City, 671 S.W.2d 790, 793 (Mo. App. W.D. 1984). A municipality may not attempt to broaden statutory or constitutional power by passage of its own ordinances on the same subject. For the most part, municipal ordinances finding their authority in the constitution or other nonzoning statutory power will prevail over zoning ordinances. City of Kirkwood v. City of Sunset Hills, 589 S.W.2d 31, 42–43 (Mo. App. E.D. 1979) (statute authorized the city's acquisition of property within one mile of its corporate limits to be used as a public swimming pool and recreational facility but adjacent city had a statutorily authorized zoning ordinance prohibiting this use; court sustained the acquisition of the pool and facility because city's power to acquire land by purchase or condemnation for parks had its source in article I, § 26, of the Constitution of Missouri); see also State ex rel. City of Gower v. Gee, 573 S.W.2d 107, 111–12 (Mo. App. W.D. 1978) (a fourth class municipality was authorized to construct a sewage plant on land outside of but within five miles of its municipal...