Missouri Revised Statutes
Chapter 89
Zoning and Planning
←89.080
Section 89.090.1
89.100→
August 28, 2015
Board of adjustment--powers, exception for Kansas City.
89.090. 1. The board of adjustment shall have the following powers:
(1) To hear and decide appeals where it is alleged there is error in any
order, requirement, decision, or determination made by an administrative
official in the enforcement of sections 89.010 to 89.140 or of any ordinance
adopted pursuant to such sections;
(2) To hear and decide all matters referred to it or upon which it is
required to pass under such ordinance;
(3) In passing upon appeals, where there are practical difficulties or
unnecessary hardship in the way of carrying out the strict letter of such
ordinance, to vary or modify the application of any of the regulations or
provisions of such ordinance relating to the construction or alteration of
buildings or structures or the use of land so that the spirit of the
ordinance shall be observed, public safety and welfare secured and
substantial justice done, provided that, in any city with a population of
three hundred fifty thousand or more inhabitants which is located in more
than one county, the board of adjustment shall not have the power to vary or
modify any ordinance relating to the use of land.
2. In exercising the above-mentioned powers such board may, in conformity
with the provisions of sections 89.010 to 89.140, reverse or affirm wholly or
partly, or may modify the order, requirement, decision or determination
appealed from and may make such order, requirement, decision or determination
as ought to be made and to that end shall have all the powers of the officer
from whom the appeal is taken. The concurring vote of four members of the
board shall be necessary to reverse any order, requirement, decision, or
determination of any such administrative official, or to decide in favor of
the applicant on any matter upon which it is required to pass under any such
ordinance or to effect any variation in such ordinance except as provided in
section 305.410.
(RSMo 1939 § 7418, A.L. 1992 H.B. 1434 & 1490, A.L. 1993 S.B. 56, A.L.
1996 H.B. 956, A.L. 2008 H.B. 1888)
Prior revision: 1929 § 7265
1996
1996
89.090. 1. The board of adjustment shall have the following powers:
(1) To hear and decide appeals where it is alleged there is error in
any order, requirement, decision, or determination made by an
administrative official in the enforcement of sections 89.010 to 89.140 or
of any ordinance adopted pursuant to such sections*;
(2) To hear and decide all matters referred to it or upon which it is
required to pass under such ordinance;
(3) In passing upon appeals, where there are practical difficulties
or unnecessary hardship in the way of carrying out the strict letter of
such ordinance, to vary or modify the application of any of the regulations
or provisions of such ordinance relating to the construction or alteration
of buildings or structures or the use of land so that the spirit of the
ordinance shall be observed, public safety and welfare secured and
substantial justice done, provided that, in any city with a population of
three hundred fifty thousand or more inhabitants which is located in more
than one county, the board of adjustment shall not have the power to vary
or modify any ordinance relating to the use of land.
2. In exercising the above-mentioned powers such board may, in
conformity with the provisions of sections 89.010 to 89.140, reverse or
affirm wholly or partly, or may modify the order, requirement, decision or
determination appealed from and may make such order, requirement, decision
or determination as ought to be made and to that end shall have all the
powers of the officer from whom the appeal is taken. The concurring vote
of four members of the board shall be necessary to reverse any order,
requirement, decision, or determination of any such administrative
official, or to decide in favor of the applicant on any matter upon which
it is required to pass under any such ordinance or to effect any variation
in such ordinance.
Top
Missouri General Assembly
Copyright © Missouri Legislature, all rights reserved.
