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 m

MISSOURI STATUTES AND CODES

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 m

Powers of municipal legislative body--group homes, classification,standards, restrictions--enforcement of zoning beyond lakeshorelines, when, how--foster homes, classifications of--certainmunicipalities may adopt county zoning regulations.

89.020. 1. For the purpose of promoting health, safety, morals orthe general welfare of the community, the legislative body of all cities,towns, and villages is hereby empowered to regulate and restrict theheight, number of stories, and size of buildings and other structures, thepercentage of lot that may be occupied, the size of yards, courts, andother open spaces, the density of population, the preservation of featuresof 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, theclassification single family dwelling or single family residence shallinclude any home in which eight or fewer unrelated mentally or physicallyhandicapped persons reside, and may include two additional persons actingas houseparents or guardians who need not be related to each other or toany of the mentally or physically handicapped persons residing in the home.In the case of any such residential home for mentally or physicallyhandicapped persons, the local zoning authority may require that theexterior appearance of the home and property be in reasonable conformancewith the general neighborhood standards. Further, the local zoningauthority may establish reasonable standards regarding the density of suchindividual homes in any specific single family dwelling neighborhood.

3. No person or entity shall contract or enter into a contract whichwould restrict group homes or their location as defined in this sectionfrom and after September 28, 1985.

4. Any county, city, town or village which has a population of atleast five hundred and whose boundaries are partially contiguous with aportion of a lake with a shoreline of at least one hundred fifty milesshall have the authority to enforce its zoning laws, ordinances or codesfor one hundred yards beyond the shoreline which is adjacent to itsboundaries. In the event that a lake is not large enough to allow anycounty, city, town or village to enforce its zoning laws, ordinances orcodes for one hundred yards beyond the shoreline without encroaching on theenforcement powers granted another county, city, town or village under thissubsection, the counties, cities, towns and villages whose boundaries arepartially contiguous to such lake shall enforce their zoning laws,ordinances or orders under this subsection pursuant to an agreement enteredinto by such counties, cities, towns and villages.

5. Should a single family dwelling or single family residence asdefined in subsection 2 of this section cease to operate for the purpose asset forth in subsection 2 of this section, any other use of such home,other than allowed by local zoning restrictions, must be approved by thelocal zoning authority.

6. For purposes of any zoning law, ordinance or code theclassification of single family dwelling or single family residence shallinclude any private residence licensed by the division of family servicesor department of mental health to provide foster care to one or more butless than seven children who are unrelated to either foster parent byblood, marriage or adoption. Nothing in this subsection shall be construedto relieve the division of family services, the department of mental healthor any other person, firm or corporation occupying or utilizing any singlefamily dwelling or single family residence for the purposes specified inthis subsection from compliance with any ordinance or regulation relatingto occupancy permits except as to number and relationship of occupants orfrom compliance with any building or safety code applicable to actual useof such single family dwelling or single family residence.

7. Any city, town, or village that is granted zoning powers underthis section and is located within a county that has adopted zoningregulations under chapter 64, RSMo, may enact an ordinance to adopt byreference the zoning regulations of such county in lieu of adopting its ownzoning regulations.