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Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

  Chapter 64back to chapter 64

  64.110.  Further regulation of districts — hearing — order (first class counties). — The county commission shall provide for the manner in which such regulations, restrictions and boundaries of such districts shall be determined, established and enforced, and from time to time amended, supplemented or changed within the unincorporated territory.  In order to avail itself of the powers conferred by sections 64.010 to 64.160, the county commission shall request the county planning commission to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein.  If there be no county planning commission the county commission shall appoint a county zoning commission whose personnel, length of terms and organization shall be same as provided in sections 64.010 to 64.040 for a county planning commission.  Such commission shall make a preliminary report and a proposed zoning order and shall hold public hearings thereon and shall afford persons interested an opportunity to be heard.  A hearing shall be held in each township affected by the terms of such proposed order, public notice of which hearing shall be given in the same manner as provided for the hearing in section 64.040. Such notice shall state the time and place of the hearing and the place where copies of the proposed report and order will be accessible for examination by interested parties.  Such hearings may be adjourned from time to time.  Within ninety days after the final adjournment of such hearings the commission shall make a report and submit a proposed order to the county commission.  The county commission may enact the order with or without change or may refer it back to the commission for further consideration.  In case a written protest against the proposed zoning of any land lying within one and one-half miles of the limits of any municipality having a zoning ordinance is received from the city council or board of trustees thereof, the county commission shall not enact the proposed zoning of such land except by a record vote and after a statement of the reasons for such action shall be spread upon its minutes.  In the preparation of its report and proposed zoning order the commission may incur such expenditures as shall be authorized by the county commission.

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(L. 1941 p. 481 § 10)

(1953) Where zoning order made by county court provided that no structure in district limited to specified agricultural purposes should exceed thirty-five feet in height, board of zoning adjustment could not grant permit for drive-in theater having screen in excess of that height. State ex rel. Barr v. Fleming (A.), 259 S.W.2d 417.

(1972) Requirement for record vote and statement of reasons applies only to proposed original zoning and not to proposed rezoning. Williams v. White (Mo.), 485 S.W.2d 622.


< end of effective 28 Aug 1941 >

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