Missouri Revised Statutes

Mo. Rev. Stat. § 64.660 (2026)

County board of zoning adjustment

✓ current as of May 2026

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64.660. County board of zoning adjustment — members — organization — appeals to, procedure — powers of board (second and third class counties). — 1. Any county commission which appointed a county planning or county zoning commission and which has adopted a zoning plan, as provided in sections 64.510 to 64.695, shall appoint a county board of zoning adjustment. The board shall consist of five residents of the county, but not more than two shall be residents of the incorporated area of the county and not more than one may be a member of the county planning commission or the county zoning commission. The membership of the first board appointed shall serve respectively: One for one year, one for two years, one for three years, two for four years. Thereafter members shall be appointed for terms of four years each. Members shall be removable for cause by the county commission upon written charges and after public hearings. Vacancies shall be filled by the county commission for the unexpired term of any member whose term becomes vacant. Members of the board shall serve without compensation, but may be reimbursed for expenses incurred for attendance at not more than four meetings per year in an amount to be set by the county commission, not to exceed ten dollars per meeting. The board of zoning adjustment shall elect its own chairman and shall adopt rules of procedure consistent with the provisions of the zoning regulations and the provisions of sections 64.510 to 64.695. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board of zoning adjustment shall be open to the public, and minutes shall be kept of all proceedings and official actions, which minutes shall be filed in the office of the board and shall be a public record. Appeals to the board of zoning adjustment may be taken by any owner, lessee or tenant of land, or by a public officer, department, board or bureau, affected by any decision of the administrative officer in administering a county zoning ordinance. Such appeals shall be taken within a period of not more than three months, and in the manner provided by the rules of the board. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken shall certify to the board that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. The board of adjustment shall have the following powers and it shall be its duty:

(1) To hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by an administrative official in the enforcement of the county zoning regulations;

(2) To hear and decide all matters referred to it or which it is required to determine under the zoning regulations adopted by the county commission as herein provided;

(3) Where, by reason of exceptional narrowness, shallowness, shape of topography or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of any regulation adopted under sections 64.510 to 64.695 would result in peculiar and exceptional difficulties to or exceptional and demonstrable undue hardship upon the owner of the property as an unreasonable deprivation of use as distinguished from the mere grant of a privilege, to authorize, upon an appeal relating to the property, a variance from the strict application so as to relieve the demonstrable difficulties or hardships, provided the relief can be granted without substantial detriment to the public good and without substantially impairing the intent, purpose, and integrity of the zone plan as embodied in the zoning regulations and map.

2. In exercising the above powers, the board may 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. Any owners, lessees or tenants of buildings, structures or land jointly or severally aggrieved by any decision of the board of adjustment or of the county commission, respectively, under the provisions of sections 64.510 to 64.695, or board, commission or other public official, may present to the circuit court of the county in which the property affected is located, a petition, duly verified, stating that the decision is illegal in whole or in part, specifying the grounds of the illegality and asking for relief therefrom. Upon the presentation of the petition the court shall allow a writ of certiorari directed to the board of adjustment or the county commission, respectively, of the action taken and data and records acted upon, and may appoint a referee to take additional evidence in the case. The court may reverse or affirm or may modify the decision brought up for review. After entry of judgment in the circuit court in the action in review, any party to the cause may prosecute an appeal to the appellate court having jurisdiction in the same manner now or hereafter provided by law for appeals from other judgments of the circuit court in civil cases.

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(L. 1951 p. 406 § 13, A.L. 1963 p. 118, A.L. 1990 H.B. 1070)

Notes of Decisions

Cited in 27 cases, 1958–2015 · leading case: Miller v. Browning-Ferris Indus., 674 S.W.2d 150 (Mo. Ct. App. 1984).

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Miller v. Browning-Ferris Indus., 674 S.W.2d 150 (Mo. Ct. App. 1984). · cites it 20× “In the initial point within their brief, respondents charge that this appeal cannot be maintained because the trial court lacked jurisdiction and hence this court lacks jurisdiction, because appellants failed to follow the required statutory procedure prescribed by § 64.660,…”

State ex rel. Koewing v. Franklin Cnty. Bd. of Zoning Adjustment, 809 S.W.2d 874 (Mo. Ct. App. 1991). · cites it 23× “The Board was appointed by the County Court of Franklin County pursuant to § 64.660 RSMo 1986. 5. § 64.660 RSMo 1986 is unconstitutional, and is violative of the First, Fourth, Fifth, Ninth and Fourteenth Amendments of the United States Constitution, in that it establishes the…”

State Ex Rel. Henze v. Wetzel, 754 S.W.2d 888 (Mo. Ct. App. 1988). · cites it 6× “660 so that a petition must be filed within thirty days and (b) the person granted the variance must be given notice of the petition within the thirty-day-appeal period.”

Am. Hog Co. v. Cnty. of Clinton, 495 S.W.2d 123 (Mo. Ct. App. 1973). · cites it 6× “” The procedure prescribed for review of that action is set forth in § 64.660. 1 This section of the statutes provides that appeal from that ruling might be made to the County Board of Zoning Adjustment within a period of not more than three months.”

State Ex Rel. Day v. Cnty. Court of Platte Cnty., 442 S.W.2d 178 (Mo. Ct. App. 1969). · cites it 7× “” “Section 64.660 contains no thirty-day time limit.”

State Ex Rel. McNary v. Hais, 670 S.W.2d 494 (Mo. 1984). · cites it 2× “1969), this court ruled at 182 that because § 64.660 (the section providing nearly identical review procedures for zoning decisions in class two and class three counties) provides no time limit for filing a petition, "it is not a complete provision for review," and must be read…”

Slate v. Boone Cnty. Bd. of Adjustment, 810 S.W.2d 361 (Mo. Ct. App. 1991). · cites it 4× “The enabling legislation for the Boone County Board of Adjustment is § 64.660. This section provides that the county commission has the power to appoint the Board members, to remove them for cause and to fill vacancies.”

Earls v. Majestic Pointe Ltd., 949 S.W.2d 239 (Mo. Ct. App. 1997). · cites it 5× “Plaintiff never appealed the Clinton County Planning Commission’s order (finding a violation of its regulations) to the County Board of Adjustment as allowed by § 64.660. 6 Plaintiff claimed its suit was authorized by §§ 527.”

Rita Aust v. Platte Cnty., Missouri PC Homes, LLC Kelly Jo Yulich Trust Arlene Kagan & Wendy Winer, 477 S.W.3d 738 (Mo. Ct. App. 2015). · cites it 16× “The circuit court’s authority to review the Commission’s decision arises from Section 64.660. This statute provides the procedure for judicial review of zoning, actions in second and third class counties.”

Deffenbaugh Indus., Inc. v. Potts, 802 S.W.2d 520 (Mo. Ct. App. 1990). · cites it 2× “110 for a person aggrieved to bring a proceeding for judicial review in the circuit court — an element of procedure § 64.”

State Ex Rel. State Tax Comm'n v. Luten, 459 S.W.2d 375 (Mo. 1970). · cites it 3× “An appeal was sought from an order of the county zoning authority as provided by Section 64.660. This section, although detailing much of the procediire to be followed, had no time limit on asking for judicial review.”

State Ex Rel. J. S. Alberici, Inc. v. City of Fenton, 576 S.W.2d 574 (Mo. Ct. App. 1979). · cites it 2× “1973), where the statutory procedure for review of county zoning matters was set out in § 64.660 RSMo.1969 and the court ruled that declaratory judgments *578 which are authorized under both § 536.”

Show all 27 citing cases →

— Mo. Rev. Stat. § 64.660(1) — 1 case

Cnty. of Platte v. Chipman, 512 S.W.2d 199 (Mo. Ct. App. 1974).

— Mo. Rev. Stat. § 64.660(2) — 3 cases

Reifschneider v. City of Des Peres Pub. Saf. Comm'n, 776 S.W.2d 1 (Mo. 1989).

State Ex Rel. Cass Cnty. v. Dandurand, 759 S.W.2d 603 (Mo. Ct. App. 1988).

Cnty. of Platte v. Chipman, 512 S.W.2d 199 (Mo. Ct. App. 1974).

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