64.800. Creation of county planning commission — election. — 1. The county commission of any county of the first class not having a charter form of government, or of any county of the second, third or fourth class may, after approval by vote of the people of the county, create a county planning commission to prepare a county plan for all areas of the county outside the corporate limits of any city, town or village which has adopted a city plan in accordance with the laws of this state.
2. The county commission may make an order to present to the voters of the county the question for the establishment of county planning.
3. The question shall be submitted in substantially the following form:
Shall county planning be adopted?
4. If a majority of the votes cast on the question be in favor of county planning, the county commission shall create by order entered of record a county planning commission to proceed with a program of county planning as provided in sections 64.800 to 64.840.
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1980–2022 · leading case:
Gash v. Lafayette Cnty., 245 S.W.3d 229 (Mo. 2008).
Gash v. Lafayette Cnty., 245 S.W.3d 229 (Mo. 2008).
· cites it 3× “727 or, alternatively, sections 64.800 through 64.905. From the face of the enabling acts, only sections 64.”
State ex rel. Forget v. Franklin Cnty. Plan. & Zoning Comm'n, 809 S.W.2d 430 (Mo. Ct. App. 1991).
· cites it 8× “As plat 4 related to a subdivision of land under the regulations passed pursuant to RSMo § 64.825 (1986), the plat could not be recorded with the county recorder’s office absent its approval by the County Planning and Zoning Commission.”
State ex rel. Rybolt v. Easley, 600 S.W.2d 601 (Mo. Ct. App. 1980).
· cites it 5× “Nothing in sections 64.800 to 64.905 shall affect the recovery of natural resources by strip or open cut mining; provided, that commercial structures shall be permitted in all districts except those zoned for residential or recreational use.”
Deffenbaugh Indus., Inc. v. Potts, 802 S.W.2d 520 (Mo. Ct. App. 1990).
“That provision is for judicial review of decisions of a board of zoning adjustment appointed by a county commission of any noncharter county under the alternative county planning and zoning enactment, §§ 64.800 to 64.905. 6 . The scope of review § 536.”
StopAquila. Org v. Aquila, Inc., 180 S.W.3d 24 (Mo. Ct. App. 2005).
“s, to conserve and protect property and building values, to secure the most economical use of the land and to facilitate the adequate provision of public improvements all in accordance with a comprehensive plan, the county commission in all counties of the first class not having…”
Earls v. Majestic Pointe Ltd., 949 S.W.2d 239 (Mo. Ct. App. 1997).
“Taney County, a third-class county, adopted county zoning and planning under the provisions of§ 64.800 to § 64.905. . Section 64.660 applies to planning and zoning in second- and third-class counties.”
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