89.040. Purpose of regulations. — Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to preserve features of historical significance; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the values of buildings and encouraging the most appropriate use of land throughout such municipality.
Notes of Decisions
Carl & Janice Duffner v. City of St. Peters, 482 S.W.3d 811 (Mo. Ct. App. 2016).
· cites it 8× “Section 89.040 then goes on. to explain the permissible purposes of any regulations the City may enact in exercise of its police power, and includes such things as lessening congestion in ■ streets, 'securing safety from fire and other dangers, promoting health and general…”
Strandberg v. Kansas City, 415 S.W.2d 737 (Mo. 1967).
· cites it 10× “One is whether the ordinance is contrary to § 89.040, RSMo 1959, V.A.M.S., as amended Laws 1959, H.”
The Lamar Co., LLC v. City of Columbia, Missouri, 512 S.W.3d 774 (Mo. Ct. App. 2016).
· cites it 4× “040 grants municipal legislative bodies the authority to enact regulations for any number of specified purposes, including, without limitation, “to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue…”
State ex rel. Chiavola v. Vill. of Oakwood, 931 S.W.2d 819 (Mo. Ct. App. 1996).
· cites it 10× “Chiavola I came to this court on a summary judgment motion which ruled the Village of Oakwood (Oakwood) zoning scheme was unconstitutional.”
State Ex Rel. Chiavola v. Vill. of Oakwood, 886 S.W.2d 74 (Mo. Ct. App. 1994).
· cites it 9× “10) of the Village of Oakwood (Oakwood), which allows only single family residential usage in Oakwood: (1) is unconstitutional on due process grounds; and (2) as being infirm because Oakwood failed to develop a comprehensive plan under § 89.040, RSMo 1986. The Appellant,…”
City of Moline Acres v. Heidbreder, 367 S.W.2d 568 (Mo. 1963).
· cites it 5× “1939, § 7413)” Section 89.040 provides: “Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate…”
Erigan Co., Inc. v. Town of Grantwood Vill., 632 S.W.2d 495 (Mo. Ct. App. 1982).
· cites it 3× “Such ordinances are to “be made with reasonable consideration, among other things, to the character of the district _” Section 89.040, RSMo 1978. The Board of Trustees is thus empowered to zone so as to preserve the Town’s residential character.”
State Ex Rel. Stoyanoff v. Berkeley, 458 S.W.2d 305 (Mo. 1970).
· cites it 5× “” Section 89.040 provides: “Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air;…”
City of St. Charles v. DeVault Mgmt., 959 S.W.2d 815 (Mo. Ct. App. 1997).
· cites it 4× “City also argues that Section 89.040 provides that zoning is part of a municipality’s comprehensive plan.”
City of Kansas City v. Kindle, 446 S.W.2d 807 (Mo. 1969).
· cites it 4× “The declared purposes and objectives of the ordinance and its principal provisions correspond with several of the purposes and objectives of municipal zoning as set forth in § 89.040, RSMo 1959, V.A.M.S., to-wit: “* * * to promote health and the general welfare; to provide…”
McDermott v. Vill. of Calverton Park, 454 S.W.2d 577 (Mo. 1970).
· cites it 3× “Moreover, § 89.040 provides that the zoning should be “designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid…”
Schmitt v. City of Hazelwood, 487 S.W.2d 882 (Mo. Ct. App. 1972).
· cites it 2× “Section 89.040 V.A.M.S.—“Such regulations shall be made in accordance with the comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers ; to promote health and the general welfare; to provide adequate light and…”
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