Mo. Rev. Stat. » Chapter 89
Missouri Revised Statutes

Mo. Rev. Stat. § 89.070 (2026)

Zoning commission

✓ current as of May 2026
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  89.070.  Zoning commission — appointment — duties. — In order to avail itself of the powers conferred by sections 89.010 to 89.140, such legislative body shall appoint a commission, to be known as "The Zoning Commission", to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein.  Such commission shall make a preliminary report and hold public hearings thereon before submitting its final report and such legislative body shall not hold its public hearings or take action until it has received the final report of such commission.  Where a city plan commission already exists, it may be appointed as the zoning commission.

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(RSMo 1939 § 7417)

Prior revision: 1929 § 7264

Notes of Decisions
Cited in 11 cases, 1957–2005 · leading case: Murrell v. Wolff, 408 S.W.2d 842 (Mo. 1966).
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Murrell v. Wolff, 408 S.W.2d 842 (Mo. 1966). · cites it 10× “Preliminarily the board of aldermen by ordinance created and appointed a zoning commission pursuant to § 89.070 1 and thereafter passed *845 Zoning Ordinance No.”
State Ex Rel. Sims v. Eckhardt, 322 S.W.2d 903 (Mo. 1959). · cites it 10× “050 is general in nature and directs municipal legislative bodies to provide for the manner in which zoning regulations, restrictions' and boundaries shall be determined, established, and enforced, “and * * * from time to time" amended, supplemented or changed,” and also…”
Moore v. City of Parkville, 156 S.W.3d 384 (Mo. Ct. App. 2005). · cites it 6× “The question in Murrell was whether section 89.070 required a zoning ordinance, which amended an existing ordinance, to first have been submitted to a zoning commission for study, public hearing, and report before its enactment.”
State Ex Rel. Casey's Gen. Stores, Inc. v. City of Louisiana, 734 S.W.2d 890 (Mo. Ct. App. 1987). · cites it 5× “Casey’s then asserts that in contravention of the requirements of Section 89.070 RSMo 1986, legislative action on the ordinance was taken without submission of a final report of the zoning commission.”
City of Moline Acres v. Heidbreder, 367 S.W.2d 568 (Mo. 1963). · cites it 5× “There is nothing in the record to indicate that, prior to the adoption of the ordinance, the Trustees appointed a “Zoning Commission” as required by § 89.070, or that the procedure therein indicated was followed, i.”
State Ex Rel. Ludlow v. Guffey, 306 S.W.2d 552 (Mo. 1957). · cites it 3× “In considering the foregoing, it is important to point out that the “City Plan Commission” referred to in Section 13 is specifically provided for by Section 89.070 RSMo 1949, V.A.M.S., as the body which, if in existence, may take the place of the zoning commission, which latter…”
Dahman v. City of Ballwin, 483 S.W.2d 605 (Mo. Ct. App. 1972). · cites it 2× “Hearings were then held, pursuant to § 89.070, RSMo 1969, V.A.M.S. 1 (concerning the procedural requirements for acts of original zoning) and a final report of the zoning and planning commission was issued on October 8, 1969, recommending the adoption of the zoning…”
State Ex Rel. Chiavola v. Vill. of Oakwood, 886 S.W.2d 74 (Mo. Ct. App. 1994). · cites it 2× “140, and it shall not be necessary in such cases for the local legislative body to appoint a zoning commission as provided in section 89.070. All such ordinances shall remain in full force and effect except so far as they shall be inconsistent with the provisions of sections 89.”
State ex rel. Holiday Park, Inc. v. City of Columbia, 479 S.W.2d 422 (Mo. 1972). · cites it 3× “2d 903, at 907 (1959), this Court said: “The statutory requirements placed upon the zoning commission and the municipal legislative body by § 89.070 (we do not repeat them here) are conditions to the exercise of the powers conferred by §§ 89.”
Chesterfield Dev., Corp. v. City of Chesterfield, 758 F. Supp. 1309 (E.D. Mo. 1991). “§ 89.070 R.S.Mo. Plaintiff asserts Defendants had no authority to deny its petition for rezon *1312 ing, nor the authority to require such a petition.”
McDermott v. Vill. of Calverton Park, 447 S.W.2d 837 (Mo. Ct. App. 1969). “Defendants argue: (1) that in City of Moline Acres the ordinance there under consideration provided for only one district, whereas in the present case there are four; (2) that in City of Moline Acres no Zoning Commission had been appointed to prepare a plan, as required by §…”
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