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

Mo. Rev. Stat. § 89.090 (2026)

Board of adjustment

✓ current as of May 2026
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  89.090.  Board of adjustment — powers, exception for Kansas City. — 1.  The board of adjustment shall have the following powers:

  (1)  To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of sections 89.010 to 89.140 or of any ordinance adopted pursuant to such sections;

  (2)  To hear and decide all matters referred to it or upon which it is required to pass under such ordinance;

  (3)  In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of such ordinance, to vary or modify the application of any of the regulations or provisions of such ordinance relating to the construction or alteration of buildings or structures or the use of land so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done, provided that, in any city with a population of three hundred fifty thousand or more inhabitants which is located in more than one county, the board of adjustment shall not have the power to vary or modify any ordinance relating to the use of land.

  2.  In exercising the above-mentioned powers such board may, in conformity with the provisions of sections 89.010 to 89.140, 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.  The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance except as provided in section 305.410.

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(RSMo 1939 § 7418, A.L. 1992 H.B. 1434 & 1490, A.L. 1993 S.B. 56, A.L. 1996 H.B. 956, A.L. 2008 H.B. 1888)

Prior revision: 1929 § 7265

(1955) Board of Adjustment of St. Louis held entitled to appeal from judgment reversing its order under zoning ordinance allowing use of building as funeral parlor in area otherwise zoned as four-family residential area. Cunningham v. Leimkuehler (A.), 276 S.W.2d 633.

(1957) Board of Adjustment exceeded its jurisdiction in granting a permit to build a duplex in area zoned for single family dwellings only where applicant did not show unnecessary hardship or practical difficulties, notwithstanding section on zoning allowing special permits. Wilson v. Douglas (A.), 297 S.W.2d 588.

Notes of Decisions
Cited in 43 cases (2 in the last 5 years), 1955–2023 · leading case: Antioch Cmty. Church v. Bd. of Zoning Adjustment of Kan. City, 543 S.W.3d 28 (Mo. 2018).
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Antioch Cmty. Church v. Bd. of Zoning Adjustment of Kan. City, 543 S.W.3d 28 (Mo. 2018). · cites it 11× “In applying section 89.090, this Court has held the "general rule is that the authority to grant a variance should be exercised sparingly and only under exceptional circumstances.”
Matthew v. Smith, 707 S.W.2d 411 (Mo. 1986). · cites it 10× “090, RSMo 1978, which grants the Board the "power to vary or modify the application of any of the regulations or provisions of such ordinance relating to the use, construction or alteration of buildings or structures, or the use of land" (emphasis added).”
Waeckerle v. Bd. of Zoning Adjustment, 525 S.W.2d 351 (Mo. Ct. App. 1975). · cites it 23× “The power of the Board of Zoning Adjustment to vary or modify application of requirements regarding use of land is, as recognized in intervenor’s answer, infra, contained in Section 89.090, V.A.M.S.: “1. The board of adjustment shall have the following powers: “(1) To hear and…”
Baumer v. City of Jennings, 247 S.W.3d 105 (Mo. Ct. App. 2008). · cites it 5× “The power of the Board of Adjustment to vary or modify application of requirements regarding use of land is, as recognized by both parties’ briefs, contained in Section 89.090, RSMo (2007) 1 1. The board of adjustment shall have the following powers: (1) To hear and decide…”
State Ex Rel. Sheridan v. Hudson, 400 S.W.2d 425 (Mo. Ct. App. 1966). · cites it 14× “” Section 89.090 specifies the board’s powers, including the following: “(3) In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carryout the strict letter of such ordinance, to vary or modify the application of any of the…”
Cousin's Advert., Inc. v. Bd. of Zoning Adjustment of Kansas City, 78 S.W.3d 774 (Mo. Ct. App. 2002). · cites it 4× “However, pursuant to § 89.090, 1 four favorable votes were required in each instance for the appellant to prevail.”
Wolfner v. Bd. of Adj. City of Warson Woods, 114 S.W.3d 298 (Mo. Ct. App. 2003). · cites it 9× “Subdivision 1(3) of this Section provides that a variance may be granted: [w]here there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of such ordinance, to vary or modify the application of any of the regulations or provisions of…”
HHC Med. Grp., P.C. v. City of Creve Coeur Bd. of Adjustment, 99 S.W.3d 68 (Mo. Ct. App. 2003). · cites it 2× “1 Under Section 89.090, 2 four concurring Board member votes are necessary to reverse a decision of an administrative official.”
Rosedale-Skinker Improvement Ass'n v. Bd. of Adjustment, 425 S.W.2d 929 (Mo. 1968). · cites it 3× “at page 17 states the general purpose of such provisions as follows: “Concidered as a whole, the cases disclose the twofold purpose of relieving individual owners of unnecessary harship and of protecting the zoning ordinance or regulation against attack on the ground of…”
Slate v. Boone Cnty. Bd. of Adjustment, 810 S.W.2d 361 (Mo. Ct. App. 1991). · cites it 3× “A survey of Missouri law reveals no specific definition of “peculiar and exceptional difficulties” or “exceptional and demonstrable undue hardship.”
State Ex Rel. Meyer v. Kinealy, 402 S.W.2d 1 (Mo. Ct. App. 1966). · cites it 6× “” The powers of the Board of Adjustment, specified in subdivision (4) of § 916.”
Brown v. Beuc, 384 S.W.2d 845 (Mo. Ct. App. 1964). · cites it 3× “, Section 89.090 RSMo 1959, 7 V.A.M.S., and the ordinance contains virtually the same language used in the statutory act.”
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Mo. Rev. Stat. § 89.090(3): 2 cases
Rosedale-Skinker Improvement Ass'n v. Bd. of Adjustment, 425 S.W.2d 929 (Mo. 1968). “at page 17 states the general purpose of such provisions as follows: “Concidered as a whole, the cases disclose the twofold purpose of relieving individual owners of unnecessary harship and of protecting the zoning ordinance or regulation against attack on the ground of…”
Rose v. Bd. of Zoning Adjustment Platte Cnty., 68 S.W.3d 507 (Mo. Ct. App. 2001).
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