Depending on the context in which they are encountered, the consequences of land use zoning may be viewed either as a saving grace – preserving or prospectively safeguarding the locality to similar compatible uses – or as an obstacle to overcome – hindering the development potential or use of a piece of land. Although the level of concern may vary based upon the zoning district, homeowners in residential neighborhoods have a right to be particularly sensitive to adjacent land use. Part II of this Note explores the facts of Antioch Community Church v. Board of Zoning Adjustment of City of Kansas City, a case involving a church seeking a zoning variance for a recently updated sign. Part III then provides a brief overview of the legal background of the case as well as zoning and variancesin general. Next, Part IV analyzes the court’s reasoning in the case. Lastly, Part V discusses how this case has created a stricter standard for non-use variances in Missouri and analyzes alternatives.
A Sign to Many No More: Supreme Court of Missouri Casts Away Church’s Sign Variance,
83 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol83/iss4/11