Planning & Zoning - the Real Story
Questions from Friday, 10/24/97
Question: Will building permits be required for fences or structures?
His Answer: No building permits or building codes are required. This not only applies to agriculture, but it also applies to the rural residential category of zoning.
My Comment: There are two issues here, building permits and building codes. There are no building codes, but that is not to say that codes could not be imposed later. The zoning ordinance does not require permits, but that appears to be in conflict with MRS 64.865, which states that In addition, 2C on Page 14 appears to require administrative review for construction within permitted uses.
Question: Does the agricultural exemption apply to construction/alteration of buildings other than agricultural or residential (for the farmer's family or hired hands)?
His Answer: You may construct or alter any structure (house, barn, fence, for example) without obtaining a permit.
My Comment: This answer is incomplete and misleading. Buildings for uses not covered in the question are subject to zoning rules. On farms, a building for a separate business IS subject to zoning (P 10, para 5c). Buildings in all other districts are subject to zoning rules. Whether permits are required is contingent on the interpretation above.
Question: A realtor in Lafayette County told me I needed 40 acres before I could build a house. Is this true?
His Answer: No. You may build a home or put a manufactured home on as little as three acres. In the case of rural housing developments, the amount of land required might even be less than three acres if the subdivision requirements are met.
My Comment: This answer is correct and for once I have no comments.
Question: What is a C.A.F.O?
His Answer: C.A.F.O. stands for Concentrated Animal Feeding Operation. To be considered a CAFO, one would have 1,000 or more cattle in a feedlot, 25,000 or more hogs and 250,000 or more chickens. CAFOs are regulated by the Missouri Department of Natural Resources, but counties may also have restrictions. This document says a CAFO must be 5,000 feet from any church, school, public building or exiting residence. Livestock operations with less than these numbers have no restrictions in the agricultural zoning.
My Comments: Actually, the number for chickens (broilers) is 100,000, for turkeys is 55,000, laaying hens is 30,000, dairy cows is 700 and horses is 500. Animals on pasture in AG areas are unregulated. There is some question as to whether the 5,000 foot setback requirement would stand up in court; when the maximum state requirement ranges from 1,000 to 3,000 feet, depending on size.