Effective - 04 Mar 1991
64.890. Building and land use restrictions — exemptions — limitations on use of powers. — 1. Nothing in sections 64.800 to 64.905 shall affect the recovery of natural resources by strip or open-cut mining; provided, that commercial structures shall be permitted in all districts except those zoned for residential or recreational use.
2. The provisions of this section shall not apply to the incorporated portions of the counties, nor to the raising of crops, livestock, orchards or forestry nor to seasonal or temporary impoundments used for rice farming or flood irrigation. As used in this section, the term "rice farming or flood irrigation" means small berms of no more than eighteen inches high that are placed around a field to hold water for use for growing rice or for flood irrigation. This section shall not apply to the erection, maintenance, repair, alteration or extension of farm buildings or farm structures used for such purposes in an area not within the area shown on the flood hazard area map. This section shall not apply to underground mining where entrance is through an existing shaft or shafts or through a shaft or shafts not within the area shown on the flood hazard area map. The powers granted by sections 64.800 to 64.845 and 64.850 to 64.880 shall not be construed:
(1) So as to deprive the owner, lessee or tenant of any existing property of its use or maintenance for the purpose to which it is then lawfully devoted;
(2) So as to deprive any court of the power of determining the reasonableness of regulations and powers in any action brought in any court affecting the provisions of sections 64.800 to 64.905 or the rules and regulations adopted thereunder;
(3) Nor to authorize interference with the public utility services as may have been or may hereafter be authorized or ordered by the public service commission or by permit of the county commission, as the case may be.
3. Nothing contained in sections 64.800 to 64.905 shall affect the existence or validity of an ordinance or order which a county has adopted prior to March 4, 1991.
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(L. 1965 p. 178 § 19, A.L. 1991 H.B. 72)
Effective 3-04-91
(1980) Statute permitting commercial structures in all districts except residential use or recreational use districts was limited to commercial structures attending to strip or open-cut mining operations and had no general application to commercial structures. State ex rel. Rybolt v. Easley (A.), 600 S.W.2d 601.
Structure Missouri Revised Statutes
Title VI - County, Township and Political Subdivision Government
Chapter 64 - County Planning — Zoning — Recreation — Natural Streams and Waterways
Section 64.001 - Drainage and levee districts subject to flood plain management, when.
Section 64.002 - Sawmill or planing mill included in agricultural or horticultural classification.
Section 64.008 - Home-based work — limitation on zoning restrictions.
Section 64.010 - County planning commission authorized (first class charter counties).
Section 64.030 - Planning commission — rules — employees — contracts (certain first class counties).
Section 64.050 - Approval of improvements (certain first class counties).
Section 64.060 - Regulations governing subdivision of land — bond (certain first class counties).
Section 64.070 - Approval of plats (certain first class counties).
Section 64.110 - Further regulation of districts — hearing — order (first class counties).
Section 64.130 - Regulations shall govern, when (first class counties).
Section 64.140 - Amendment of regulations — protests (certain first class counties).
Section 64.150 - Enforcement officer — duties (first class counties).
Section 64.160 - Violation a misdemeanor (first class counties).
Section 64.190 - Building commission — powers — exception (first and second class counties).
Section 64.196 - Nationally recognized building code adopted, when.
Section 64.200 - Violation a misdemeanor (first and second class counties).
Section 64.205 - Applicability of sections 64.170 to 64.200 (first and second class counties).
Section 64.211 - Creation of county planning board — election — ballot form.
Section 64.212 - Termination of county planning, election — ballot form.
Section 64.221 - Planning board, rules of procedure — records (noncharter first class counties).
Section 64.261 - Zoning districts, creation, regulations (noncharter first class counties).
Section 64.330 - Board of park commissioners — appointment — duties (first class counties).
Section 64.360 - Recreational lands — powers of county commissions (second class counties).
Section 64.450 - County parks — acquisition and maintenance.
Section 64.451 - County parks, taxes for establishment and maintenance — levy and collection.
Section 64.463 - Dumping in unlicensed area prohibited.
Section 64.467 - Application for dumping ground fee.
Section 64.473 - Revocation of license, notice and hearing.
Section 64.480 - Law not applicable, when.
Section 64.483 - Law inoperative until county commission orders — notice and hearing.
Section 64.487 - Violation of law, misdemeanor.
Section 64.490 - Second, third and fourth class counties authorized to operate dumping grounds.
Section 64.580 - Regulations governing subdivision of land — bond (second and third class counties).
Section 64.590 - Approval of plats (second and third class counties).
Section 64.600 - Setback lines on major highways (second and third class counties).
Section 64.670 - Amendment of regulations — hearings — protests (second and third class counties).
Section 64.680 - Regulations to supersede laws or ordinances (second and third class counties).
Section 64.800 - Creation of county planning commission — election.
Section 64.805 - County planning commission — members — terms — expenses — chairman.
Section 64.815 - Master plan of county — contents — hearings — adoption.
Section 64.825 - Regulation of subdivisions in unincorporated areas — procedure — bonds.
Section 64.830 - Approval of plats.
Section 64.835 - Setback line on major highways.
Section 64.840 - Powers of board of adjustment — hearing on regulations on setback lines.
Section 64.845 - Creation of county zoning program — election.
Section 64.850 - County commission may prescribe zoning regulations.
Section 64.863 - Plan or regulations not to be changed without notice and hearing.
Section 64.865 - Enforcement officer — buildings subject to his approval.
Section 64.875 - Amendment of regulations — hearings — protests.
Section 64.880 - Zoning regulations to prevail over other laws, regulations.
Section 64.885 - Creation of county planning and zoning program — election.
Section 64.890 - Building and land use restrictions — exemptions — limitations on use of powers.
Section 64.895 - Violations constitute misdemeanors — enforcement of zoning regulations.
Section 64.900 - Termination or continuation of county planning, zoning — election.
Section 64.906 - Clay County planning and zoning commission, rulemaking authority.
Section 64.920 - County sports complex authority authorized.
Section 64.930 - Sports complex commissioners — terms — vacancies — compensation and expenses.
Section 64.940 - Powers of the authority.
Section 64.950 - Law not to impair powers of other political subdivisions — annual report.