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Cass County, MO Accessory Structures: ADU Rental Restrictions (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Rent restriction
no rent may be charged
Size cap
900 square feet
Occupancy limit
not more than 2 adults
Permit required
Special Use Permit from Board of Zoning Adjustment
Eligible districts
Agricultural, Rural Residential, Rural-Suburban

Summary

Cass County allows a small accessory 'transitional' dwelling for family members needing care, but the Zoning Order flatly bars charging rent for it. The unit is capped at 900 square feet, needs a Special Use Permit from the Board of Zoning Adjustment, and cannot carry its own mailing address.

These county ordinances apply to unincorporated areas of Cass County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

DWELLING, TRANSITIONAL A single-family accessory dwelling, attached or adjacent to the principal dwelling on the parcel, occupied temporarily by not more than two (2) adult individuals, who, due to human frailty, are in the care and custody of the residents of the principal residence. The intent of this temporary use is to accommodate transitional living needs of family members, and not to provide for caretaking facilities. As such, the transitional living dwelling shall not have a separate mailing address, may contain housekeeping facilities limited to a single bath and one (1) kitchen. Rent may not be charged for this facility.

Full Breakdown

050 of the Zoning Order defines DWELLING, TRANSITIONAL as a single-family accessory dwelling, attached or adjacent to the principal dwelling on the parcel, occupied temporarily by not more than two adult individuals who, due to human frailty, are in the care and custody of the residents of the principal residence. The definition states the intent is to accommodate transitional living needs of family members, not to provide caretaking facilities, and it directly prohibits charging rent for the unit. The unit may contain housekeeping facilities limited to a single bath and one kitchen, and it cannot have a separate mailing address from the principal residence.

030 separately caps this transitional living dwelling at nine hundred square feet and permits it only on a conforming lot zoned Agricultural, Rural Residential, or Rural-Suburban, and only through a Special Use Permit; the duration of the permit is set by the Board of Zoning Adjustment under the regulations issued by the Zoning Department. Because the county's definition ties the entire use to unpaid, family caretaking arrangements, a property owner cannot convert this accessory dwelling into a rented apartment or short-term rental without losing its transitional-dwelling status and the permit that allows it.

Violations & Fines

Charging rent on a transitional dwelling, or using it outside the family-caretaking purpose the Special Use Permit was granted for, is a Zoning Order violation enforceable by the Zoning Enforcement Officer. Notice and a ten-day correction period apply before referral to County or Circuit Court, where fines up to $1,000 per day and misdemeanor liability can follow under Section 400.030.

Frequently Asked Questions

Can I rent out a transitional dwelling on my Cass County property?
No. Section 400.050 of the Zoning Order defines the transitional dwelling as a family-caretaking accommodation and states directly that rent may not be charged for the facility. It is meant for family members in the care and custody of the principal residence's occupants, not as rental housing.
How big can an accessory transitional dwelling be?
No larger than nine hundred square feet in plan area, per Section 400.030, and it is only allowed on conforming lots zoned Agricultural, Rural Residential, or Rural-Suburban with a Special Use Permit issued by the Board of Zoning Adjustment.
Does the transitional dwelling need its own address?
No. Section 400.050 specifically bars the unit from having a separate mailing address, and limits its housekeeping facilities to a single bath and one kitchen, reinforcing that it functions as part of the principal household rather than an independent rental unit.

Sources & Official References

Other rules in Cass County

All Cass County rules

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