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SECOND REGULAR SESSION
HOUSE BILL NO. 2991
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE EAL Y .
6440H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 66, RSMo, by adding thereto one new section relating to mixed-use and
multifamily residential developments.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 66, RSMo, is amended by adding thereto one new section, to be
2 known as section 66.451, to read as follows:
66.451. 1. As used in this section, the following terms mean:
2 (1) "County", a county with a charter form of government and with mor e than
3 seven hundr ed thousand inhabitants;
4 (2) "Heavy industrial use", a storage, process ing, or manufacturing use:
5 (a) With process es using flammable or explosive materials;
6 (b) With hazardous conditions; or
7 (c) That is noxious or offensive fr om odors, smoke, noise, fumes, or vibrations;
8 (3) "Housing organization", a:
9 (a) T rade or industry grou p organized under the laws of this state consisting of
10 local members primarily engaged in the construction or management of housing units;
11 (b) Nonpr ofit organization organized under the laws of this state that:
12 a. Pr ovides or advocates for incr eased access or reduc ed barriers to housing;
13 and
14 b. Has filed written or oral comments with the general assembly; or
15 (c) Nonpr ofit organization that is engaged in public policy res earc h, education,
16 and outreach that includes housing policy-r elated issues and advocacy;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 (4) "Mixed-use r esidential", when used to describe land use or development, the
18 use or development, as applicable, of a site consisting of res idential and nonr esidential
19 uses in which the res idential uses are at least sixty-five per cent of the total squar e
20 footage of the development. The term includes, but is not limited to, the use or
21 development of a condominium;
22 (5) "Multifamily r esidential", when used to describe land use or development,
23 the use or development, as applicable, of a site for thr ee or mor e dwelling units within
24 one or mor e buildings. The term includes, but is not limited to, the use or development
25 of a r esidential condominium.
26 2. This section shall not be construed to affect the authority of a municipality
27 within a county to:
28 (1) Apply the municipality's regu lations on short-term rent al units to a mixed-
29 use res idential or multifamily res idential development;
30 (2) Adopt or enforce water quality pr otection regul ations to implement or
31 comply with water quality req uirements under state or federal law;
32 (3) Adopt or enforce a density bonus progra m or other voluntary pr ogram that
33 allows for site development standards that are less res trictive than the standards
34 described by this section; or
35 (4) Apply the following r egulations that are generally applicable to other
36 developments in the municipality:
37 (a) Except as otherwise prov ided by this chapter:
38 a. Sewer and water access r equir ements; or
39 b. Building codes;
40 (b) Storm water mitigation requ irem ents; or
41 (c) Regulations r elated to historic preservat ion including, but not limited to,
42 pr otecting historic landmarks or prop erty in the boundaries of a local historic district.
43 3. (1) Notwithstanding any other provi sion of law to the contrary , a municipality
44 in a county shall allow mixed-use res idential use and development or multifamily
45 r esidential use and development in a zoning classification that allows office, commer cial,
46 r etail, war ehouse, or mixed-use use or development as an allowed use under the
47 classification.
48 (2) Notwithstanding any other prov ision of law to the contrary , a municipality in
49 a county shall not r equir e the change of a zoning district or land use classification or
50 r egulation or an appr oval of an amendment, exception, or variance to a zoning district
51 or land use classification or re gulation prior to allowing a mixed-use res idential use or
52 development or multifamily res idential use or development in an are a cover ed by a
53 zoning classification described by subdivision (1) of this subsection. An amendment,
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54 exception, or variance to a zoning district or land use classification or regu lation
55 includes, but is not limited to, a special exception, zoning variance, site development
56 variance, subdivision variance, conditional use approv al, special use permit,
5 7 compr ehensive plan amendment, or other discr etionary appr oval to allow a mixed-
58 use res idential use or development or multifamily r esidential use or development.
59 (3) This section does not apply to:
60 (a) A zoning classification that allows heavy industrial use;
61 (b) Land located within:
62 a. One thousand feet of an existing heavy industrial use or development site; or
63 b. Three thousand feet of an airport or military base; or
64 (c) An area designated by a municipality in a county as a clear zone or accident
65 potential zone.
66 4. (1) Notwithstanding any other provi sion of law to the contrary , a municipality
67 in a county shall not adopt or enforce an ordinance, zoning res triction, or other
68 r egulation that:
69 (a) Imposes on a mixed-use res idential or multifamily res idential development:
70 a. A limit on density that is mor e res trictive than the grea ter of:
71 (i) The highest res idential density allowed in the municipality; or
72 (ii) Thirty-six units per acre ;
73 b. A limit on building height that is mor e res trictive than the great er of:
74 (i) The highest height that would apply to an office, commer cial, r etail, or
75 war ehouse development constructed on the site; or
76 (ii) Forty-five feet; or
77 c. A setback or buffer r equir ement that is mor e res trictive than the lesser of:
78 (i) A setback or buffer requ irem ent that would apply to an office, commer cial,
79 r etail, or war ehouse development constructed on the site; or
80 (ii) T wenty-five feet;
81 (b) Requires a mixed-use r esidential or multifamily res idential development to
82 pr ovide:
83 a. More than one parking space per dwelling unit; or
84 b. A multilevel parking structur e;
85 (c) Restricts the ratio of the total building floor area of a mixed-use res idential or
86 multifamily res idential development in rel ation to the lot ar ea of the development; or
87 (d) Requires a multifamily resi dential development not located in an area zoned
88 for mixed-use res idential use to contain nonr esidential uses.
89 (2) Notwithstanding any other pr ovision of law to the contrary , if a municipal
90 authority res ponsible for appr oving a building permit or other authorization r equir ed
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91 for the construction of a mixed-use res idential or multifamily res idential development
92 determines that a prop osed development meets municipal land development reg ulations
93 in accordance with this section, the municipal authority:
94 (a) Shall administratively appr ove the permit or other authorization; and
95 (b) Shall not r equir e further action by the governing body of the municipality
96 for the appr oval to take effect.
97 5. (1) This subsection applies only to a building or the structural components of
98 the building that:
99 (a) Are being used for office, ret ail, or wareh ouse use;
100 (b) Are prop osed to be converted fr om nonr esidential occupancy to mixed-use
101 r esidential or multifamily r esidential occupancy for at least sixty-five per cent of the
102 building and at least sixty-five per cent of each floor of the building that is fit for
103 occupancy; and
104 (c) W er e constructed at least five years before the pr oposed date to start the
105 conversion.
106 (2) Notwithstanding any other prov ision of law to the contrary , a municipality in
107 a county shall not, in connection with the use, development, construction, or occupancy
108 of a building pro posed to be converted to mixed-use r esidential or multifamily
109 r esidential use, r equir e:
110 (a) The prep aration of a traffic impact analysis or other study rel ating to the
111 effect the pr oposed converted building would have on traffic or traffic operations;
112 (b) The construction of improve ments or payment of a fee in connection with
113 mitigating traffic effects r elated to the prop osed converted building;
114 (c) The prov ision of additional parking spaces, other than the parking spaces
115 that alr eady exist on the site of the prop osed converted building;
116 (d) The extension, upgrade, repla cement, or oversizing of a utility facility except
117 as necessary to prov ide the minimum capacity needed to serve the pr oposed converted
118 building; or
119 (e) A design requ irem ent including, but not limited to, a requ irem ent re lated to
120 the exterior , windows, internal enviro nment of a building, or interior space dimensions
121 of an apartment that is mor e res trictive than the applicable minimum standard under
122 the International Building Code as adopted as a municipal commer cial building code by
123 such municipality .
124 (3) Notwithstanding any other prov ision of law to the contrary , a municipality in
125 a county shall not impose an impact fee on land wher e a building has been converted to
126 mixed-use r esidential or multifamily resi dential use unless the land on which the
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127 building is located was alr eady subject to an impact fee before a building permit r elated
128 to the conversion was filed with the municipality .
129 6. (1) A housing organization or other person adversely affected or aggrieved by
130 a violation of this section may bring an action for declaratory or injunctive rel ief against
131 a municipality in a county .
132 (2) The court shall award court costs and r easonable attorney's fees to a
133 claimant who pr evails in an action br ought under this section.
134 (3) Notwithstanding any other pr ovision of law to the contrary , an action
135 br ought under this section shall be br ought in a county in which all or part of the r eal
136 pr operty that is the subject of the action is located.
137 7. (1) A county or municipality in a county may enact or impose impact fees on
138 land within its corporate boundaries or extraterritorial jurisdictions only by complying
139 with this section.
140 (2) No county or municipality shall enact or impose an impact fee on land within
141 its extraterritorial jurisdiction for road way facilities.
142 8. (1) This section applies only to a mixed-use res idential or multifamily
143 r esidential development pro ject initiated on or after the effective date of this section.
144 (2) This section applies only to a building pr oposed to be converted to mixed-use
145 r esidential or multifamily res idential use in which a building permit was submitted to a
146 municipality on or after the effective date of this section.
✔
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