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SECOND REGULAR SESSION
HOUSE BILL NO. 3230
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE HARDWICK.
71 14H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 64, RSMo, by adding thereto one new section relating to zoning regulations
for certain manufactured housing, with an emer gency clause.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 64, RSMo, is amended by adding thereto one new section, to be
2 known as section 64.296, to read as follows:
64.296 . 1. As used in this section, the following words and terms shall mean:
2 (1) "Discriminatory land use policy", any zoning ordinance, building code
3 r equir ements, land use ordinance, development regu lation, or other policy that has the
4 effect of limiting or pr ohibiting the placement of manufactur ed housing without a
5 r easonable and substantial public inter est justification;
6 (2) "Local government", any county , city , town, village, or other political
7 subdivision with zoning or land use authority;
8 (3) "Modular home", a transportable building unit designed to be used by itself
9 or to be incorporated with similar units at a point-of-use into a modular structure to be
10 used for r esidential purposes, built to International Residential Code (IRC code), and
11 certified by the Missouri public service commission as being built in accordance with the
12 2021 IRC code;
13 (4) "Permanent foundation", a system of supports that is:
14 (a) Capable of transferring, without failur e, into soil or bedr ock, the maximum
15 design load imposed by or upon the structur e and complies with the manufactur er's
16 install manual; or
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 (b) Certified by licensed pro fessional engineer under chapter 327, designed for
18 the home;
19 (5) "Qualified manufactur ed home", a manufactur ed home that meets all of the
20 following criteria:
21 (a) Is manufactur ed on a date not to exceed five years prior to the date of
22 installation and has rem oved all parts that operate only during transport;
23 (b) Is affixed to a permanent foundation and is connected to the appr opriate
24 facilities and is installed in compliance with section 700.653;
25 (c) Has a width of at least twenty feet at its smallest width measur ement or is two
26 stories in height and oriented on the lot or parcel so that its main entrance door faces the
27 str eet;
28 (d) Has a minimum total living are a of nine hundred square feet;
29 (e) The foundation enclosur e on any qualified manufactur ed home shall be a
30 minimum of a block wall or similar masonry enclosur e; and
31 (f) Is a home built to the standards of the National Manufactur ed Housing
32 Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., as amended.
33 2. (1) A local government shall not adopt or enforce any zoning ordinance or
34 land use r egulation that:
35 (a) Outright bans either modular homes or qualified manufactur ed homes in
36 r esidential zones wher e other single-family housing is permitted;
37 (b) Imposes r equir ements on modular homes or manufactur ed homes that are
38 mor e res trictive than those imposed on site-built homes, including but not limited to lot
39 size, setback, appearance, foundation, or age r estrictions;
40 (c) Unr easonably limits the repl acement of existing manufactur ed homes with
41 new ones;
42 (d) Require s special permits or variances for modular homes or qualified
43 manufactur ed homes that are not req uired for comparable site-built housing; or
44 (e) Requires a perimeter foundation system for a modular home or qualified
45 manufactur ed home that is incompatible with the structural design of the home.
46 (2) Nothing in this subsection shall pr ohibit rea sonable re gulations rela ted to
47 health and safety , pr ovided such regul ations do not cre ate undue burdens specific to
48 modular homes or qualified manufactur ed homes.
49 3. Any local government may adopt and enforce, as a part of its zoning
50 r egulations, compatibility standards governing the placement of modular homes or
51 qualified manufactur ed homes in r esidential zones within the local government's
52 jurisdiction. Compatibility standards shall be adopted, amended, and enforced in the
53 same manner as other zoning re gulations and shall be in addition to any zoning
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54 r egulations that are generally applicable to single-family res idences. Any ar chitectural
55 compatibility standards applied to modular homes or qualified manufactur ed homes
56 shall be equivalent to, and not mor e stringent than, those standards applied to other
57 single-family res idential structures in the same zone. No compatibility standard shall be
58 adopted or enfor ced if such standard is not also req uired for all other new site-built,
59 single-family res idential construction within the same zone. Nothing in this section shall
60 be construed as limiting in any way the authority of local governments to adopt
61 r egulations designed to pro tect historic pr operties or historic districts. Nothing in this
62 section shall be construed as limiting in any way the authority of private citizens to
63 construct additional req uiremen ts thr ough homeowner associations, or placing
6 4 additional covenants or res trictions on private land.
65 4. Any zoning r egulation, ordinance, or req uiremen t that violates this section is
66 void and unenfor ceable.
67 5. If any pro vision of this section or its application is found to be invalid, such
68 invalidity shall not affect the rem aining pr ovisions or applications of this section, which
69 shall r emain in full for ce and effect.
Section B. Because of the ur gent need of the residents of Missouri to have fair and
2 equitable zoning regulations for modular and manufactured homes, section A of this act is
3 deemed necessary for the immediate preservation of the public health, welfare, peace, and
4 safety , and is hereby declared to be an emer gency act within the meaning of the constitution,
5 and section A of this act shall be in full force and effect upon its passage and approval.
✔
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