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SECOND REGULAR SESSION
SENATE BILL NO. 1774
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR GREGORY (21).
7348S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 64, RSMo, by adding thereto one new section relating to zoning regulations for
certain manufactured housing, with an emergency 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 1
one new section, to be known as section 64.296, to read as 2
follows:3
64.296. 1. As used in this section, the following 1
words and terms shall mean: 2
(1) "Discriminatory land use policy", any zoning 3
ordinance, building code requirements, land use ordinance, 4
development regulation, or other policy that has the effect 5
of limiting or prohibiting the placement of manufactured 6
housing without a reasonable and substantial public interest 7
justification; 8
(2) "Local government", any county, city, town, 9
village, or other political subdivision with zoning or land 10
use authority; 11
(3) "Modular home", a transportable building unit 12
designed to be used by itself or to be incorporated with 13
similar units at a point-of-use into a modular structure to 14
be used for residential purposes, built to International 15
Residential Code (IRC code), and certified by the Missouri 16
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public service commission as being built in accordance with 17
the 2021 IRC code; 18
(4) "Permanent foundation", a system of supports that 19
is: 20
(a) Capable of transferring, without failure, into 21
soil or bedrock, the maximum design load imposed by or upon 22
the structure and complies with the manufacturer's install 23
manual; or 24
(b) Certified by licensed professional engineer under 25
chapter 327, designed for the home; 26
(5) "Qualified manufactured home", a manufactured home 27
that meets all of the following criteria: 28
(a) Is manufactured on a date not to exceed five years 29
prior to the date of installation and has removed all parts 30
that operate only during transport; 31
(b) Is affixed to a permanent foundation, connected to 32
the appropriate facilities, and is installed in compliance 33
with section 700.653; 34
(c) Has a width of at least twenty feet at its 35
smallest width measurement or is two stories in height and 36
oriented on the lot or parcel so that its main entrance door 37
faces the street; 38
(d) Has a minimum total living area of nine hundred 39
square feet; 40
(e) The foundation enclosure on any qualified 41
manufactured home shall be a minimum of a block wall or 42
similar masonry enclosure; and 43
(f) Is a home built to the standards of the National 44
Manufactured Housing Construction and Safety Standards Act 45
of 1974, 42 U.S.C. 5401 et seq., as amended. 46
2. (1) A local government shall not adopt or enforce 47
any zoning ordinance or land use regulation that: 48
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(a) Outright bans either modular homes or qualified 49
manufactured homes in residential zones where other single- 50
family housing is permitted; 51
(b) Imposes requirements on modular homes or 52
manufactured homes that are more restrictive than those 53
imposed on site-built homes, including, but not limited to, 54
lot size, setback, appearance, foundation, or age 55
restrictions; 56
(c) Unreasonably limits the replacement of existing 57
manufactured homes with new ones; 58
(d) Requires special permits or variances for modular 59
homes or qualified manufactured homes that are not required 60
for comparable site-built housing; or 61
(e) Requires a perimeter foundation system for a 62
modular home or qualified manufactured home that is 63
incompatible with the structural design of the home. 64
(2) Nothing in this subsection shall prohibit 65
reasonable regulations related to health and safety, 66
provided such regulations do not create undue burdens 67
specific to modular homes or qualified manufactured homes. 68
3. Any local government may adopt and enforce, as a 69
part of its zoning regulations, compatibility standards 70
governing the placement of modular homes or qualified 71
manufactured homes in residential zones within the local 72
government's jurisdiction. Compatibility standards shall be 73
adopted, amended, and enforced in the same manner as other 74
zoning regulations and shall be in addition to any zoning 75
regulations that are generally applicable to single-family 76
residences. Any architectural compatibility standards 77
applied to modular homes or qualified manufactured homes 78
shall be equivalent to, and not more stringent than, those 79
standards applied to other single-family residential 80
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structures in the same zone. No compatibility standard 81
shall be adopted or enforced if such standard is not also 82
required for all other new site-built, single-family 83
residential construction within the same zone. Nothing in 84
this section shall be construed as limiting in any way the 85
authority of local governments to adopt regulations designed 86
to protect historic properties or historic districts. 87
Nothing in this section shall be construed as limiting in 88
any way the authority of private citizens to construct 89
additional requirements through homeowner associations, or 90
placing additional covenants or restrictions on private land. 91
4. Any zoning regulation, ordinance, or requirement 92
that violates this section is void and unenforceable. 93
5. If any provision of this section or its application 94
is found to be invalid, such invalidity shall not affect the 95
remaining provisions or applications of this section, which 96
shall remain in full force and effect. 97
Section B. Because of the urgent need of the residents 1
of Missouri to have fair and equitable zoning regulations 2
for modular and manufactured homes, section A of this act is 3
deemed necessary for the immediate preservation of the 4
public health, welfare, peace, and safety, and is hereby 5
declared to be an emergency act within the meaning of the 6
constitution, and section A of this act shall be in full 7
force and effect upon its passage and approval. 8
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