HB 3230

                                 SECOND REGULAR SESSION
                    HOUSE BILL NO. 3230
                           103RD GENERAL ASSEMBLY
                         INTRODUCED BY REPRESENTATIVE HARDWICK.
 7114H.01I  JOSEPH ENGLER, Chief Clerk
                                            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 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 requirements, land use ordinance, development regulation, or other policy that has the
4 effect of limiting or prohibiting the placement of manufactured housing without a
5 reasonable and substantial public interest 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 residential 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 failure, into soil or bedrock, the maximum
15 design load imposed by or upon the structure and complies with the manufacturer's
16 install manual; or
 EXPLANATION — 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.
HB 3230  2
17(b) Certified by licensed professional engineer under chapter 327, designed for
18 the home;
19(5) "Qualified manufactured home", a manufactured home that meets all of the
20 following criteria:
21(a) Is manufactured on a date not to exceed five years prior to the date of
22 installation and has removed all parts that operate only during transport;
23(b) Is affixed to a permanent foundation and is connected to the appropriate
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 measurement or is two
26 stories in height and oriented on the lot or parcel so that its main entrance door faces the
27 street;
28(d) Has a minimum total living area of nine hundred square feet;
29(e) The foundation enclosure on any qualified manufactured home shall be a
30 minimum of a block wall or similar masonry enclosure; and
31(f) Is a home built to the standards of the National Manufactured Housing
32 Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., as amended.
332. (1) A local government shall not adopt or enforce any zoning ordinance or
34 land use regulation that:
35(a) Outright bans either modular homes or qualified manufactured homes in
36 residential zones where other single-family housing is permitted;
37(b) Imposes requirements on modular homes or manufactured homes that are
38 more restrictive than those imposed on site-built homes, including but not limited to lot
39 size, setback, appearance, foundation, or age restrictions;
40(c) Unreasonably limits the replacement of existing manufactured homes with
41 new ones;
42(d) Requires special permits or variances for modular homes or qualified
43 manufactured homes that are not required for comparable site-built housing; or
44(e) Requires a perimeter foundation system for a modular home or qualified
45 manufactured home that is incompatible with the structural design of the home.
46(2) Nothing in this subsection shall prohibit reasonable regulations related to
47 health and safety, provided such regulations do not create undue burdens specific to
48 modular homes or qualified manufactured homes.
493. Any local government may adopt and enforce, as a part of its zoning
50 regulations, compatibility standards governing the placement of modular homes or
51 qualified manufactured homes in residential zones within the local government's
52 jurisdiction. Compatibility standards shall be adopted, amended, and enforced in the
53 same manner as other zoning regulations and shall be in addition to any zoning
HB 3230  3
54 regulations that are generally applicable to single-family residences. Any architectural
55 compatibility standards applied to modular homes or qualified manufactured homes
56 shall be equivalent to, and not more stringent than, those standards applied to other
57 single-family residential structures in the same zone. No compatibility standard shall be
58 adopted or enforced if such standard is not also required for all other new site-built,
59 single-family residential 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 regulations designed to protect historic properties 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 requirements through homeowner associations, or placing
64 additional covenants or restrictions on private land.
654. Any zoning regulation, ordinance, or requirement that violates this section is
66 void and unenforceable.
675. If any provision of this section or its application is found to be invalid, such
68 invalidity shall not affect the remaining provisions or applications of this section, which
69 shall remain in full force and effect.
         Section B. Because of the urgent 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 emergency 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.
                                              ✔