ZONING REGULATIONS ON HOME-BASED WORK BY POLITICAL SUBDIVISIONS (Sections 64.008, 65.710, and 89.500)

The act creates new provisions governing the regulation of home-based work, as defined in the act, by certain political subdivisions. Specifically, counties, municipalities, and townships are prohibited from enacting a zoning ordinance or regulation that:

· Prohibits mail order or telephone sales for home-based work;

· Prohibits service by appointment within the home or accessory structure;

· Prohibits or requires structural modifications to the home or accessory structure;

· Restricts the hours of operation for home-based work; or

· Restricts storage or the use of equipment that does not produce effects outside the home or accessory structure.

Furthermore, any such zoning ordinance or regulation may not explicitly restrict or prohibit a particular occupation.

These provisions do not supersede any deed restriction, covenant or agreement restricting the use of land nor any master deed, by law or other document applicable to a common interest ownership community.

These provisions are identical to provisions in SCS/SB 809 (2022).

LOCAL RESTRICTIONS ON HOME-BASED BUSINESSES (Section 71.990)

This act provides that a political subdivision shall not prohibit the operation of a no-impact, home-based business or require a person to apply for any permit or license to operate such a business. However, a political subdivision may establish reasonable regulations on such businesses that are narrowly tailored for the purpose of protecting public health and ensuring the businesses are compliant with state and federal law.

ONLINE SALE OF COTTAGE FOODS (Section 196.298)

Current law prohibits the sale of cottage foods through the Internet. Under this act, such sales shall be permitted if both the cottage food production operation and the purchaser are located in Missouri. This act also modifies the definition of "cottage food production operation" by removing the annual gross income limit of $50,000 or less from the sale of certain foods for sale at the individual's home.

This act is identical to the truly agreed to and finally passed HB 1697 (2022) and HCS/HB 357 (2021) and substantially similar to HB 1348 (2020).

BUILDING CODES (Section 260.295)

No building code adopted by a political subdivision shall prohibit the use of refrigerants that are approved for use under the federal Clean Air Act.

This provision is identical to HCS/HB 2673 (2022) and substantially similar to HB 2078 (2022).

HOME INSPECTIONS (Section 436.337)

This act prohibits political subdivisions from requiring home inspections as part of the sale of residential property. This provision does not apply to inspections required for new constructions or issuance of occupancy permits, septic systems, or fire protection district life safety programs for single or multi-family dwellings.

These provisions are substantially similar to provisions in HCS/HB 1682 (2022), HB 2858 (2022), HCS/HB 2218 (2022), and provisions in HB 2593 (2022).

RESTRICTIVE COVENANTS - RENEWABLE ENERGY (Section 442.404)

This act specifies that no deed restriction, covenant, or similar binding agreement running with the land shall limit or prohibit the installation of solar panels or solar collectors, as defined in the act, on the rooftop of any property or structure.

A homeowners' association may adopt reasonable rules regarding the placement of solar panels or solar collectors to the extent those rules do not prevent the installation of the device or adversely affect its functioning, use, cost, or efficiency.

These provisions shall apply only with regard to rooftops that are owned, controlled, and maintained by the owner of the individual property or structure.

These provisions shall take effect January 1, 2023. (Section B).

These provisions are identical to provisions in HCS/SB 820 (2022), SCS/SB 249 (2021), and similar to HB 938 (2021), SB 1008 (2020), HB 2526 (2020), provisions in HCS/SS/SCS/SB 594 (2020), provisions in HCS/SS/SB 618 (2020), provisions in HCS/SB 664 (2020), and provisions in HCS/SCS/SB 725 (2020).

RESTRICTIVE COVENANTS - SALE SIGNS (Section 442.404)

This act specifies that no deed restriction, covenant, or similar binding agreement running with the land shall limit or prohibit the display of sale signs on the property of a homeowner or nearby street corners.

A homeowners' association may adopt reasonable rules regarding the time, size, place, number, and manner of display of sale signs.

A homeowners' association may remove sale signs without liability if the sign is placed within the common ground, threatens public health or safety, violates an applicable statute or ordinance, is accompanied by sound or music, or if any other materials are attached to the sale sign.

These provisions are identical to provisions in HCS/HB 1682 (2022), HB 2828 (2022), and similar to provisions in HCS/HB 2218 (2022) and HB 2593 (2022).

EVICTION MORATORIUM (Section 535.012)

This act prohibits political subdivisions from imposing or enforcing moratoriums on eviction proceedings unless specifically authorized by state law.

This provision is identical to provisions in HCS/HB 1682 (2022), HCS/HB 2218 (2022), and HB 2593 (2022).

MARY GRACE PRINGLE