Current with changes from the 2024 Legislative Session
Section 71.990 - Home-based business, use of residential dwelling - limitations on restrictions by political subdivisions - reasonable regulations permitted1. As used in this section, the following terms mean:(1)"Goods", any merchandise, equipment, products, supplies, or materials;(2)"Home-based business", any business operated in a residential dwelling that manufactures, provides, or sells goods or services and that is owned and operated by the owner or tenant of the residential dwelling.2. Any person who resides in a residential dwelling may use the residential dwelling for a home-based business unless such use is restricted by: (1) Any deed restriction, covenant, or agreement restricting the use of land; or(2) Any master deed, bylaw, or other document applicable to a common-interest ownership community.3. Except as prescribed under subsection 4 of this section, a political subdivision shall not prohibit the operation of a no-impact, home-based business or otherwise require a person to apply for, register for, or obtain any permit, license, variance, or other type of prior approval from the political subdivision to operate a no-impact, home-based business. For the purposes of this section, a home-based business qualifies as a no impact, home-based business if:(1) The total number of employees and clients onsite at one time does not exceed the occupancy limit for the residential dwelling; and(2) The activities of the business: (a) Are limited to the sale of lawful goods and services;(b) May involve having more than one client on the property at one time;(c) Do not cause a substantial increase in traffic through the residential area;(d) Do not violate any parking regulations established by the political subdivision;(e) Occur inside the residential dwelling or in the yard of the residential dwelling;(f) Are not visible from the street; and(g) Do not violate any narrowly tailored regulation established under subsection 4 of this section.4. A political subdivision may establish reasonable regulations on a home-based business if the regulations are narrowly tailored for the purpose of: (1) Protecting the public health and safety, including regulations related to fire and building codes, health and sanitation, transportation or traffic control, solid or hazardous waste, pollution, and noise control; or(2) Ensuring that the business activity is compliant with state and federal law and paying applicable taxes.5. No political subdivision shall require a person, as a condition of operating a home-based business, to: (1) Rezone the property for commercial use;(2) Obtain a home-based business license; or(3) Install or equip fire sprinklers in a single-family detached residential dwelling or any residential dwelling with no more than two dwelling units.6. Whether a regulation complies with this section is a judicial question.Added by 2022 Mo. Laws, HB 1662,s A, eff. 8/28/2022.