Fulton Exceptions and exemptions ordinance (§ 66-11)

(a) Nothing in this article shall be construed to invalidate or limit any law of the state or political subdivision of the state or other jurisdiction in which this article shall be effective that requires dwellings to be designed and constructed in a manner that affords handicapped persons greater access than is required by this article.

(b) Nothing in sections 66-2, 66-3 and 66-4 requires that a dwelling be made available to a person whose tenancy would constitute a direct threat to the health or safety of other persons or whose tenancy would result in substantial physical damage to the property of others.

(c) Nothing in sections 66-2, 66-3 and 66-4 limits the applicability of any reasonable local or state restriction regarding the maximum number of occupants permitted to occupy a dwelling nor does any provision in sections 66-2, 66-3 and 66-4 regarding familial status apply with respect to housing for older persons.

(d) Housing shall not fail to meet the requirements for housing for older persons because of:

(1) Persons residing in such housing as of August 28, 1992, who do not meet the age requirements of subsections (2) and (3) of the definition of housing for older persons in section 66-1, provided that new occupants of such housing meet the age requirements of subsections (2) and (3) of the definition of housing for older persons in section 66-1; or

(2) Unoccupied units, provided that such units are reserved for occupancy by persons who meet the age requirements of subsections (2) and (3) of the definition of housing for older persons in section 66-1.

(e) Nothing in section 66-2, 66-3 or 66-4 shall prohibit conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance, as defined by RSMo 195.010.

(f) Nothing in this article shall prohibit a religious organization, association or society or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons, unless membership in such religion is restricted because of race, color or national origin. Nothing in this article shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose provides lodging which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodging to its members or from giving preference to its members.

(g) Nothing in this article, other than the prohibitions against discriminatory advertising in subsection 66- 2(3), shall apply to:

(1) The sale or rental of any single-family house by a private individual owner, provided the following conditions are met:

a. The private individual owner does not own or have any interest in more than three singlefamily houses at any one time; and

b. The house is sold or rented without the use of a real estate broker, agent or salesperson or the facilities of any person in the business of selling or renting dwellings and without publication, posting or mailing of any advertisement. If the owner selling the house does not reside in it at the time of the sale or was not the most recent resident of the house prior to such sale, the exemption in this section applies to only one such sale in any 24-month period; or

(2) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.