41.655. Planning and zoning for unincorporated areas near military bases--airport hazard area zoning required (Johnson County).
Planning and zoning for unincorporated areas near militarybases--airport hazard area zoning required (Johnson County).
41.655. 1. The governing body or county planning commission, if any,of any county of the second classification with more than forty-eightthousand two hundred but fewer than forty-eight thousand three hundredinhabitants shall provide for the planning, zoning, subdivision andbuilding within all or any portion of the unincorporated area extendingthree thousand feet outward from the boundaries of any military baselocated in such county and the area within the perimeter of accidentpotential zones one and two. As used in this section, the term "accidentpotential zones one and two" means any land area identified in the currentAir Installation Compatible Use Zone Report at the north and south ends ofthe clear zone of a military installation located in any county of thesecond classification with more than forty-eight thousand two hundred butfewer than forty-eight thousand three hundred inhabitants and which is insignificant danger of aircraft accidents by being beneath that airspacewhere the potential for aircraft accidents is most likely to occur.
2. The governing body of any county of the second classification withmore than forty-eight thousand two hundred but fewer than forty-eightthousand three hundred inhabitants may adopt, administer, and enforceairport hazard area zoning regulations that are substantially similar tothe airport hazard area zoning regulations in sections 67.1200 to 67.1222,RSMo, subject to any exceptions listed in this section. Such exceptionsare as follows:
(1) All definitions in section 67.1200, RSMo, shall apply, exceptthat any reference to a political subdivision in sections 67.1200 to67.1222, RSMo, shall be construed to include any county of the secondclassification with more than forty-eight thousand two hundred but fewerthan forty-eight thousand three hundred inhabitants;
(2) Sections 67.1207 and 67.1212, RSMo, shall not apply;
(3) The county shall employ any existing airport planning commissionor airport zoning commission as created in section 67.1210, RSMo, or shallform such commission, with the following exceptions:
(a) The commission shall consist of five members as follows:
a. Three residents of the county, with at least two of such countyresidents residing in the township containing the military base;
b. The presiding county commissioner or such commissioner's designee;and
c. The county road commissioner;
(b) The commission may appoint an ex officio military liaison fromthe armed forces of the United States who is stationed at the militarybase;
(c) The terms of office of each member under this section shall beidentical to the terms of office in section 67.1210, RSMo, with the memberchosen to serve as chair serving for an initial term of two years. Thecommission shall elect its chairman;
(4) Sections 67.1214 to 67.1218, and section 67.1222, RSMo, shallapply in their entirety, except that any reference to a municipality insuch sections shall be construed to include any county of the secondclassification with more than forty-eight thousand two hundred but fewerthan forty-eight thousand three hundred inhabitants;
(5) Section 67.1220 shall apply in its entirety, except that theboard of variance shall consist of three members as follows:
(a) Three residents of the county, with at least two of such countyresidents residing in the township containing the military base;
(b) The board shall elect its chairman.
(L. 2005 H.B. 348 § 41.1013 merged with S.B. 252 § 41.1013, A.L. 2007 S.B. 22)