82.461. Zoning permit not to issue for certain facilities unless notice is given to adjoining landowners--Kansas City. - Missouri Statutes

Zoning permit not to issue for certain facilities unless notice isgiven to adjoining landowners--Kansas City.

82.461. 1. A municipal planning and zoning authorityshall not issue any zoning permit, rezoning permit, conditionaluse permit, or other zoning authorization which is required bymunicipal ordinance for the placement of a substance abusetreatment facility unless the applicant for such permit providesevidence that he has provided written notification of theproposed placement of the facility to the owner or owners ofproperty located within one hundred eighty-five feet of theboundaries of the property on which the treatment facility islocated.

2. The division of alcohol and drug abuse of the departmentof mental health shall promulgate rules and regulations toimplement the provisions of this section. Such rules andregulations shall provide that the division may revoke thecertification of a facility certified pursuant to section376.779, RSMo, and section 630.655, RSMo, if the operator of the facilitydoes not provide evidence of compliance with this section. A personwho commences operating a substance abuse treatment facility whichis not certified pursuant to section 376.779, RSMo, and section 630.655,RSMo, without complying with the provisions of this sectionshall incur a civil penalty of one hundred dollars per day ofviolation and each successive day of violation shall constitutea separate violation.

3. The provisions of this section shall apply only tosubstance abuse treatment facilities located in a city with apopulation over three hundred fifty thousand which is partlylocated in a first class charter county.

(L. 1990 S.B. 728 § 2)