305.410. Annexation of land within airport zone prohibited, exceptions--enforcement authority--board of adjustment authorized (Greene County).

MISSOURI STATUTES AND CODES

305.410. Annexation of land within airport zone prohibited, exceptions--enforcement authority--board of adjustment authorized (Greene County).

Annexation of land within airport zone prohibited,exceptions--enforcement authority--board of adjustment authorized(Greene County).

305.410. 1. Notwithstanding any other law to the contrary,annexation of land located within an airport zone by any city, town orvillage other than the municipality which owns the airport is prohibited,nor shall any areas be incorporated in such airport zones.

2. Notwithstanding the provisions of subsection 1 of this section, acity, town, or village may annex land located within an airport zone if thecity, town, or village has entered into an agreement under section 70.220,RSMo, with the municipality that owns the airport. Under the agreement,the city, town, or village shall adopt the airport zoning ordinance of themunicipality owning the airport and shall agree to enforce and administerthe terms of such airport zoning ordinance. Any city, town, or village,including its officers or employees, that has agreed to enforce andadminister the airport zoning ordinance of the municipality that owns theairport who fails to enforce or administer the airport zoning ordinance orthe terms of an agreement for enforcement and administration shall besubject to injunction, quo warranto, mandamus, or the remedies set forth inthe agreement. If the city, town, or village fails to enforce themunicipality's airport zoning law, the municipality owning the airportshall, in addition to all other remedies provided for in this section, havethe right to enforce the zoning law against the violator by injunction ordeclaratory judgment.

3. Notwithstanding any other law to the contrary, the powers of theboard of adjustment under section 89.080, RSMo, may be vested in a newboard of adjustment consisting of members of the board of adjustment of themunicipality that own the airport and the members of the board ofadjustment of the city, town, or village that annexes land within theairport zone in accordance with an agreement to enforce and administer thezoning regulations set forth in section 305.405 and the airport zoningordinance of the municipality that owns the airport. Notwithstanding theprovisions of section 89.090, RSMo, or any other law to the contrary, theconcurring vote of eight members of the new board shall be necessary toreverse any order, requirement, decision, or determination of any suchadministrative official, or to decide in favor of the applicant on anymatter upon which it is required to pass under any such ordinance or toeffect any variation in such ordinance.