Section 41.655

Title V MILITARY AFFAIRS AND POLICE

Chapter 41

Effective - 28 Aug 2007, 2 histories   

  41.655.  Planning and zoning for unincorporated areas near military bases — airport hazard area zoning required (Johnson County). — 1.  The governing body or county planning commission, if any, of any county of the second classification with more than forty-eight thousand two hundred but fewer than forty-eight thousand three hundred inhabitants shall provide for the planning, zoning, subdivision and building within all or any portion of the unincorporated area extending three thousand feet outward from the boundaries of any military base located in such county and the area within the perimeter of accident potential zones one and two.  As used in this section, the term "accident potential zones one and two" means any land area identified in the current Air Installation Compatible Use Zone Report at the north and south ends of the clear zone of a military installation located in any county of the second classification with more than forty-eight thousand two hundred but fewer than forty-eight thousand three hundred inhabitants and which is in significant danger of aircraft accidents by being beneath that airspace where the potential for aircraft accidents is most likely to occur.

  2.  The governing body of any county of the second classification with more than forty-eight thousand two hundred but fewer than forty-eight thousand three hundred inhabitants may adopt, administer, and enforce airport hazard area zoning regulations that are substantially similar to the airport hazard area zoning regulations in sections 67.1200 to 67.1222, subject to any exceptions listed in this section.  Such exceptions are as follows:

  (1)  All definitions in section 67.1200 shall apply, except that any reference to a political subdivision in sections 67.1200 to 67.1222 shall be construed to include any county of the second classification with more than forty-eight thousand two hundred but fewer than forty-eight thousand three hundred inhabitants;

  (2)  Sections 67.1207 and 67.1212 shall not apply;

  (3)  The county shall employ any existing airport planning commission or airport zoning commission as created in section 67.1210, or shall form 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 county residents 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 from the Armed Forces of the United States who is stationed at the military base;

  (c)  The terms of office of each member under this section shall be identical to the terms of office in section 67.1210, with the member chosen to serve as chair serving for an initial term of two years.  The commission shall elect its chairman;

  (4)  Sections 67.1214 to 67.1218, and section 67.1222 shall apply in their entirety, except that any reference to a municipality in such sections shall be construed to include any county of the second classification with more than forty-eight thousand two hundred but fewer than forty-eight thousand three hundred inhabitants;

  (5)  Section 67.1220 shall apply in its entirety, except that the board of variance shall consist of three members as follows:

  (a)  Three residents of the county, with at least two of such county residents residing in the township containing the military base;

  (b)  The board shall elect its chairman.

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(L. 2005 H.B. 348 § 41.1013 merged with S.B. 252 § 41.1013, A.L. 2007 S.B. 22)