Section 82.461

Title VII CITIES, TOWNS AND VILLAGES

Chapter 82

Effective - 28 Aug 1990   

  82.461.  Zoning permit not to issue for certain facilities unless notice is given to adjoining landowners — Kansas City. — 1.  A municipal planning and zoning authority shall not issue any zoning permit, rezoning permit, conditional use permit, or other zoning authorization which is required by municipal ordinance for the placement of a substance abuse treatment facility unless the applicant for such permit provides evidence that he has provided written notification of the proposed placement of the facility to the owner or owners of property located within one hundred eighty-five feet of the boundaries of the property on which the treatment facility is located.

  2.  The division of alcohol and drug abuse of the department of mental health shall promulgate rules and regulations to implement the provisions of this section.  Such rules and regulations shall provide that the division may revoke the certification of a facility certified pursuant to section 376.779 and section 630.655 if the operator of the facility does not provide evidence of compliance with this section.  A person who commences operating a substance abuse treatment facility which is not certified pursuant to section 376.779 and section 630.655 without complying with the provisions of this section shall incur a civil penalty of one hundred dollars per day of violation and each successive day of violation shall constitute a separate violation.

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

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(L. 1990 S.B. 728 § 2)