To repeal section 89.142, RSMo 1994, relating to peripheral zoning, and to enact in lieu thereof one new section relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Section 89.142, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 89.142, to read as follows:

     89.142. 1. Any [city, town or village, located north of the Missouri River] third class city located in more than one county of the third classification, with a population of four thousand [or more] but less than ten thousand which has a zoning commission and a board of adjustment, established pursuant to sections 89.010 to 89.140, may, by ordinance, adopt and enforce regulations governing zoning, planning, subdivision and building within all or any portion of any unincorporated area extending two miles outward from the city limits, where there is any correctional facility located within two miles of such city, town or village and the county in which the correctional facility is located has not adopted zoning, planning, subdivision or building ordinances. This section shall not allow such city, town or village to adopt and enforce regulations governing zoning, planning, subdivision and building within the correctional facility grounds or in any way allow the city, town or village to utilize zoning regulations to prevent the department of corrections and human resources from otherwise changing planning and building within the correctional facility grounds. Other provisions of law to the contrary notwithstanding, in those cities, towns or villages subject to the provisions of this section which elect to exercise the option authorized by this section, the presiding commissioner of the county in which the correctional institution is located shall become a full voting member of the planning and zoning commission or other municipal body which will recommend and enforce such regulations.

     2. The county district commissioner of the area in which the correctional facility is located shall become a voting member of the city zoning board when such board is voting on ordinances pertaining to the peripheral zoning. The ordinances for the peripheral zone shall not be more, but may be less, restrictive than the ordinances governing zoning within the corporate limits of the city. If building permits are required by the ordinances, they shall be issued without a fee.