ANTI-ZONING MEETING CALLED

JACKSON - Two Cape County residents who have initiated a petition drive that would give voters the right to decide whether a zoning plan is implemented have scheduled a meeting for next week to see how many others share their concern.

Richard Schmidt and Darrell Hanschen, who both live near Fruitland, contend that when voters approved county planning and zoning in November 1972, it was unclear what they were voting for.

"I think we need to bring it back so people will have a chance to vote on it with their eyes open," said Schmidt. "I think people had no idea what they were getting into. The original vote did not spell out specifically what laws would be used."

On Nov. 7, 1972, Cape County voters were given the opportunity to check one of the following options: "For County Planning and Zoning; Against County Planning and Zoning."

Voters were in favor of planning and zoning by a 201-vote margin, and, as a result of that election Cape Girardeau County has been gradually moving toward zoning over the last 20 years.

The county planning commission recently completed hearings in all 10 county townships on a proposed zoning ordinance. Once the planning commission adds any changes from the hearings that it wants to make in the plan, it will go to the Cape Girardeau County Commission for final approval.

But Schmidt and Hanschen said they believe voters should have the final say on whether zoning is implemented in the county and hope their petition drive will force a November vote on the issue.

Both said that they recognize a need for some county planning and zoning, but have reservations about the plan being implemented without voter action.

Schmidt also said he questions whether the county has followed statutes properly during the planning and zoning process. "I am not a lawyer, but I have a suspicion this is not as it should be," said Schmidt. "I suspect they have not complied with the law."

To get the zoning issue on the ballot in November, almost 1,300 signatures must be secured. Schmidt said he hopes to gather many more than that.

"We want to overwhelm them with signatures," said Schmidt.

Next week's meeting will be on Tuesday at 7:30 p.m. in the American Legion Hall at Jackson. Schmidt said they see the meeting as an opportunity to gather input from citizens to see what their feelings are, and to hopefully broaden the base of support for the petition drive.

"I think turnout would be a gauge of what the people's feelings are about this," said Schmidt.

One of the things that should come out at the meeting, he suggested, are comments from individuals who have been affected by county planning regulations.

"Some people have been hurt by county planning," said Schmidt. He said that the planning commission does not treat everyone alike.

"Under the present system, everyone has not been treated in the exact, same manner. It kind of depends on who you are and who you know."

Cape County Presiding Commissioner Gene Huckstep said Schmidt and others should call any wrongdoing they can prove to his attention so it can be investigated.

"I have no reason to be displeased at this point with the county planning commission," said Huckstep. "I don't have any reason to disbelieve their integrity or honesty in any way, shape or form.

"If he has any evidence of wrongdoing, he should bring it forward so that it can be looked into."

Schmidt also said he believes any fees that would be charged to put zoning in place should first be voted on by the people.

But Huckstep said that is not necessary if the intent of the fees are to recover administrative costs and not to make the county a profit.

Schmidt cited a 1971 opinion by then-attorney general John Danforth that was given to Ray County. It states that second- and third-class counties lack the authority by law to charge fees.

However, Huckstep cited a December decision by the Missouri Supreme Court that said counties may impose fees to collect administrative costs without going to a vote of the people.

"I think the latest court ruling makes it clear that while we cannot show a profit we can recover our fixed costs," said Huckstep.

Schmidt said he is researching all meetings that have been held by the planning commission over the years to see whether it has complied with statutes. He said that he and his supporters are not trying to be vindictive to anyone, but simply want to gather the facts.

He said the county has paid the Southeast Missouri Regional Planning and Economic Development Commission $88,816.70 for that agency's help in preparing the zoning ordinances.

Schmidt said if his effort is successful and voters decide to do away with zoning, they would also be in effect abolishing the planning commission and all work that has been done over the last 20 years toward planning and zoning.

But Schmidt said that is the only recourse available by law to get public approval of the zoning plan. He said a new plan could be developed and submitted to voters early next year.

Although there would not be any county regulations in force after such a vote, Schmidt said that state and federal regulations would still be in force and apply to any development that might occur during the time it takes to get a new planning and zoning plan approved.