CITY IS LENIENT TOWARD IGNORANCE OF ZONING

In two of three zoning changes before the Cape Girardeau City Council tonight, the owners have been using the properties as if the changes they are requesting have been in effect for years.

All three changes have the approval of the Planning and Zoning Commission. When the commission held hearings, no one showed up to object to any of the proposals.

Brian and Debra Tracy asked for a special use permit so they can sell logs from their lot at 2525 State Highway 177. The couple's company, Timberline International Building Products, has been selling logs there for three years. It is located across the road from Timberline's offices, which are outside the city limits.

Monty's Mobile Homes asked for a rezoning from residential to manufacturing for 1.83 acres at 621 S. Kingshighway. The mobile home-seller has expanded east of its original site after the widening of Kingshighway.

A third applicant, Steve LeGrand, applied for a special use permit to build a mini-storage warehouse in the 100 block of North Silver Springs Road. He applied before even buying the land.

LeGrand won preliminary approval from the Planning and Zoning Commission, but only on condition that he make changes so his facilities blend in better with the neighborhood.

By law, businesses need permits from the city before building. City ordinances require any land use to conform with zoning or for the owner to have a special use permit. The law calls for punishing violators with fines ranging from $10 to $500 or 10-day jail sentences for every day a violation exists.

Kent Bratton, city planner for Cape Girardeau, said the city intends to do nothing about the violations.

He said Monty's Mobile Homes expanded an existing use and didn't know the land around it was zoned residential. "There are industrial-type uses all around," Bratton said.

Indeed, on that stretch of South Kingshighway most of the other buildings are metal and house neighboring businesses. The nearest homes are across a creek.

Monty Montgomery Jr., owner of the Monty's Mobile Homes, said he bought the business from his father three years ago. He said he discovered he didn't have the proper zoning when he went to the city for some paperwork needed to apply for a loan.

Debra Tracy said Timberline is located on one tract that stretches across Big Bend Road.

The tract has woods on three sides, while the business' building borders a farm.

She said the business, which exports logs to Japan and veneer to Germany, had the 3.2-acre tract on the city side cleared for storing logs three years ago. "We didn't realize we needed any kind of permission for the log yard," she said.

R. J. McKinney, chairman of the Planning and Zoning Commission, said someone from the city drove by the lot, saw what was going on and asked the Tracys to apply for the permit.

"It's impossible for the city to police every location," McKinney said.

Is it unusual for zoning violations to go undetected for so long?

"It happens occasionally," said Bratton. He pointed out that when the city discovered that Cheekwood Studio, 2336 Kingsway Drive, started building an addition without the necessary zoning, the city issued a stop-work order.

Cheekwoood won a rezoning from the City Council on April 7 and can proceed.

City Manager Michael Miller said Cape Girardeau is more lenient about zoning violations than many cities. "We try to be reasonable," Miller said. "It depends a little bit on the intent."

Most of the time, violators just didn't know what they had to do to comply, he said. "I wish everybody knew about all the laws," Miller said.