COUNTY PLANS ZONING DISTRICTS

JACKSON, Mo. -- The Cape Girardeau County Commission wants to establish five zoning districts as part of regulations that would be implemented if county voters approve the planning issue on the Nov. 7 ballot, and all county voters get their say in the matter.

Although zoning regulations would apply only to unincorporated areas of the county, all voters in the county, including those living in the cities of Cape Girardeau and Jackson, would have the opportunity to vote in the election.

Opponents of the ballot measure have said that's unfair because city-dwelling voters live under city planning and zoning, not county, but Presiding Commissioner Gerald Jones said state law requires all county voters be given the opportunity.

The five proposed districts are agricultural, residential, recreational/conservation, commercial and industrial. Roger Arnzen, who heads the county's mapping and appraisal office, said the districts proposed are based on existing land uses.

No existing structures or land use would be affected by the new law -- existing subdivisions, businesses and mobile home parks fall under a grandfather clause. Arzen said the law is aimed at new construction.

The vast majority of the county would be zoned as agricultural, and farming would be permitted in all districts. Farmers, however, won't have to get permits to build farm buildings except in the case of building a new house.

The residential and commercial districts would be in the areas around Cape Girardeau and Jackson, Mo., and in the Fruitland, Mo., area. The Nash Road and Procter & Gamble areas would be zoned for industrial uses, and existing state and county parks and conservation areas would be zoned for recreation and conservation.

The County Commission said it may revise the proposed zoning districts and regulations prior to implementation, based on public input.

The county used to have planning -- it was approved by voters in 1972 and remained in force until voted out in 1992 when voters rejected a proposal to implement zoning. The 1992 vote also threw out the county's subdivision and mobile-home park regulations that had been adopted by the County Commission in 1975. The vote voided the county's master plan, used to guide development in unincorporated areas.

As was the case eight years ago, zoning is a hot issue. Arnzen said the zoning would put in place the regulations needed to control development.

The proposed zoning regulations would place heavy restrictions on some future businesses. A junkyard or salvage yard, for example, would only be allowed in an industrial zone, and then only with a conditional use permit.

The County Commission would have the ultimate say on whether to grant a property owner's request for a conditional use permit or rezoning.

Arnzen said the County Commission isn't implementing building codes or requiring inspections for plumbing, electrical and other construction work.

However, there would be fees levied for building and conditional use permits, and for review of developers' subdivision and mobile-home park development plans.

Fees would range from $50 for construction of a new home to $200 plus $3 per buildable lot for major subdivisions, and $300 for new mobile-home parks.

County officials said the fees, along with sales tax revenue, would be used to pay for the operation of a planning office. Current plans call for hiring a planning director and a secretary. The office initially might operate on a $50,000 to $60,000 budget, Arnzen said.

Opponents claim the cost will be much higher.

First District Commissioner Larry Bock said he expects the County Commission would follow planning commissioners' recommendations most of the time.

Bock said the goal is to provide common-sense regulations.

"There are just no undue rules and regulations in there," he said.

Violators could be prosecuted on misdemeanor charges. Under state law, a person could be fined up to $1,000 and/or be sentenced to as much as one year in jail, county officials said.

Zoning districtsThere are five proposed zoning districts for Cape Girardeau County: Agricultural, residential, recreation and conservation, commercial and industrial.

The following are some of the permitted and conditional uses proposed for each district:

Agricultural

Allowed: Farming, church, school, day-care home, livestock sales barn, park, home, residential subdivision or veterinary clinic.

With conditional use permit: Airport, kennel, farm implement company., golf course, hospital, mobile-home subdivision, new cemetery, concrete plant, rock quarry, landfill operated by a public agency, water tower.

Residential

Allowed: Farming, single-family home, residential development.

With conditional use permit: Bed and breakfast inn, church, day-care home, golf course, home business, hospital, nursing home, school, mobile home park, apartments, duplexes, privately operated club with swimming pool, public building, retirement center, rooming or boarding house, water tower.

Recreation and Conservation

Allowed: Farming, golf course, marina, fishing pond, skating rink, swimming pool and other recreational uses.

With conditional use permit: Animal training, shooting preserve, pistol and rifle range, restaurant and bar at recreational and conservation sites, drag strip or race track, travel trailer park.

Commercial

Allowed: Farming, amusement centers, service stations, auto repair shop, bank or financial institution, bowling alley, church, dressmaking, shoe repair, farm implement business, feed store, frozen food locker, hotel or motel, kennel, research laboratory, medical offices, mortuary, new or used car lots, office building, barber shop, private school, radio or television broadcasting station, public building, private club, theater.

With conditional use permit: Tavern, bottling works, drive-in restaurant or theater, general service and repair firms, feed store, kennel, lumberyard, massage parlor, new or used car lots, railroad spur tracks and truck terminal, travel trailer park, truck stop, water tower, wholesale establishment or warehouse.

Industrial

Allowed: Farming, regular or conditional uses allowed in a commercial district, asphalt and concrete plants, manufacturing plants, recycling centers, wholesale merchandising or storage warehouses including self-storage units.

With conditional use permit: Explosive manufacturing or storage business, fertilizer manufacturing plant, salvage yard, landfill, poultry plant, stockyard, wholesale storage of gasoline.