COUNTY ZONING ORDINANCE IS BEING FINE-TUNED

JACKSON - The Cape Girardeau County Commission is trying to make final changes in a proposed zoning ordinance it hopes to approve in the next few weeks to take effect Jan. 1.

Earlier this week the commissioners met with J. Fred Waltz, attorney for the county planning commission, to clarify some concerns they had about the proposed ordinance and to determine if changes are needed.

Although the county commission has the authority to put the ordinance into force immediately, it will delay the effective date because of a proposal on the November general election ballot.

Earlier this year, a group of county citizens expressed concern about the zoning plan during a series of 10 public hearings and circulated a petition to place the issue before voters.

If voters say yes to planning and zoning on Nov. 3, the ordinance approved by the county commission will take effect Jan. 1. If citizens vote against the planning and zoning, the plan will be void. In fact, a negative vote in November will, in effect, abolish the planning commission in the county and some planning regulations that have been in place and developed over the last 20 years.

Presiding Commissioner Gene Huckstep said he is hoping voters will approve zoning Nov. 3 and stressed the commission wants to approve a zoning ordinance so that voters will know exactly what they are voting on.

Huckstep complained that opponents of zoning have spread false information about the plan.

"The only thing I want is to make sure there is accurate information out there," said Huckstep. "There have been many, many statements by opponents that are totally untrue."

Huckstep said opponents have spread such false statements as zoning would require approval before someone could paint a house or put on a new roof.

"I personally feel that the county not only has a right, but an obligation to explain this," added Huckstep. "We want the facts out there so people know if they vote `yes' this is what they get."

Associate Commissioner Leonard Sander, who represents the county commission on the planning commission, stressed the importance of getting a document approved so voters know what they will get with a "yes" vote.

"Within a couple of weeks we will have a manual out so that people will know exactly what they are buying," said Sander.

He agrees with Huckstep that there seems to be a lot of misinformation out about the plan. One common misunderstanding deals with the impact of the ordinance on farmers.

Sander said there are specific guidelines that exempt farm property from many of the regulations.

Once zoning is approved, Sander explained there is still room to make revisions later and there is an appeals process to help property owners who feel they need variances in regulations.

"We need to get something out so that people know what they are voting for," said Sander. "If someone does not like it they can come back to the planning and zoning commission and request a change. From there, they can go to the board of adjustment, and then to the county commission. If they don't like what comes from the county commission, they can go to circuit court."

The commission will soon begin an informational effort about zoning. Huckstep said he anticipates placing a lot of the emphasis on outlining some of the common questions, with detailed answers.

"There are some allegations by opponents that we just can't leave unanswered," said Huckstep.

Huckstep said some minor revisions are being made in the plan now and he is optimistic once people have all the facts they will support zoning.

"I think people have a built-in fear of planning and zoning, and that's only natural," Huckstep said. "Many people are against it if it applies to them, but want it to apply to the guy next door if he decides to put in a junk yard."

Sander said after meeting with Waltz the commissioners have a good understanding of the plan and can get all details clarified.

Huckstep added, "We know basically what some of the allegations are that have been made out there. Some people get up and say a lot of things they have no proof of or basis to make such statements, but they do it anyway.

"I'm not going to tell anybody planning and zoning is going to be popular, but if we want this county to progress, I don't see any way we can do it without orderly planning and zoning," said Huckstep. "I am the worst opponent there is to over-regulation, but common sense has to prevail in this thing."