GOVERNMENT: COUNCIL COULD ZONE ADJOINING COUNTY LAND

Armed with a state law, Cape Girardeau city officials Monday raised the possibility of imposing zoning restrictions in unincorporated areas up to two miles beyond the city limits.

City Manager Michael Miller said the city can't extend zoning beyond its borders until its population reaches at least 35,000.

"We've got to get the new census figures before we can even do it," he said.

But Mayor Al Spradling III said he expects the 2000 census will show the city with a population over 35,000. Last year's census estimate put the population at over 36,000.

Even if the city's population qualifies, the action would require the approval the Cape Girardeau County Commission, likely to approve because of commissioners' support of a planning and zoning issue on the Nov. 7 ballot.

If it had passed, the measure would have ushered in planning and zoning in all unincorporated areas of the county. Instead, it failed dismally.

State law allows peripheral zoning by charter cities in non-charter, first-class counties -- the county class being determined by assessed valuation -- and Cape Girardeau fits that description. Under the law, such a city by ordinance could adopt and enforce planning, zoning, subdivision and building regulations in all unincorporated areas up to miles outside its city limits.

The regulations may be as restrictive as those imposed within the city limits or less restrictive, state law provides. The Cape Girardeau County Commission would have to hold at least one public hearing before it could give the city such zoning authority.

Growth protection

If county planning had passed, city officials wouldn't even be considering the issue. Under state law, a charter city can't extend zoning beyond its borders if the county has a master plan.

Cape Girardeau County currently has no master plan. If planning is ever adopted in the county, the city of Cape Girardeau would cease to have any zoning authority outside its city limits.

Miller raised the issue in a recent e-mail to city council members, but city officials stressed that the idea is just in the discussion stages. Miller said no one on the city staff is "actively working" on the issue at this time.

Spradling has talked to Miller about the possibility.

"I am interested in looking at it for the protection of the future growth of the city," he said.

Spradling said extending zoning would help ensure orderly development in areas that are likely to be annexed by the city. "I don't want to inhibit growth and development, but I certainly think it should be done in an orderly fashion."

The mayor said he doesn't want a manufacturing plant to be built right next to a residential subdivision.

Ward 1 Councilman Frank Stoffregen said it makes sense to impose standards for streets and sewers in new subdivisions bordering the city.

"I can see doing it for subdivisions," he said. But Stoffregen doesn't want to impose strict requirements on individual property owners.

He said the council needs to be careful about imposing zoning restrictions on county residents who don't live in the city.

"It can't be something that infringes on individual rights," he said.