PETITIONS CIRCULATE TO PUT COUNTY ZONING TO A VOTE

JACKSON - One of the organizers of a petition drive that would put countywide zoning to a vote of the people in November, stressed Thursday their goal is to seek modifications in the proposed plan and to give voters a chance for input.

"It is not that we are against county planning and zoning, it is just that some things they have done or want to do will affect our ability to sell land, buy land, and construct buildings," explained Darrell Hanschen, who lives near Fruitland.

Hanschen owns 23 acres, which he contends is a small farm. But under the new zoning plan, Hanschen said it would be considered a 23 acre lot in a subdivision.

Hanschen and Richard Schmidt, of Shawneetown, began circulating petitions last week, which asks whether Cape County should have planning and zoning. The question could be placed to voters on the Nov. 3 ballot if the signatures of 1,237 registered voters are secured by early September.

Next week the last two of 10 public hearings in each of the county's townships, will be held on a proposed zoning ordinance that could take effect with the approval of the county commission.

The county planning commission and a special subcommittee, has been working with staff of the Southeast Missouri Regional Planning Commission for almost two years trying to develop a good zoning ordinance.

In 1972, voters of Cape County approved the creation of a county planning commission and the development of a master plan as a prelude to eventual zoning in out county areas. According to state law, that vote gives the authority to put zoning in force to the county commission unless there is a petition requesting a public vote.

"The fair thing to do, instead of relying on the vote from 1972 to give these people the authority to make this 80 page book of rules a law that will affect everybody, we just think the people ought to be able to vote on this," said Hanschen.

"Instead of a small amount of people, who are appointed rather than elected, making these decisions, it ought to be voted on by the people rather than the county commission."

Charles Engelhart, director of the county planning commission, said they hoped to have a final plan for the county commission to act on this spring. Having the petition drive and possible election looming, "will cast a matter of uncertainty over the whole thing on what the county commission will do," he noted.

In the eight hearings so far, Engelhart said about 300 people have attended. On Tuesday the meeting will be held at 7:30 p.m. at the conservation building in the Cape County North Park; and on Wednesday night it will be at the vocational-agriculture building in Delta.

Hanschen said he believes many of the changes supporters of the petition drive want in the zoning ordinance will not be seriously considered.

"They won't even listen to us; they think we are a bunch of radicals," said Hanschen.

But Engelhart contends all comments will be taken very seriously from the public hearings.

"We are taking seriously suggestions for changes and are keeping records of those suggestions," he observed. "Anybody that has a concern or suggestion for change can present them at a hearing or bring them into the office and we will take it into consideration.

"There definitely will be some changes, but it would be a farce to present the proposal at the hearings and then completely re-do them."

Engelhart stressed that even if a zoning ordinance is adopted, "there are definite procedures for amending ordinances and making changes. It is not a very complex procedure."

Hanschen said the zoning proposal is too broad in several areas, such as the definition of subdivisions. "If you owned 100 acres of ground and wanted to sell 50 acres to two other people, you can sell one half to one person, but to sell the second 50 acres you need county planning and zoning approval," he observed.

"There are some things in the plan that are not reasonable; some of it just doesn't make any sense."

Hanschen said some parts of the zoning ordinance are very good such as the limitation on signs, junk yards, and industry, "but it is just putting too much power in the hands of people not responsible to the electorate, just to the people who appoint them."

Engelhart pointed out that if the petition drive is successful and a vote is taken, a vote by citizens would not only abolish the zoning ordinance but the entire planning commission and work that has been done up to this point.

Hanschen agrees that a vote against zoning would shut down the county planning department. "That is not our overall intent, however, that is the only recourse the law provides," said Hanschen.

If voters supported his petition, Hanschen said he would hope that a new plan could be drafted and approved quickly to take into account the feeling of people in rural areas who will be affected by the plan.