COUNTY PLANNING SHOULD BE ADOPTED

The idea of comprehensive planning for the future of Cape Girardeau County is not a new concept.

The county had a planning commission for almost 20 years. It adopted a master plan, regulations for subdivisions and mobile-home parks and a minimum setback line ordinance.

However, a zoning ordinance was never approved as part of the plan. The ordinances that were adopted were beneficial in bringing about the coordinated physical development of the unincorporated areas of the county.

The goal of planning is to accommodate change in the most orderly and rational manner possible. It provides a common ground for achieving an equitable balance between an individual's right to pursue his own land use and the need of the citizens of our county to regulate its function.

The regulation of land use is a difficult task and demands proper administration.

It is my observation that members of the present county temporary planning commission who regularly attend meetings are dedicated, conscientious and sincere in their efforts to formulate a desirable and suitable land-management plan.

You must focus on the facts and forget the rhetoric in order to correctly analyze the plan under consideration. The truth is that the vast majority of the acreage in the unincorporated areas of Cape Girardeau County is vacant land or dedicated to agricultural uses. The enabling statute exempts "land used or to be used for the raising of crops, pastures, orchards and forestry with respect to the erection, maintenance, repair, alteration or extension of farm buildings or farm structures." In short, farming activities would not be controlled by the planning commission.

The plan also excludes the regulation of pre-existing areas. The reason is that planning protects existing development. One of the primary purposes of zoning is to guide new development so it will not be incompatible with existing uses. The process is often referred to by the term "grandfather clause."

The adoption of planning and zoning is not intended to stop development. However, it is shortsighted to believe that all land-use changes are desirable ones. The goal of planning and zoning is to strike a balance between the rights of developers with legitimate land-use control.

The impact of the plan is not on the landowner who seeks to preserve the status quo, because a developer's right ceases to exist when he infringes upon a neighbor. Planning and zoning provide the residents of a neighborhood the opportunity to know if a potentially incompatible use is being planned prior to construction.

The minute book of the prior planning commission is filled with examples of citizens seeking a remedy that involved land-use control. My personal experience of over 18 years in attending meetings and working with citizens leads me to conclude that Cape Girardeau County should provide protection to its residents from undesirable land uses. The citizens of our county need a remedy against commercial activities in residential subdivisions, junkyards, billboards, landfills and numerous other uses which are inappropriate for a given area.

The adoption of minimum standards for the regulation of subdivisions and mobile-home parks is also desirable. The ultimate success of these plans would depend on proper administration for the benefit and growth of our county.

James F. Waltz is with the Oliver, Oliver & Waltz law firm in Cape Girardeau. He represented the county planning commission from 1973-1992.