THE PUBLIC MIND: COUNTY PLANNING COMMISSIONER OFFERS REASONS FOR THE PASSAGE OF ZONING MEASURE

To the Editor:

There seems to some misinformation circulating about the proposed Zoning Order before the County Commissioners. For example, we seem to be spending a lot of time talking about subdivision regulations which are not in the Zoning order. It seems almost as if someone wants to defeat Planning and Zoning to get rid of the regulations for building a good subdivision.

Planning includes a Master Plan, adopted in 1977, a study of how people in the county use their land. Planning includes Land Subdivision and Mobile Home Park Regulations, adopted in 1975, for building good subdivisions and mobile home parks. Planning includes Building Setback Regulations, adopted in 1988, so that new buildings are not built dangerously close to roads.

The Zoning order includes seven zones based on how you now use your land. If the area is mostly farms it is Agricultural Non-~Urban. If an area has some farms and many homes it is Residential. If an area is all homes it is Suburban. If an area is a village or village-like area it is Community Development. If an area is mostly industry it is Industrial. If an area is mostly businesses it is Commercial. Also, there is a zone for parks and conservation lands.

Those things that are now generally done in that area are permitted as a right. Those things that are sometimes done are allowed with a conditional use permit which may be issued after a hearing with the Planning and Zoning Commission. All affected land owners are invited to the hearing and any interested persons may attend. It is an open meeting. And, those things not done in that area are not allowed and are prohibited.

If Planning and Zoning is not continued, all goes. The Master Plan goes. The Land Subdivision and Mobile Home Park Regulation goes. The Setback Regulation goes. Zoning goes. Then we will be where we were in 1972 before the voters approved Planning and Zoning.

I would like to correct some incorrect statements that I have heard or read.

Someone said, "If my barn burns down I can't rebuild my barn." This is not true. The Zoning order says on page two: "The Order shall not apply to the incorporated portions of the County, nor to the raising of crops, livestock, orchards or forestry or with respect to the erection, maintenance, repair, alteration or extension of farm buildings or farm structures used for such purposes..."

Someone said, "I will need a permit to paint my house." You will not need a permit to do normal repairs and maintenance on your house or other buildings. You will need a permit to change the structure of a building, such as add on a room to your house.

Someone said, "If I have enough land for a home, water, and septic tank I should not need the subdivision rules." This is true if you live on a county road and do not have neighbors. But if you live in a subdivision or plan to live in a subdivision you need the Land Subdivision and Mobile Home Park Regulations. But I do not wish to give a false impression and imply that all developers are against Zoning, because they are not. The developers I have talked to have said the subdivision rules have made them money. Providing a survey, utility easements, and road agreements create happy new owners. When buyers look at property in a subdivision they talk to their future neighbors. If the neighbors are pleased with their investment that encourages them to buy land in that subdivision, and subdividers that sell all their lots do make money.

Someone said, "If my house is too close to the road and burns down I can not rebuild it on that spot." The setback requirements are: Buildings are to be 50 feet back from the highway right-of-way or 75 feet back from the centerline of the road. If a building is less than that it is nonconforming. If a nonconforming building is damaged less than 75 percent it can be rebuilt. If damaged more than 75 percent it can only be rebuilt on that spot if the Board of Adjustment issues a variance to the setback requirement.

Someone said, "My taxes will be raised if Zoning is passed." Taxes are figured on the basis of the productivity of the soil for farmers and the assessed value of their property for homeowners. Taxes are not figured on how the area is zoned. A farm in a Residential Zone would still be taxed on the productivity of the soil, and a homeowner living in an Agricultural Non-Urban Zone would still be taxed on the assessed value of his or her home.

Someone said, "I can't keep more than 7 horses," and "I can't keep more than 5 cats." Horses are livestock and not regulated in the Zoning order. Cats are not regulated under the order either. The commercial sale of cats or dogs, a cattery or a kennel, is allowed in some zones. In other zones a cattery or kennel requires a conditional use permit.

Someone said, "They are out to get rid of mobile homes and mobile home parks." The Zoning order does not allow mobile home parks in Suburban Development Zones. In all other zones mobile homes and mobile home parks are either permitted as a right or a conditional use permit is required.

Our opponents have said, "We want an elected Planning and Zoning Commission." The state law requires that these people be appointed. If you want the law changed, ask your state representatives to work to amend the law. Don't throw 20 years of work away and leave people without protection.

Our opponents have said, "We are not opposed to the concept of Planning and Zoning, but we can't amend it." If they would open their books to pages 4, 5, 6, 7, and 8 to the amendment procedures. On page 4 line 36 it states: "Amendments may be proposed by any governmental body or interested person or organization." The proposed amendment must be in written form. Next, the parties or persons affected by the change are notified and a Public Hearing is held on the proposed amendment. Following the Public Hearing the Planning and Zoning Commission will make a recommendation on the proposed amendment; and send the recommendation to the Count~y Commissioners, our elected officials, for their acceptance or rejection of the proposed amendment.

Our opponents have said, "Zoning will not protect my property." With Zoning the County government will try to protect your property and the value of your property. Without Zoning no one will try to help you, except the Courts.

A vote for Zoning is a vote for planning and a vote for protection for property owners. All things are grandfathered in and nothing changes. A vote against Zoning is a vote for no planning and no protection for property owners. So vote for progress. Vote Yes on Planning and Zoning.

Gene Peterman,

Chairman, Cape Girardeau County

Planning Commission~