• First, there are real problems that could be addressed and are not fully, properly or adequately covered; and because there are other, more effective, ways to deal with the most pressing problems.
• Second, because the minutiae of detailed rules are unnecessary intrusions into individual lives and into the operation of small business.
• Third, because the means of funding has not even been discussed.
• Fourth, because the safeguards against future changes to make it even more restrictive are inadequate.
• Last, because I am philosophically opposed to the advocates of big government at any level who use fear, overstatement or partial truths to increase power.

Let's look at some of the things that advocates of zoning promise, whether problems or threats, and see how they're handled:

• "There will be a county master plan that offers direction and a reasonable expectation that one can determine what areas might be appropriate for a specific use." It doesn't do this at all - it just gives owners the right to continue using their property as they are now, or to sell it for the same use. It doesn't establish zoning districts along the major roads at all. So, what we have constitutes "spot zoning", something rigorously avoided in the city of Warrensburg, if I'm properly interpreting what I read in the paper.
  • Furthermore, the vast majority of the businesses in the county are shown (when shown at all) as Continuing Use Permitted (CUP). We were promised in the Township Meetings that existing businesses would be zoned as we desired. Forms were filled out at that point but were apparently ignored by or not furnished to the consultants. People asking for corrections or proper zoning now are asked to provide detailed information including legal descriptions, which are then debated by the Temporary Commission (I saw an example Tuesday night).
  • Should the issue pass, it is problematic as to whether a property owner could obtain the desired zoning district without need for a pulic hearing. While the property owner can continue the current use as a "CUP" by right, the terms of the zoning ordinance would supercede any promises or interpretations given before the enactment.

• Large livestock operations, "Megafarms" over 1,000 animal units are banned by establishing set-backs from any dwelling - these setbacks are greatly in excess of those established by state law and may not survive court challenges. Smaller confinement operations, which have the potential to also be substantial polluters, are completely uncontrolled by either the state or this ordinance. Our neighbors to the south in Henry County are addressing the issue by setting up a detailed sewage ordinance which controls such things as how effluent is spread.

• So-called "juice bars" or adult entertainment are banned by requiring them to be a mile away from anything else. However, current bars, including those under construction, aren't affected. Whatever one's opinion on the 'adult entertainment' industry, this restriction is a "feel-good" one, because if the market here were not already saturated the industry would have found other sites & gotten started there.

• Residential sewage disposal is covered by a state law. It is my understanding that the County Commission made a political decision to table their own implementing sewage ordinance in order to give zoning a better chance to pass, thus leaving the county unprotected in this area for a couple of years.

• "Trashy" properties are not addressed at all. While the ordinance includes a definition of "nuisance" (which translates to anything you do or have that your neighbor doesn't like), no nuisance ordinance is included. That means they plan to write one later without public vote. Mobile homes, which some people consider "junky" per se, are restricted only by lot shape, sewage disposal, and requirement for permanent foundations.

Now, let's look at some of the minutiae. Some of you have seen the flyer someone put out implying that the plan banned horses in Rural Residential areas (3-20 acres) or the back yard of your 2.99 acre place along the road. I'm not sure that it might not be correct, because the various rules are so scattered throughout the plan that it isn't unreasonable to interpret that you'd have to get a Conditional Use Permit to have a horse or a cow. Here's a few others:

• There are specific rules on lot size. If a widow wanted to sell off some of highway frontage for a house, she'd be limited as to how much she could sell because the lots must be no more than twice as deep as they are wide. If she wanted to sell lots smaller than 3 acres, she'd have to have a subdivision with an interior road.
• Number and length of garage sales are limited.
• Height of storage sheds or garages is limited on non-ag properties.
• Height of privacy fences is limited.
• You can't put a duplex on a 15 acre property.
• Rezoning documentation requirements are so detailed they would probably require the services of a professional engineer.

In addition, there are many anomalies and curious twists in the list of what types of business requires a Conditional Use Permit, which requires a "sketch plan" and supporting documentation. On top of this, the exact chain of approval for such CUPs is muddy at best - I can't tell for sure what the Administrator will approve, what the P&Z Commission will approve, and what the County Commission will approve ["They are permitted upon a finding by the P&Z Administrator and/or approval by & with the authorization of the P&Z Commission, and the County Commission that the conditions for approval are met"]. Here are a few that require CUPs:

• 1 to 4 room Bed & Breakfast on a farm (20+ acres) or rural residential (3-20 acres) (Page A-29).
• Accounting office, if the client visits the office (if he doesn't, then no restrictions)(page 44 & A-33)
• Computer programming services (Page A-30)
• Radio & TV repair (pageA30)

These are just examples - we could pick on them for more time than is now allowed. The big problem is that it is so cumbersome that it is extremely difficult to determine all the ramifications.

Funding for Planning & Zoning is a major question that hasn't been answered. The costs will include a Zoning Administrator, mileage & direct costs for 15 zoning commissioners, administrative costs for maintaining records, conducting hearings, etc., not to mention legal fees as different vague areas are challenged in court. The county has already spent well over $40,000 on the planning stage, most to pay HNTB Corporation, the consultants who, in my opinion, treated us rather shabbily - and I still think the term "foisted" is accurate. Either the budget will require a reallocation of current tax money or we will have to pay a fee.
Currently, the only fee required seems to be in an application for a Special Use Permit (mega-farm, juice bar, communications tower, casino, heavy metal industry, or clearing more than 20 acres for commercial/industrial development). However, if this is still a 4th Class County, the County Commission is authorized (64.810) to establish & collect a fee for service provided. The P&Z Commission can spend "not in excess of the smount of fees colledted by it & the amounts appropriatd for that purpose"

Safeguards are inadequate because the final authority for all zoning changes and amendments to the rules lies in the County Commission. While the Ordinance requires a public hearing and 10 YES votes by the Planning Commission to submit a change to the County Commission, I don't know if this can be changed by these bodies at a later date - certainly, the advocates of P&Z who wanted a public hearing for every Conditional Use Permit want to make things even more restrictive!

Intrusive Government, even at the local level, is not tolerable to a free society. This plan goes into much greater depth than is necessary to protect the health and welfare of the citizens. By State Law, once this is adopted, "no building or other structure shall be erected, constructed, reconstructed, enlarged or altered, or repaired in such a manner as to prolong the life of the building, nor shall the use of any land be changed without a permit issued by" the P&Z Administrator. It gives implied authority to the administrator to enter & inspect your property without notice, it gives the local government the power to fine and imprison you for violations, regardless of their nature. The wording of the satte law syas that if someone runs an illegal business out of a rural apartment, the owner & his agents are also guilty. These provisions could be used by unscrupulous politicians to punish their enemies and to reward their friends.

This process also allows the citizens of the cities to vote on a zoning plan that does not affect them - looking at County demographics, strong support for zoning from the 3 cities with P&Z could overcome a near-unanimous vote by those actually affected. You tell me if this is proper!

We have already seen the operation of the consultants, who told us conflicting stories at various stages of the planning process. The promoters of zoning that I've heard speak are almost exclusively residents of the incorporated & zoned cities of this county. I say that this plan, whatever the intentions of its advocates, is an evil in itself.