HomeMy WebLinkAboutOrdinance #1296i
ORDINANCE N0. 129.6
REZONING CERTAIN PROPERTY AT 320 SOUTH FIFTH AVENUE
CANTON, ILLINOIS
WHEREAS, it appears to the City Council of the City of
Canton, Illinois, that the territory hereinafter described is
located within the corporate limits of the City of Canton, said
premises being generally located at 320 South Fifth Avenue, in
said City of Canton, Fulton County, State of Illinois; and,
WHEREAS, it further appearing to said City Council that a
Petition for Rezoning was duly filed and due and proper notice
thereof was published in the Canton Daily Ledger, a secular
newspaper having a general circulation in the City of Canton,
County of Fulton, and State of Illinois, said notice being made
and published according to the statutes of the State of Illinois
and the ordinances of the City of Canton, Illinois; and,
WHEREAS, a public hearing was held before the Planning and
Zoning Commission of the City of Canton, Illinois, on the 8th day
of October, 1990, concerning the request of Alexander Lumber Co.,
Opal J. Wertman, Lou Sutton Betzer, and C. Eugene Taylor to rezone
the hereinafter-described real estate from a B-2 zoning
configuration to an I-1 zoning configuration, or, in the
alternative, it appearing that petitioners would be amenable to
and would accept a special use permit, personal to them,
authorizing the use by them of said real estate for the purposes
of display and inside storage of home improvement and building
materials, for customer parking, for employee parking, as an
unloading and temporary stora a area for inbound shipments of
lumber and building materials there being no permanent outside
storage of lumber or building materials on the property), and for
the display and retail sale of lawn and garden and other seasonal
products, in connection with which latter use petitioner would
fence and utilize part of the parking lot for such outside storage
and display; and,
WHEREAS, it further appears to said City Council that the
Planning and Zoning Commission has reviewed the request of
Alexander Lumber Co., Opal J. Wertman, Lou Suttom Betzer, and C.
Eugene Taylor according to law, and that the Planning and Zoning
Commission has filed its written recommendation with the said City
Council recommending that the property hereinafter described be
rezoned to an I-1 zoning configuration; and,
WHEREAS, there has been filed with the City Clerk of the
City of Canton, Illinois, a Notice of Protect in accordance with
Sec. 11-13-14, Chap. 21~, Ill. Rev. Stat. 1989, by Topline Auto
Parts Co., an Illinois corporation, and James B. Jackson, its
principal, objecting to said rezoning; and,
WHEREAS, the City Council of the City of CAnton, Illinois,
has reviewed the petition to rezone, the written recommendation of
the Planning and Zoning Commission, and the Notice of Protest, and
has determined that the best use of the property within the
Planning and Zoning Commission guidelines would be to retain the
B-2 zoning configuration, but to grant to petitioners a special
use permit pursuant to Sec. 10-9-3 of the Zoning Ordinance of the
City of Canton, Illinois;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CANTON, ILLINOIS:
SECTION 1. That the territory hereinafter described be and
the same continue to be zoned B-2 zoning
configuration, with a special use exception for open-air business
use as authorized by Sec. 10-9-3 of the Zoning Ordinance of the
City of Canton, Illinois, for the purposes of display and inside
storage of home improvement and building materials, for customer
parking, for employee parking, as an unloading and temporary
storage area for inbound shipments of lumber and building
materials, excluding permanent outside storage of lumber or
building materials, and for the display and retail sale of lawn
and garden and other seasonal products in a fenced area, said
premises being more particularly described as follows:
Lots 7, 8, 9, and 10, Block Two, ANDERSON~S FIRST
ADDITION to the City of Canton, County of Fulton,
State of Illinois.
SECTION 2. In addition to the limitations set forth in the
preceeding Section 2, the special use permit
authorized by this Ordinance shall be subject to the limitations
now set forth in Title 10, Chapter 9, Section 3 (B) of the Canton
Municipal Code; however, the Canton City Council hereby finds and
declares that the existing site and site plan are the same as has
been in place for many years so that the filing or refiling of a
new site plan is excused and unnecessary and redundant. However,
no substantial variation in site plan or site use shall be
permitted without petitioner first submitting and obtaining
approval of a new site plan, after notice, and otherwise in
conformity with the procedure contemplated by Section 10-9-3(B)
with respect to new sites or developments.
SECTION 3. That the City of Canton zoning maps, documents,
and related regulations be and the same are
hereby amended so that the territory hereinabove described shall
be and the same continues to be B-2 zoning configuration, with a
special use exception for open-air business use as authorized by
Sec. 10-9-3 of the ordinances of the City of Canton, Illinois, and
according to the statutes of the State of Illinois.
SECTION l,.. That this Ordinance shall be in effect from and
after a two-thirds vote of the City Council of
the City of Canton, Illinois, and approval by the Mayor thereof.
PASSED BY A TWO-THIRDS VOTE OF THE CITY COUNCIL OF THE CITY
OF CANTON, Illinois and approval by the Mayor thereof this 20th
day of November, 1990 upon a roll call vote as follows:
AYES: Aldermen Kovachevch, Fuller, Steck, Sarff, Meade,
Bohler, May, Chapman.
NAYS: None.
ABSENT: None.
APPROVED:
~~ ~
Donald Edwards, Mayor
ATTEST:
Nanc White , City Jerk.
ALEXANDER LUMBER COMPANY
SITE PLAN
LOTS 7, 8, 9, and 10, BLOCK TWO, ANDERSON'S FIRST ADDITION
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