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HomeMy WebLinkAboutOrdinance #4416 - Zoning Related to an Application from Cody Giebelhausen and Civic Digital Displays for a Digital Billboard Sign on 5th Avenue STATE OF ILLINOIS) ) SS. COUNTY OF FULTON) CERTIFICATE I, Andi Smith-Walters, certify that I am the duly elected City Clerk of the CITY OF CANTON, FULTON COUNTY, ILLINOIS. I further certify that on AUGUST 6. 2024. the City Council of such municipality passed and approved Ordinance#4416 entitled: AN ORDINANCE APPROVING THE ZONING RELATED TO AN APPLICATION FROM CODY GIEBELHAUSEN AND CIVIC DIGITAL DISPLAYS,LLC FOR A DIGITAL BILLBOARD SIGN ON 5TH AVENUE The ordinance attached is a true and correct copy of the ordinance adopted by Canton City Council. DATED AT CANTON, ILLINOIS, THIS 6th DAY OF August, 2024 Seal ndi Smith-Walters, City Clerk City of Canton, Illinois ORDINANCE NO. 4416 AN ORDINANCE APPROVING THE ZONING RELATED TO AN APPLICATION FROM CODY GIEBELHAUSEN AND CIVIC DIGITAL DISPLAYS,LLC FOR A DIGITAL BILLBOARD SIGN ON 5TH AVENUE WHEREAS, the City of Canton, Fulton County, Illinois (the "City") is an Illinois non- home rule municipal corporation, established in accordance with the constitution of the State of Illinois of 1970; WHEREAS, Section 10-15-24(K)(5) of the Canton Municipal Code (the "Code") provides: "All off premises signs [e.g., billboards] are to be discouraged; however, specific requests will be considered by the city council and must conform to all erection standards and each will be considered on its own merit." WHEREAS, on July 31, 2024, Civic Digital Displays, LLC (the "Developer") submitted an application to the City and the City Council pursuant to Section 10-15-24(K)(5)of the Code for approval related to a possible digital billboard (the `Billboard") on a portion of Site I (as more specifically described on Exhibit A and as depicted in Exhibit B each attached hereto and made a part hereof) (the "Subject Property"). The Subject Property is currently owned by the City. In accordance with the terms of that certain City of Canton, Illinois Business Development District No. 1 Redevelopment Agreement between the City and the Developer and Cody Giebelhausen (approved by Ordinance No. 4359) (the "Agreement"), the Subject Property was conveyed to the City. Thereafter, pursuant to the Agreement, the City and the Developer entered into a lease for twenty (20)years related to the Billboard; and WHEREAS, a copy of the application from the Developer to the City is attached hereto as Exhibit B and made a part hereof, WHEREAS, the City desires to repeal Ordinance No. 4393, which previously granted zoning approval related to the Billboard to Cody Geibelhausen and Civic Digital Displays, LLC; and WHEREAS, having considered the application and the information presented to the City, the City Council of the City of Canton has determined that the zoning approval of the request related to the Billboard on the Subject Property, as presented, subject to certain conditions as set forth below, is in the best interests of the City and in furtherance of the general public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS AS FOLLOWS: Section 1. The City of Canton hereby finds as fact the recitals set forth above and are incorporated herein as though fully set forth. 1 Section 2.For purposes of Section 10-15-24(K)(5) of the Code and the City's Zoning Regulations, the Mayor and the City Council of the City approve the Billboard, as requested by Cody Giebelhausen and Civic Digital Displays, LLC for the future erection of the Billboard on the Subject Property, subject to the following conditions and erection standards: a. Cody Giebelhausen and Civic Digital Displays, LLC shall receive approval from the Illinois Department of Transportation("IDOT") for the erection of the Billboard. b. The final design of the Billboard is further subject to the Mayor's approval. c. Upon IDOT approval, a building permit application and the fees related to same shall be submitted to the City, and upon submission of the Application, the dimensions, design, and the Billboard itself are subject to the final approval of the City's Zoning Officer and City Council prior to construction. d. Cody Giebelhausen and Civic Digital Displays, LLC shall continue to comply with all provisions of the Agreement. e. The location shall be substantially as set forth in Exhibit B and subject to approval and conditions of the building permit; f. Nothing in this Ordinance is a waiver by the City of any obligations of Cody Giebelhausen and Civic Digital Displays, LLC under the Agreement; g. Cody Giebelhausen and Civic Digital Displays, LLC and the City shall enter into a lease in accordance with the Agreement. Thereafter, Cody Giebelhausen and Civic Digital Displays,LLC shall comply with all provisions of said lease and the Agreement. Section 3. Any violation of any term or condition stated in this Ordinance or of any applicable code, ordinance or regulation of the City shall be grounds for immediate rescission by the Mayor and City Council of the approval made in this Ordinance. Section 4.All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed insofar as they are in conflict with this Ordinance. Ordinance No. 4393 is hereby repealed in its entirety. Section 5.If any provision of this Ordinance is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or of any portion not adjudged invalid. Section 6.This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 2 PASSED AND APPROVED THIS 6`h day of August, 2024. AYES: Alderperson Chamberlin, Lovell, Nelson, Hale, Gossett, Ketcham, Lingenfelter, Grimm(Technical Difficulties) NAYS: None ABSENT: None APPRO ED: By: Kent clfowelll or ATTEST: drea J. S ith-Walters, City Clerk 3 EXHIBIT A A 400 SQUARE FEET LEASE AREA WITHIN LOT 23 OF FISHER'S ADDITION EXTENSION 1,BEING A PART OF THE SOUTHWEST 1/4 OF SECTION THIRTYONE(31), TOWNSHIP EIGHT (8) NORTH, RANGE ONE (1) EAST OF THE 4TH P.M., FULTON COUNTY ILLINOIS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 23 IN FISHER'S ADDITION IN THE CITY OF CANTON, ILLINOIS, A SUBDIVISION PART OF WHICH THE PLAT IS RECORDED IN PLAT BOOK 2, PAGE 31, AT THE FULTON COUNTY RECORDER 'S OFFICE; THENCE SOUTH 89°-24'-58" WEST, 102.68 FEET ALONG THE SOUTH LINE OF LOT 23 TO THE POINT OF BEGINNING OF THE TRACT TO BE DESCRIBED; FROM THE POINT OF BEGINNING,THENCE CONTINUING SOUTH 890-24'-58" WEST ALONG SAID SOUTH LINE,20.00 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF ILLINOIS. ROUTE 78; THENCE NORTH 00°-35'-02" WEST, 20.00 FEET; THENCE NORTH 89°-24'-58" EAST, 20.00 FEET; THENCE SOUTH 00°-35'-02" EAST, 20.00 FEET TO THE POINT OF BEGINNING; SAID LEASE AREA CONTAINING 400 SQUARE FEET MORE OR LESS. Commonly known as 761 S. 5th Avenue, Canton, IL 61520 PIN: Part of 09-08-35-120-006 4 Permit# PERMIT APPLICATION Approved by CITY OF CANTON Date approved 2 NORTH MAIN STREET Check# CANTON,ILLINOIS 61520 Applicable Building Codes(the following list of codes&the 2004 Supplement): 2003 International Building Code 2003 International Fire Code 2003 International Residential Code 2003 International Mechanical Code 2003 International Private Sewage Disposal Code 2003 International Fuel Gas Code 2003 International Zoning Code 2003 ICC Electrical Code 2003 International Existing Building Code 2003 International Plumbing Code&Illinois State Plumbing Code of 2014 Illinois Accessibility Code 2003 International Energy Conservation Code(State Mandated 2009 IECC) 2003 International Property Maintenance Code Application being applied for: ❑Swimming Pool - $15 *All pools require a fence around it,per Section 4-3-4 of the Canton City Code. El Fence - $10 ❑Residential Building Permit for Dwelling,Attached Garage,Detached Garage,Porch,Carport,or Deck (calculate permit cost per Fee Scale) ❑Commercial Building (calculate permit cost per Fee Scale) El Demolition(calculate permit cost per Fee Scale) ❑❑Sign(calculate permit cost per Fee Scale) ❑Solar panel project(calculate permit cost per Fee Scale) ❑Alteration or Remodeling (calculate permit cost per Fee Scale) (*"Alteration"or"remodeling" of an existing building or structure shall include any changes in structural members, stairways,basic construction,type,kind or class of occupancy,light or ventilations,means of egress and ingress or any other changes affecting or regulated by the Building code,except for minor repairs or changes not involving any of the aforesaid provisions) Property Owner: City of Canton Address: 2 N Main St, Canton Contractor: Civic Digital Displays, LLC Address: 1200 E Washington St, East Peoria Applicant: Civic Digital Displays, LLC Series Canton Address: 1200 E Washington St, East Peoria Applicant's Contact Number: _309 265 8412 Applicant email: Cody@civicdigitaldisplays.com Construction Site Address: 761 S 5th Ave, Canton Subdivision: (Any subdivision covenants that apply are the individual's responsibility) Zoning Classification: B-2 Estimated cost of project: $ 175,000 State Roofing License # (required if Contractor performs work) 1 Fee Scale Estimated Cost of Project Permit Fee $1.00- $500.00 $10 $500.01 -$2,000.00 $10 for 1st$500+$1.50 for ea.additional$100 or fraction of to&including$2,000 $2,000.01 -$25,000.00 $32.50 for 1 st$2,000+$6.00 for ea.additional$1,000 or fraction of to&including$25,000 $25,000.01 -$50,000.00 $170 for 1 st$25,000+$4.50 for ea.additional$1,000 or fraction of to& including$50,000 $50,000.01 -$l 00,000.00 $283 for 1 st$50,000+$3.00 for ea.additional$1,000 or fraction of to&including$100,000 $100,000.01 and up $433 for 1 st$100,000+$2.50 for ea.additional$1,000 or fraction of For Demolition Permits: All demolition projects must include the proper abandoning of any and all water and sewer services. It is the responsibility of the Permit Holder to be aware of existing water/ sewer services into or exiting the structure. The City will provide limited assistance in locating services. The Permit Holder will be responsible for contacting the City prior to backfilling for mandatory inspection. Any devices for the purpose of metering found inside the structure, used for the purpose of metering a City service, must be returned to the City of Canton. Adverse circumstances as a result of noncompliance with these regulations will be at the cost of the Permit Holder or designated contractor/sub. For Demolition and New Construction Permits: Applicant must present this application to the Canton Water Department for signature before submitting to Planning& Zoning. Reviewed by Canton Water Department on: (date) By: (Water Dept. Clerk signature) 2 The layout shown below represents your lot. The dimensions of your lot, width and depth are required to be shown on the layout. Show the location of existing buildings on the lot, the footage from the four property lines, the location of the proposed building with the footage from the four property lines for the new construction. Also show any street and/or alley adjacent to the property as well as a North arrow. The research and location of all easements (e.g. sewer, electric, telephone, gas, water, etc.) is the responsibility of the property owner. SKETCH ALL STRUCTURES ON THE PROPERTY WITH DIMENSIONS AND SETBACKS (IMPORTANT: Setback footage from property lines should be accurate) Configuration (5) 2 Panel V-Type 6. 13• E e 17 f A 6' A 1 A =Momber of Vertical Supports B— Sign Face Width C = Sign Face Height D = Height to Bottom Molding E = Height to Fop of Sign I have carefully read this application and understand and agree to abide by all provisions of the City of Canton's Municipal Code and all of the State of Illinois laws. Further, I agree and understand that the permit issued may be revoked without notice on any breach of representation or conditions. ao(y IG&O"C{wa 07-31-2024 Signature of Owner or Authorized Agent Date 3 '— a - j�4 t gal I =� a� e k a i I 1 I I 1 � `I q I 3 t k PROPOSED SIGN LOCATION 1 SEE MAGNIFIED VIEW THIS SHEET l II bTv 102 ♦ 4 pi406 i y 1 , "• POIN LA' e r � y p r y ~`. ♦ e p alpo O ro---- O a ,, Signature Certificate Reference number: JMHB7-SBP2T-PJWBP-IYYDN Signer Timestamp Signature Cody Giebelhausen Email:cody@lahoodrealestate.com Sent 31 Jul 2024 14:50:15 UTC ----- - -- - - Signed: 31 Jul 2024 14:50:15 UTC IP address:98.214.110.175 Location:East Peoria,United States Document completed by all parties on: 31 Jul 2024 14:50:15 UTC Page 1 of 1 Signed with PandaDoc •r PandaDoc is a document workflow and certified eSignature solution trusted by 50,000+companies worldwide. ❑t