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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. 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