HomeMy WebLinkAboutOrdinance #4302 ORDINANCE NO. 3/2a,,7
AN ORDINANCE AMENDING THE TEXT OF TITLE 10,CHAPTER 10 OF THE
CANTON MUNICIPAL CODE TO PERMIT MICROBREWERIES AND WINERIES AS
A SPECIAL USE WITHIN A CENTRAL BUSINESS DISTRICT (B-3)
WHEREAS,the City of Canton, Fulton County, Illinois (the "City"), is a non-home rule
unit of government; and
WHEREAS, on or about August 3, 2021, the City amended the Canton Municipal Code
(the"Code")to allow microbreweries and wineries within the City (See Ordinance No. 4246);
WHEREAS,it is anticipated that microbreweries and wineries, as defined in Section 3-8-
1 of the Code, will produce, sell, store, and/or distribute wine and beer for off-premises
consumption;
WHEREAS,it is also anticipated that microbreweries and wineries will serve food and/or
drink for consumption on premises or sell wine or beer at retail for off-premises consumption,
which is consistent with other permitted uses in Local Commercial Districts (B-1) and/or Central
Business Districts (B-3);
WHEREAS, the current zoning regulations of the City do not permit the manufacturing
and distribution of beer or wine for off-premises consumption in a Central Business District (`B-
3,5);
WHEREAS, the corporate authorities of the City believe it to be in the best interests of'
the City of Canton to allow microbreweries and wineries in a B-3 zoning district,provided a special
use permit is obtained after considering any unique problems with respect to their impact upon
neighboring property or public facilities; and
WHEREAS, due to the foregoing, the corporate authorities of the City requested that the
Joint Planning and Zoning Commission (the'Commission") make recommendations regarding
proposed textual amendments to the City's Zoning Code as set forth herein; and
WHEREAS, a public hearing on the requested textual amendments were held before the
Commission on September , 2022, in the manner prescribed by the City's Municipal
Code and by Illinois law; and
WHEREAS, after holding such public hearings, the Commission has recommended the
adoption of the textual amendments as requested by the corporate authorities; and
WHEREAS,the corporate authorities of the City have determined that it is necessary and
in the best interest to amend the Zoning Regulations to permit microbreweries and wineries, as
defined in Section 3-8-1 of the Canton Municipal Code, but only after obtaining a special use
permit.
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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 fords as fact the recitals set forth above and are incorporated
herein as though fully set forth;
Section 2. That Section 10-10-3 of the Canton Municipal Code is hereby amended to include the
following as a special use exception:
Microbreweries and wineries, as said businesses are defined in Section 3-8-1 of this Code.
Section 3.Nothing in this Ordinance is intended to modify, replace, or supersede any provisions
contained in Title 3, Chapter 10 of the Canton Municipal Code. Licenses shall still be required
pursuant to said Chapter.
Section 4. This Ordinance shall be in full force and effective immediately upon its passage by the
City Council of the City of Canton and approval by the Mayor thereof.
PASSED AND APPROVED THIS day of October,2022.
AYES:
NAYS:
ABSENT:
APPROVED:
By:
Kent McDowell, Mayor
ATTEST:
Andrea J. Smith-Walters,Acting City Clerk
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