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HomeMy WebLinkAboutOrdinance #4393 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 FEBRUARY 20. 2024, the City Council of such municipality passed and approved Ordinance #4393 entitled: AN ORDINANCE APPROVING THE ZONING RELATED TO AN APPLICATION FROM CODY GIEBELHAUSEN AND CIVIC DIGITAL DISPLAYS, LLC FOR A DIGITAL BILLBOARD SIGN ON 5T" AVENUE The ordinance attached is a true and correct copy of the ordinance adopted by Canton City Council. DATED AT CANTON, ILLINOIS, THIS 20TH DAY OF FEBRUARY, 2024 Seal - ndi Smith-Walters, City Clerk ity of Canton, Illinois ORDINANCE NO. 4393 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 February 12, 2024, Cody Giebelhausen and Civic Digital Displays, LLC (collectively,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 1 (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 Developer. 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 (approved by Ordinance No. 4359) (the "Agreement"), the Subject Property will be conveyed to the City. Thereafter, pursuant to the Agreement, the City and the Developer will enter 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; 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 fords as fact the recitals set forth above and are incorporated herein as though fully set forth. Section 2.For purposes of Section 10-1 5-24(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: 1 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. 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 20th day of February, 2024. AYES: Alderpersons Chamberlin, Grimm,Lovell,Hale, Gossett, Ketcham NAYS:None ABSENT: Alderpersons Lingenfelter,Nelson APPROV D: By: KI 4�4. Kent c owell, or ATTEST: Brea-J. S ith-Walters, City Clerk 3 EXHIBIT A Legal Description Parcel 1: Lot Number 19 in Fishers Addition to the City of Canton,County of Fulton and State of Illinois. Commonly known as 723 S.5th Avenue,Canton,IL 61520 PIN:09-08-35-120-002 Parcel 2: Lot Number 20 in Fishers Addition to the City of Canton,situated in Fulton County,Illinois. Commonly known as 731 S.5th Avenue,Canton,IL 61520 PIN.09-08-35-120-003 Parcel 3: Lot 21 in Fishers Addition to Canton,Fulton County,Illinois. Commonly known as 745 S.5th Avenue,Canton,IL 61520 PIN:09-08-35-120-004 Parcel 4: TRACT 1: Lot 22 in Fishers Addition to the City of Canton,County of Fulton and State of Illinois. TRACT 2: Lot 23 in Fishers Addition to the City of Canton,County of Fulton and State of Illinois. TRACT 3: A part of the Northwest Quarter of Section 35,Township 7 North,Range 4 East of the Fourth Principal Meridian,Fulton County,State of Illinois,described in detail as follows: Beginning at a found iron pin,said pin being the Northeast corner of Lot 24 in Fisher's Addition in the City of Canton,Illinois, and being recorded in Plat Book 2,page 31,at the Fulton County Recorder's Office and being 73.61 feet normally distant northerly of the centerline of FAP 689 IL Rte 9;thence South 01 degrees 12 minutes 40 seconds West along the East line of said Lot 24,a distance of 30.46 feet to a set iron pin with cap,said point being on the proposed right of way line and being 43.16 feet normally distant northerly of said centerline;thence South 89 degrees 54 minutes 26 seconds West along said proposed right of way line,75.06 feet to a found iron pin,said iron pin being 43.06 feet normally distant northerly from said centerline;thence North 01 degrees 15 minutes 43 seconds East along said proposed right of way line 30.46 feet to a found iron pin,said iron pin being on the North line of said Lot 24 and being 73.51 feet normally distant northerly from said centerline;thence North 89 degrees 54 minutes 26 seconds East along the said North line,75.04 feet to the point of beginning. Commonly known as 753 S.5th Avenue,Canton,IL 61520 PINS:09-08-35-120-005;09-08-35-120-006;09-08-35-120-020 17 EXHIBIT B 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. ❑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) ❑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 ivic Digital Displays, LLC Series CantorAddress: 1200 E Washington St, East Peoria 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: 753 S Fifth Ave, Canton Subdivision: (Any subdivision covenants that apply are the individual's responsibility) Zoning Classification: B-2 Estimated cost of project: $ 300,000 State Roofing License # (required if Contractor performs work) 1 Fee Scale Estimated Cost of Proiect 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 1st$2,000+$6.00 for ea.additional$1,000 or fraction of to&including$25,000 $25,000.01 -$50,000.00 $170 for 1st$25,000+$4.50 for ea.additional$1,000 or fraction of to&including$50,000 $50,000.01 -$100,000.00 $283 for 1st$50,000+$3.00 for ea.additional$1,000 or fraction of to&including$100,000 $100,000.01 and up $433 for 1st$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) See Attachments Configuration (5) 2 Pane! V-Type T 6• Z i 13' e B 12' D 6' A 1 A=Number of Vertical Supports. B=Sign Face Width C=Sign Face Height. D= Height to Bottom Molding E=Height to Top 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. Signature of Owner or Authorized Agent Date 3 MAGNIFIED VIEW OF PROPOSED SIGN LOCATION v z a 9"r l f is W yr O .�a, ■ I z UJI F o� a• FUj k :: 2co ,;, '..�'�•��� � ' • Y n - �- gM15TNA RiLN0 I �7 r a U) H o c.lc o i U t _ V - "t U y v \ // ,• ((g�tlT _ F�71 Y. WINfU1T IN AC-R-LI')lAM0IE SIC-ld'40t-I IEQENQ - Nvn/� • AN�pL�OND.00di0QNIT N3}. .. ... \,\ • 1 � dt...�l<MY O b 6PO1-]d34- r—t.OQ--�Q dNEN310N LINE -. l .. • a. --.. -�_ ."lYfiM*, ��wF41fYY'w' I/�� I .t+�1-y� ' OTjT � .�,-�.._ 1 04�srirt runevvsrzw�mawoww .. \ � rmmoemurtcw+e.mw uwrxwrsr ra--- r 4Q'�'-0fl]c 5Q'�Ot'-9fla8' rxe w�v+ceR M'�°w�ui n°.murr�w�¢� 25' tl s y.. s . -- — — CaoMiru,Q TQbb . ... .. .. 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