HomeMy WebLinkAboutOrdinance # 1937ORDINANCE NO. 1937
AN ORDINANCE AMENDING CHAPTER 14 (OFF STREET PARKING AND
LOADING REQUIREMENTS) OF TITLE 10 (ZONING) OF THE CANTON
MUNICIPAL CODE
WHEREAS, the Illinois Municipal Code grants the corporate authorities power to
generally regulate control over buildings and construction; and
WHEREAS, Section 5/11-30-8 of the Illinois Municipal Code, specifically, grants the
corporate authorities power to "prescribe rules and regulations for grading and draining of lots
and construction of (1) pavingfor motor vehicle driveways and parking areas, (2) terraces, (3)
retaining walls of masonry and other materials and for preserving drainage channels in
connection with building improvements or without such improvements"; and
WHEREAS, the corporate authorities of the City of Canton adopted Ordinance No. 567
in November of 1976 (codified in the Canton Municipal Code as 10-14-1(E)) which states
"parking in R-3, R-4, B-1, B-2, B-3 and I districts and that required for churches and assembly
places shall be paved"; and
WHEREAS, instances ofnon-conformance to Section 11-14-1(E) of the Canton
Municipal Code and a request for clarification on the definition of "paved" have been brought to
the attention of the corporate authorities; and
WHEREAS, the longevity and appearance of structures and parking throughout the City
is of vital importance in conserving and maintaining commercial property values; and
WHEREAS, the corporate authorities desire to provide clarification to any commercial
developer or affected entity on the definition of "paved"; and
WHEREAS, the corporate authorities desire that any parking that is required to be
"paved" within the meaning of 10-14-1(E) and newly constructed or improved after the effective
date of this ordinance will be expected to strictly comply with the more fully defined regulations;
and
WHEREAS, the corporate authorities strongly encourage any non-conforming parking
already constructed to comply with the definition of "paved" to conserve and maintain their
commercial property values; and
WHEREAS, based on the foregoing the Legal and Ordinance Committee has determined
that it is necessary and in the best interests of the citizens of Canton, Illinois to amend Chapter
14 (Off Street Parking and Loading Requirements) of Title 10 (Zoning) of the Canton Municipal
Code, and
WHEREAS, the City Council has made a similar determination.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Canton,
Illinois, as follows:
SECTION I: That Section 1(E) Chapter 14 of Title 10 of the Canton City Code Code be and is
hereby amended. Section 10-14-1(E) shall hereafter provide as follows with double underline
(insert) denoting inserted language and strikeout (delete) denoting deleted language:
Residential off-street parking spaces shall consist of dust-free parking
strips, driveway, or combination thereof and shall be located on the
premises they are intended to serve, not closer than three feet (3') from any
street lot line. Garages and carports shall conform to the appropriate
regulations of the zoning district in which they are located.
All required parking in R-3, R-4, B-1, B-2, B-3, and I districts and that
required for churches and assembly places shall be paved as follows:
1. A one and one-half ;nch ~t y2°') bituminous concrete surface nn a
four inch (4"1 ba e of bltu_minnn~ aaareaate m;x• nr
2. _ wo inch (2") bituminous Concrete urface on an eieht inch (8"1
e of crushed gravel or crushed stnne•
3. five inch (5"1 urface of Portl d cement concrete or tructnral
auivalent of anv of the foreaoine a determine by the Citv En ineer
These specification are minimum standards• nartiec anticipating use of
parking lots by heavy vehicle or very hieh volume of traffic shn»ld ,ise a
igher standard of pavement desien.
SECTION II: Nothing in this Ordinance shall be construed to affect any suit or proceeding
pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action
arising, acquired or existing under any act or ordinance or portion thereof hereby repealed or
amended by this ordinance; nor shall any just or legal right, claim, penalty or remedy of any
character of the corporate authority existing on the effective date hereof be lost, impaired or
affected by this Ordinance.
SECTION III: All ordinances or parts of ordinances in conflict herewith are to the extent of such
conflict, hereby repealed.
SECTION IV: If any provision, clause, sentence, paragraph, section, or part of this ordinance or
application thereof to any person, firm, corporation, public agency or circumstance, shall, for any
reason, be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said
judgment shall not affect, impair or invalidate the remainder of this ordinance and the application
of such provision to other persons, firms, corporation, or circumstances, but shall be confined in
its operation to the provision, clause, sentence, paragraph, section, or part thereof directly
involved in the controversy in which such judgment shall have been rendered and to the person,
firm, corporation, or circumstances involved. It is hereby declared to be the legislative intent of
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the corporate authorities that this ordinance would have been adopted had such unconstitutional
or invalid provision, clause, sentence, paragraph, section, or part thereof not been included
SECTION V: This ordinance shall be in full force and effect from and after its passage, approval
and publication in pamphlet form as required by law.
PASSED by the City Council of the City of Canton, Illinois and approved by the Mayor thereof
this 2nd day of JAY , 2008, upon a roll call vote as follows:
AYES: Aldermen Lewis , Stxandberg , Il~nes , Nidiffer , West: , Sarff , Berardi ,
Schenck.,
NAYS: None,
ABSENT: None
Approved:
Kevin R. Mead ,Mayor
r
Attest: ~" aJ ~~ 1
ancy es, City Clerk