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home : insight & opinion : letters to the editor July 3, 2020

4/27/2005 4:34:00 PM Email this articlePrint this article 
Zoning request is inappropriate
Editor:

A request for zoning change for property at 501 S. Webster from C-1 (light commercial) to I-2 (medium industrial) has been filed by Clark Pulliam and will be reviewed at the May 2 meeting, time 7 p.m. If granted the property could be used for a crematory or any other medium-industrial uses.

Medium-industrial uses are “industrial and related uses that may produce greater adverse environmental effects than light industrial uses” or greater adverse effects than “C” zoning. Medium Industrial is “any use consisting of assembly, cleaning, compounding, distillation, manufacturing, packaging, processing, reclamation, reconditioning, refinishing, repair, servicing, testing, or treatment facilities, except uses that are: allowed only in (special medium industrial use) category.” Crematories are a special-use category even in medium industrial. Producing a “greater adverse environment” is not consistent with the surrounding area and would not benefit owners of the surrounding area.

All adjoining property is either residential or C-1. The zoning petition as described is an example of an illegal “spot zoning” request. Spot zoning as described by the court is ‘the process of singling out a small parcel of land for a use classification different and inconsistent with that of surrounding areas, for the benefit of the owner of such property and to the detriment of the rights of other property owners.” Illinois appellate courts as well as other states have held that “spot zoning” (also sometimes called “floating zoning”) is inconsistent with a city or county’s “master” zoning plan; that zoning plans are designed to provide predictable and manageable economic growth and compatible land uses; and exceptions, by definition, require special purpose decisions which invite further applications to make the plan increasingly irrelevant.

In general the courts say “spot zoning” as requested here cannot be justified as a basis of general welfare for the community and which is not in accordance with the zoning plan adopted by Robinson City Council. Spot zoning affects all property owners, not just those in this particular situation. Your area could be next if this spot zoning was allowed.

In view of this inconsistent use and zone request please contact zoning members and aldermen and make plans to attend the May 2 zoning meeting as well as the city council meeting May 10.

Sandy Millsap

Robinson



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