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Markham City Zoning Code

C-1 NEIGHBORHOOD

SHOPPING DISTRICTS

§ 156.185 APPLICATION OF PROVISIONS.

   (A)   The following regulations in this subchapter shall apply to all C-1 Districts and shall be subject to the provisions of §§ 156.310 through 156.322, 156.335 through 156.345 and 156.360 through 156.364 of this chapter.
   (B)   The purpose of C-1 Neighborhood Shopping Districts is to allow commercial retail stores, commercial establishments, service establishments and professional offices that generate sales tax revenues, maintain the city’s property tax base, and allow for convenient locations for the members of the public in surrounding and nearby neighborhoods to shop, obtain services and conduct business. The regulations concerning the C-1 Neighborhood Shopping Districts are to be construed to prohibit all uses that are property tax exempt.
(Prior Code, § 156.145) (Ord. 17-O-2180, passed 5-17-2017)

§ 156.186 PERMITTED AND SPECIAL USES.

   (A)   The following uses are permitted in a C-1 District:
      (1)   All general commercial and retail uses which supply commodities primarily for residents of the surrounding neighborhood;
      (2)   Bakery shop (outlet);
      (3)   Barbershop or beauty parlor;
      (4)   Clothes cleaning pickup station;
      (5)   Cold storage lockers, excluding slaughtering;
      (6)   Delicatessen or meat market;
      (7)   Drugstore;
      (8)   Dry goods and notions;
      (9)   Florist;
      (10)   Grocery store;
      (11)   Hardware store;
      (12)   Laundry pickup station;
      (13)   Office business or professional;
      (14)   Restaurant, tea room, tavern (excluding dancing or similar entertainment);
      (15)   Shoe repair;
      (16)   Self-service laundry; and
      (17)   Automobile painting, upholstering, repairing, reconditioning, body and fender works. This use does not include the disassembly or removal of any parts of any automotive vehicle for resale, nor resale of the entire vehicle as junk. All automobiles leaving the premises must be in legal running condition.
   (B)   The following uses are special uses in a C-1 District:
      (1)   Where a particular C-1 District exceeds either 500 feet in its greatest linear dimension or two acres in net area (excluding streets), automobile service station for sale of gasoline, oil and minor accessories only; and where no repair work is done other than incidental service, the sale of prepackaged foods and washing of automobiles, but not including steam cleaning;
      (2)   (a)   Where a particular C-1 District exceeds either 500 feet in its greatest linear dimension or two acres in net area (excluding streets), automobile service stations may be located only at the following locations within the city:
            1.   At the corners of 159th Street and Kedzie Avenue;
            2.   159th Street and Central Park;
            3.   159th Street and Crawford Avenue;
            4.   167th Street and Dixie Highway;
            5.   167th and Kedzie Avenue; and
            6.   167th and Crawford Avenue, with no restrictions in the number of stations at any of the above locations.
         (b)   Only on the southwest corner of 159th and Spaulding Avenue and only on the northwest corner of 159th and Fransico.
      (3)   Household appliance shop.
      (4)   Cannabis dispensary.
(Prior Code, § 156.146) (Ord. 622, passed - -1966; Ord. 74-O-867, passed - -1974; Ord. 90-O-1372, passed 6-20-1990; Ord. 17-O-2180, passed 5-17-2017; Ord. 20-O-2258, passed 3-18-2020)

§ 156.187 DISTRICT RESTRICTIONS.

   The following restrictions apply to this district:
   (A)   Sales of second-hand merchandise or used merchandise is prohibited, except in those cases where application is made to the office of the Mayor for a permit for such sales. The Mayor may, in determining whether such permits shall issue, require the applicant to provide relevant information with respect to the nature of the proposed business of sale of second-hand or used merchandise, the type or types thereof, the proposed manner of display and operation and other relevant information. If the Mayor finds that the proposed enterprise is in keeping with the best interest of the city and the commercial development thereof, he or she shall issue such permit.
      (1)   Any permit for the sale of second-hand or used merchandise shall be valid for a period ending with the expiration of the then current city business license of the permittee. Application shall be made annually for such permit at the time of application for renewal of the permittee’s city business license.
      (2)   (a)   The issuance of a permit pursuant to the terms and provisions hereof shall be considered in the nature of a grant of privilege.
         (b)   In the event that any such business enterprise is conducted other than a neat and orderly fashion, or other than consistent with sightly and reasonable commercial practices, or other than consistent with the nature, character and appearance of commercial enterprises engaged in the sale at retail of new merchandise, or otherwise inconsistent with the best interest of the city and the commercial development thereof, then the Mayor may suspend the permit of said enterprises pending a hearing on the issue of whether such permit shall be permanently revoked, or other sanctions, including a fine not to exceed the sum of $500, shall be invoked.
         (c)   No such hearing shall be conducted by the Mayor, except upon written notice to the permittee not less than five days prior to the commencement of such hearing.
   (B)   All business or service or processing of stores set out in § 156.166 of this chapter, shops or businesses shall be conducted wholly within a completely enclosed building, except for automobile parking and off-street loading and sale of automotive fuel;
   (C)   Outdoor listings and displays are prohibited in any yard;
   (D)   The repair or processing of goods shall be limited to those which are not objectionable by reason of odor, dust, smoke, noise, vibration, heat or glare or water-carried waste;
   (E)   No more than two persons shall be engaged in fabrication, repair and processing of materials; except that, this provision shall not apply to the preparation of food in restaurants, cafés or soda fountains;
   (F)   All products produced, whether primary or incidental, shall be sold at retail on the premises where produced;
   (G)   Outside storage of materials or supplies is prohibited;
   (H)   Any lighting must be so placed as to reflect the light away from lots in residential districts; and
   (I)   No land or building shall be used or occupied as a motor freight terminal.
(Prior Code, § 156.147) (Ord. 81-O-1059, passed 5-18-1981)

§ 156.188 RESIDENTIAL YARDS.

   Any residential use shall maintain the same yards required in this subchapter for an R-3 District, except where dwelling units occupy the upper floor of a building, the ground floor of which is used for business, the minimum depth of the front yard shall be ten feet except as otherwise provided under this subchapter.
(Prior Code, § 156.148)

§ 156.189 BUSINESS YARDS.

   (A)   Each main building, or portion thereof, serving as a business shall have a front yard of not less than ten feet in depth; except that, no front yard shall be required for any lot or lots in a block already partially occupied with business buildings where no front yard or yards have been provided.
   (B)   There shall be a rear yard of not less than 25% of the depth of the lot, but such rear yard need not exceed 25 feet in depth.
   (C)   A side yard is not required, except where such use abuts upon the side of a lot in an R District, in which case there shall be a side yard on the lot in the C-1 District, the same as specified for the adjacent R District, and in addition shall be fenced and screened from view from any adjoining lot in the R District.
   (D)   Where the rear lot line of a corner lot in a C-1 District is in common with or separated only by an alley from any line of a lot in a residence district, a ten-foot side yard on the street side of such C-1 lot shall be provided.
(Prior Code, § 156.149)

§ 156.190 BUILDING HEIGHT LIMITATION.

   No building shall be erected or altered to exceed 30 feet in height.
(Prior Code, § 156.150)