Markham City Zoning Code
L-3 MOTOR
FREIGHT TERMINAL DISTRICTS
§ 156.260 APPLICATION OF PROVISIONS.
The following definitions and regulations shall apply to all L-3 Districts.
(Prior Code, § 156.210)
§ 156.261 USE OF DISTRICT DESCRIBED.
A motor freight terminal district is a use designed to accommodate large scale trucking terminal operations on a minimum of 18 acres of land and involving intrastate and interstate motor carriers, which activities are incompatible with the great majority of other land uses and so are suitably placed in a zoning district most compatible to such use and in a strategic location for efficient coordination with the city’s planned streets and the county and state thoroughfare and highway system.
(Prior Code, § 156.211) (Ord. 96-O-1564, passed 2-7-1996)
§ 156.262 MOTOR FREIGHT TERMINAL USE DEFINED.
As a use specifically permitted in this subchapter, a MOTOR FREIGHT TERMINAL DISTRICT is a building or buildings on an area of not less than 18 acres or an area of not less than 18 acres in which freight brought by motor truck is assembled and/or stored for outing in intrastate and interstate shipment by motor truck.
(Prior Code, § 156.212) (Ord. 96-O-1564, passed 2-7-1996)
§ 156.263 PERMITTED USES.
A building or premises shall be used only for the following purposes in the L-3 Motor Freight Terminal District:
(A) Any use permitted in a C-1, C-2, L-1 and L-2 District other than new residential use;
(B) Public utility and public services including uses such as, bus terminals, off-the-street bus turnaround, bus garages and bus lots;
(C) Automobile service stations for the retail sale and dispensing of fuel, lubricants, tires, batteries, accessories and supplies, including installation and minor services customarily incidental thereto. Facilities for chassis and gear lubrication and for washing are permitted only if enclosed in a building;
(D) Battery and service stations;
(E) Cartage and express facilities;
(F) Dwelling units for watchmen and their families located on premises where they are employed in such capacity;
(G) Garages and parking, auto and truck;
(H) Hotels and lodging houses;
(I) Motor freight terminal warehouses and repair shops;
(J) Motor vehicle service shops for passenger and commercial vehicles, including body repair, automobile painting and engine rebuilding;
(K) Packing and crating facilities;
(L) Parcel delivery stations; and
(M) Special uses, as:
(1) Heliports;
(2) Signs as follows.
(a) In an L-3 District, business and advertising signs are permitted without restriction; except that, the roof signs shall not project higher than 50 feet from the curb level, except as otherwise provided in this section, and except as near public parks, major routes and residence districts.
(b) No signs shall be permitted within 400 feet of public parks or main roadways (exclusive of access drives), of specified major routes if the face thereof is visible therefrom and advertising signs located at greater distance than 400 feet from such public parks, main roadways or major roads and visible therefrom shall not exceed in gross area in square feet one-two-hundredths times the square of the distance of such advertising signs from said public parks, main roadways or major routes.
1. The designated 400 feet shall be measured from the centerline of the streets bounding public parks or the boundary line of such public parks.
2. For the purposes of this section, parks and major routes shall include public parks of five or more acres in area and all expressways and toll roads.
(c) No advertising signs shall be permitted within 75 feet of any property in a residential district.
(3) Cannabis dispensaries;
(4) Cannabis craft growers;
(5) Cannabis cultivation centers;
(6) Cannabis infusers;
(7) Cannabis processors; and
(8) Cannabis transporters.
(Prior Code, § 156.213) (Ord. 20-O-2258, passed 3-18-2020)
§ 156.264 AREA REGULATIONS.
The owner of any tract of land within an L-3 area, comprising not less than 18 acres may submit to the Planning and Zoning Board of Appeals of the city, a plan for the use and development of the land, primarily for a motor freight terminal area, which plan shall be processed in the manner prescribed in §§ 156.375 and 156.376 of this chapter, and may be approved if the report of the city’s Plan Commission shows that:
(A) The proposed motor freight terminal use involves an area of not less than 18 acres;
(B) The area adjoins or is adjacent to existing or contemplated highways, expressways, superhighways or superhighway systems, or on truck routes where adequate paving is available for the carrying of heavy loads and easily accessible to such highways, expressways or superhighways;
(C) The proposed use will not create nuisances to adjoining districts by virtue of traffic conditions, inadequacy of streets, paving and accessibility to the state and federal systems used in the conduct of the trucking business;
(D) The proposed motor freight terminal use is consistent with the intent of the zoning regulations of the city to promote public health, safety and general welfare; and
(E) The proposed motor freight terminal use provides that no building, structure or other obstruction, except as allowed under this subchapter, nor any off-street loading or unloading operation shall be located within 100 feet of the boundary of any residential district, nor within 50 feet of the boundary of any business or commercial district, unless such building, structure or other obstruction is devoted to a permitted use other than motor freight terminal, in which case such other provisions under the zoning regulations applicable to such use shall be enforced.
(Prior Code, § 156.214) (Ord. 96-O-1564, passed 2-7-1996)
§ 156.265 ACCESSORY BUILDING OR USE.
An ACCESSORY BUILDING OR USE, for the purposes of this subchapter is one that:
(A) Is subordinate to and serves a principle building or present use;
(B) Is subordinate in area, extent or purpose to the principal building or use served;
(C) Contributes to the comfort, convenience or necessity of occupancy of the principal building or use served; and
(D) Is located on the same lot or area as the use served.
(Prior Code, § 156.215)
§ 156.266 ISSUANCE OF PERMITS.
If the Planning and Zoning Board of Appeals approved the proposed motor freight terminal area plan, permits shall be issued as prescribed in this chapter.
(Prior Code, § 156.216)
§ 156.267 SPECIAL PERMIT USE FOR HOT MIX ASPHALT MANUFACTURING AND CONSTRUCTION CONTRACTORS WITH OUTDOOR STORAGE FACILITY.
Pursuant to a special permit as set forth below, the following use to be known as the hot mix asphalt manufacturing and construction contractors facility use may be permitted in the L-3 Motor Freight Terminal District:
(A) Manufacture, production, processing and construction with hot mix asphalt and hot mix asphalt related products;
(B) Manufacture, production, processing and construction with portland cement including operation of a ready mix portland cement plant;
(C) Preparation and processing of aggregate mineral products including, but not limited to, portland concrete cement, crushed stone, recycled concrete and recycled asphalt products; and
(D) The outdoor storage of raw materials and products related to or part of the hot mix asphalt manufacturing or construction process including, but not limited to, the storage of recycled concrete and recycled asphalt products, stone, sand, gravel and asphalt products.
(Prior Code, § 156.217) (Ord. 96-O-1564, passed 2-7-1996)
§ 156.268 METHOD OF GRANTING SPECIAL PERMIT USE FOR HOT MIX ASPHALT MANUFACTURING AND CONSTRUCTION CONTRACTORS WITH OUTDOOR STORAGE FACILITY.
(A) Authority. The City Council may, in accordance with the procedures and standards set out in this section and by ordinance duly adopted, grant a special permit authorizing the use as a hot mix asphalt manufacturing and construction facility with outdoor storage.
(B) Purpose. Special permit uses are those uses having some special impact or uniqueness that require a careful review of their location, design, configuration and special impact to determine the desirability of permitting their establishment on any given site. They are uses that may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect.
(C) Parties entitled to seek special permits. An application for a special permit may be filed by the owner of, or any person having a contractual interest in, the subject property.
(D) Standards for special permits.
(1) General standards. No special permit for hot mix asphalt manufacturing and construction contractor facility with outdoor storage shall be recommended or granted pursuant to this section unless the applicant shall establish that:
(a) No undue adverse impact. The proposed use, drainage and development will not have a substantial or undue adverse effect upon adjacent property, the character of the area or the public health, safety and general welfare;
(b) No interference with surrounding development. The proposed use and development will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring property in accordance with the applicable district regulations;
(c) Adequate public facilities. The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection, refuse disposal or the applicant will provide adequately for such services;
(d) No traffic congestion. The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets; and
(e) No destruction of significant features. The proposed use and development will not result in the destruction, loss or damage of natural, scenic or historic features of significant importance.
(2) Considerations. In determining whether the applicant’s evidence establishes that the foregoing standards have been met, the City Council shall consider:
(a) Public benefit. Whether, and to what extent, the proposed use and development at the particular location requested is necessary or desirable to provide a service and a facility that is in the interest of the public convenience and that will contribute to the general welfare of the neighborhood or community; and
(b) Mitigation of adverse impacts. Whether, and to what extent, all steps possible have been taken to minimize any adverse effects of the proposed use and development on the immediate vicinity through building design, site design, landscaping and screening.
(E) Conditions on special permits. The City Council may impose such conditions and limitations concerning use, construction, character, location, landscaping, screening and other matters relating to the purposes and objectives of this code upon the premises benefited by a special permit as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities. Such conditions shall be expressly set forth in the ordinance granting the special permit. Violation of any such condition or limitation shall be a violation of this code and shall constitute grounds for revocation of the special permit.
(F) Limitations on special permits.
(1) Subject to an extension of time granted by the City Council, no special permit shall be valid for a period longer than two years unless a building permit is issued and construction has actually begun within that period and is thereafter diligently pursued to completion or unless the use is commenced or has already been continued within that period.
(2) A special permit shall be deemed to authorize only the particular use for which it was issued, and such permit shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of 24 consecutive months or more.
(G) Recognition of current use.
(1) The property located at 16222 South Western Avenue, Markham, Illinois, consisting of 22.2 acres is currently being used as a hot mix asphalt manufacturing and construction contracting facility and has been used as such since 1952. That property is deemed to fulfill all the requirements of the special use permit as set forth in division (D)(1) above in that such use has demonstrated:
(a) No adverse impact;
(b) No interference with surrounding development;
(c) Adequate public facilities;
(d) No residential traffic congestion; and
(e) No destruction of significant natural, scenic or historic features.
(2) Such facility at that location is desirable to provide a local source of hot mix asphalt products for the community. All appropriate steps have been taken to mitigate any adverse impacts on the local area. As such, the use satisfies the considerations set forth in division (D)(2) above. The City Council hereby adopts a special permit for use as a hot mix asphalt manufacturing and construction contractors facility to the property located at 16222 South Western Avenue, Markham, Illinois, without conditions or special limitations.
(Prior Code, § 156.218) (Ord. 96-O-1564, passed 2-7-1996)