Markham City Zoning Code
GENERAL USE
REGULATIONS
§ 156.280 ESTABLISHMENT OF PERMITTED USES; CERTAIN USES PROHIBITED.
The use districts, regulations and the uses that are permitted in these use districts are established by the ordinances codified in this chapter. Any use that is not specifically permitted or analogous to those specifically permitted is declared to be a prohibited use and unlawful. A use that is not permitted in any district shall not be considered an accessory use in that district.
(Prior Code, § 156.225) Penalty, see § 156.999
§ 156.281 CONFORMANCE WITH PROVISIONS REQUIRED.
After 8-26-1956, all new buildings and other structures shall be erected and all existing buildings and other structures shall be altered, enlarged or moved, and all buildings, structures, land or premises shall be used, designed or intended to be used only in accordance with the use, height, area, yard and open space requirements of this chapter as permitted in the district in which such buildings, structures, land or premises are located.
(Prior Code, § 156.226) Penalty, see § 156.999
§ 156.282 ERECTION OF BUILDINGS AND ENCROACHMENTS.
No building shall be erected, nor shall any open space surrounding any building or otherwise required by these zoning regulations be encroached upon or reduced in any manner, except in conformity to the yard lot area, open space, building location and off-street parking and loading regulations designated for the district in which such building or open space is located.
(Prior Code, § 156.227) Penalty, see § 156.999
§ 156.283 OPEN SPACES BELONG TO ONE LOT.
No yard, court or other open space provided about any building on a lot for the purpose of complying with the provisions of these regulations shall be considered as providing a yard, court or other open space for a building on any other lot.
(Prior Code, § 156.228) Penalty, see § 156.999
§ 156.284 ACCESSORY BUILDINGS.
(A) On a through lot, no accessory building shall be erected or altered so as to encroach upon the front yard required for the lot at the nearest street, nor shall such building be closer to a side lot line than that required for a main building in that district.
(B) In any residential district, no accessory building shall be erected or altered in any rear yard such as to place any portion of the building closer than five feet from the side lot line of a contiguous lot, or so as to place any portion of the building in any public or utility easement.
(C) In any residential district, no accessory building shall be erected or altered in any rear yard such as to place any portion of the building closer than ten feet to the rear lot line or so as to place any portion of the building in a public easement.
(Prior Code, § 156.229) Penalty, see § 156.999
§ 156.285 PROJECTIONS INTO YARDS.
Every part of a required yard or court shall be open from its lowest point to the sky unobstructed; except that, architectural features, not including vertical projections, may extend or project into a required yard not more than three feet.
(Prior Code, § 156.230) Penalty, see § 156.999
§ 156.286 LOCATION OF FUEL PUMPS.
No motor fuel pumps for dispensing gasoline or diesel fuel shall be located closer than 12 feet to a street property line.
(Prior Code, § 156.231) Penalty, see § 156.999
§ 156.287 FENCES.
(A) No fence, wall or similar structure greater than four feet in height shall be installed or erected along a street or right-of-way line or between a required building line and a street or right-of-way line, as defined by this chapter (Ord. 56-O-330).
(B) No fence, wall or similar structure, wherever located, shall be built to a height greater than eight feet.
(C) No fence, wall or similar structure having a density greater than 25% shall be built, installed or erected within 20 feet of the intersection of lot lines adjacent to a street corner.
(D) No fence, wall or similar structure wherever located, shall have on top of it cyclone barbed wire, circular barbed wire or prison barbed wire.
(E) Any owner of a fence, wall or similar structure having cyclone barbed wire, circular barbed wire or prison barbed wire located on top of it at the time of passage of Ord. 95-O-1526 shall have 120 days to remove such barbed wiring from that structure.
(F) No fence, wall or similar structure shall be built, installed or erected without first obtaining a building permit in the manner herein provided for building permits for other structures.
(G) The Mayor and City Council may, after public notice and hearing, authorize a variance in the height and density of any fence or wall or similar structure and in respect to the location thereof whenever such fence, wall or similar structure is to be erected for the purpose of enclosing premises used for public utility or municipal purposes, and upon a finding that such variance is reasonably necessary for the public convenience or welfare, and with respect to other property concerning which it is found that there are practical difficulties or particular hardships in the way of carrying out the strict letter of this section.
(Prior Code, § 156.232) (Ord. 95-O-1526, passed - -1995) Penalty, see § 156.999
§ 156.288 REMOVAL OF TOPSOIL OR FILL MATERIALS PROHIBITED; GRADING PLAN.
No topsoil or fill material may be removed from any lot or parcel of land within the city, nor may the topography of the land be changed in any manner whatsoever other than that normally required for the construction of a building or other structure, except upon submittal to and approval by the City Council of a grading plan. The plan to be submitted in triplicate and drawn to a horizontal scale of one inch equals 25 feet, with profiles drawn to a scale of one inch equals five feet.
(Prior Code, § 156.233) Penalty, see § 156.999
§ 156.289 SUBDIVISION REGULATIONS TO CONFORM TO LOT REQUIREMENTS OF DISTRICT.
A large lot may be subdivided into small lots; provided, such smaller lots conform to the lot requirements of the district in which the lots are situated; however, if a lot is divided into more than two lots, the Director of Building and Housing shall not issue permits for same unless a recorded plat of such subdivision shall be filed with the County Clerk.
(Prior Code, § 156.234) Penalty, see § 156.999
§ 156.290 PROHIBITED USES IN ALL DISTRICTS.
(A) It shall be unlawful for any person, firm, corporation, organization, association or other entity to sell, or offer for sale, within any of the zoning classifications or other firearm having an overall length of less than 26 inches and a barrel length of less than 18 inches.
(B) It shall be unlawful for any person, firm, corporation, organization, association or other entity to operate, use, maintain or construct any facility for the discharge of firearms, commonly known as a shooting range or firing range.
(Prior Code, § 156.235) (Ord. 82-O-1081, passed 3-15-1982) Penalty, see § 156.999
§ 156.291 KEEPING OF DEBRIS, JUNK AND TRASH PROHIBITED
(A) Prohibited activity. No person, corporation, firm or entity owning, leasing, occupying or having charge of any premises within the jurisdiction of the city shall maintain, keep or store on such premises any debris, junk, junked vehicles, non-operational vehicles, trash or other abandoned or unused property whether permanently or pending reuse or recycling, or for sale or trade unless licensed by the city prior to 4-2-2008.
(B) Temporary storage and height limitation. A premises may be temporarily used for the storage of construction debris for the purpose of reuse, recycling or removal for a period of not more than ten days. Authority to store such material, to a height not exceeding 15 feet, for the ten-day period shall be secured from the Building Department of the city upon application in writing, prior to the delivery of such construction debris, by the person, corporation or firm owning, leasing, occupying or having charge of the premises in question.
(C) Enforcement of section. Enforcement of this section may be accomplished by the city in any manner authorized by this chapter or by law; and, in addition, any person, who by reason of a violation of this section, suffers special damages different from that suffered by other property owners may bring an action to enjoin or otherwise abate an existing violation.
(Prior Code, § 156.236) (Ord. 95-O-1543, passed 9-6-1995; Ord. 96-O-1574, passed 3-20-1996; Ord. 08-O-1916, passed 4-2-2008) Penalty, see § 156.999
§ 156.292 COMMERCIAL FENCES.
(A) It shall be unlawful for an owner, renter, lessee or lessor of commercial property within the city to erect a fence of any kind, temporary or permanent, without first obtaining a permit therefor from the Building Department of the city.
(B) Such proposed fence must meet all requirements of the Building Department.
(Prior Code, § 156.237) (Ord. 05-O-1830B, passed 4-20-2005) Penalty, see § 156.999
§ 156.293 STORM DOORS.
It shall be unlawful for any contractor, owner, entity or other person to construct structures of any sort within the corporate limits of the city or in an area subject to the jurisdiction of the Building Department of the city without the complete installation of metal storm doors at every entryway into the structure prior to completion of the construction project.
(Prior Code, § 156.238) (Ord. 05-O-1831, passed 4-20-2005) Penalty, see § 156.999
§ 156.294 GRASS SODDING.
(A) It shall be unlawful for a contractor, owner, lessee or lessor or any other person or entity which has obtained a building permit regarding property within the city and all areas subject to the jurisdiction of the Building Department of the city, to complete construction of a structure thereon, whether or not offered for sale, lease or rental or other occupancy, without the complete installation of grass sodding or other ground cover in all areas of the lot from the structure to the lot line, including the parkway, prior to the issuance by the Building Department of the city of a certificate of occupancy.
(B) Should said structure not be offered for sale, lease or occupancy, then this section must be complied with after the cessation of all substantial outside construction activity.
(C) Any bare spots remaining must be part of a planned landscaping scheme.
(Prior Code, § 156.239) (Ord. 05-O-1834, passed 6-1-2005) Penalty, see § 156.999
§ 156.295 COMMUNITY RESIDENCES.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMUNITY RESIDENCE.
(a) A single dwelling unit occupied on a permanent basis by a group of unrelated persons with handicaps and/or disabilities, plus paid professional support staff provided by a sponsoring agency either living with the residents on a 24-hour basis or available in accordance with the particular needs of the residents; is state licensed; is registered with the city; and complies with all applicable state and city codes, regulations and ordinances and with the zoning regulations for the residential district it is located.
(b) COMMUNITY RESIDENCE does not include a residence which serves as an alternative to incarceration for a criminal offense, persons whose primary reason for placement is substance or alcohol abuse or persons whose primary reason for placement is treatment of a communicable disease.
DWELLING UNIT. One or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathroom and complete single kitchen facilities permanently installed to serve the entire family shall always be included within each DWELLING UNIT.
FAMILY. An individual or married couple and the children thereof with not more then two other persons related directly to the individual or married couple by blood or marriage; or a group of not more than five unrelated persons living together as a single housekeeping unit in a dwelling unit.
HANDICAP. A physical or mental impairment which substantially limits one or more of such person’s major life activities, impairs their ability to live independently or a record of having such an impairment or being regarded as having such an impairment, but such terms does not include the current use of or addiction to a controlled substance or treatment for the use or addiction to alcohol.
PERSON WITH A DISABILITY. Any individual whose disability:
(a) Is attributable to mental, intellectual or physical impairments or a combination of mental, intellectual or physical impairments;
(b) Is likely to continue for a significant amount of time or indefinitely;
(c) Results in functional limitations in three or more of the following areas of major life activities:
1. Self-care;
2. Receptive or expressive language;
3. Learning;
4. Mobility;
5. Self direction;
6. Capacity for independent living; and/or
7. Economic self-sufficiency.
(B) Registration. Once a community residence license is issued by the state for a dwelling unit, it must register with the city’s Building and Housing Department. After the initial registration, this registration must be completed annually before the end of June of each year thereafter, and it must be updated whenever any of the information provided changes. The below information will be included in the registration:
(1) The location of the community residence;
(2) The number of persons who will be residing on the premises;
(3) The name and address of the individual and if a firm, partnership or association, the name of every member thereof and, in the case of a corporation, the principal address of the corporation and name and address of its officers who will be operating the community residence;
(4) The name of the person under whose management or supervision the community residence will be conducted; and
(5) The number, experience and training of employees of the community residence.
(C) Inspections.
(1) Every community residence shall be open at all reasonable times to inspection by the Board of Health, the Director of Building and Housings and the Fire Inspectors as often as is deemed necessary.
(2) Every community residence will be inspected once it opens, and annually every year thereafter before the end of June, and every community residence will be required to pay the inspection fee imposed by the city’s Housing Department and the fee imposed by the city’s Fire Department
(3) Whenever an inspection of a community residence discloses that the continued operation of such facility would be found to impose a public health and safety concern, the state which issued the community residence license will be immediately notified by the city.
(D) Spacing requirements. Community residences are subject to spacing requirements of one per city block. In no event shall such facilities be located closer than 1,200 feet to another as measured from the nearest property line.
(E) Zoning. Community residences are permitted uses in all the districts zoned residential.
(Ord. 11-O-1987, passed 5-18-2011)
§ 156.296 CANNABIS BUSINESSES.
(B) All cannabis business establishments must obtain a valid state license to operate.
(C) The city may require the applicant to install building enhancements such as security cameras, lighting, additional parking, or other improvements as a condition of issuing the special use permit to ensure the safety of employees and customers of the cannabis business establishments. Said improvements shall be determined based on the specific characteristics of the floor plan for a cannabis business establishment and the site on which it is located.
(D) The city may approve the co-location of an adult-use cannabis craft grower with processing organizations and/or dispensaries or co-location of infusers with craft growers and/or dispensaries, subject to the provisions of state law and the special use criteria within the city.
(E) Cannabis dispensaries:
(1) Shall not be located within 1,500 feet of another existing cannabis dispensary;
(2) Shall not contain drive-through service; and
(3) Shall not be located within 500 feet of a preexisting public or private school, daycare center, daycare home, residential care home, church or place of worship.
(F) Cannabis cultivation centers:
(1) Shall not contain more than 210,000 square feet of canopy space for plants in the flowering stage;
(2) Shall not be located within 1,500 feet of another existing cannabis craft grower or cannabis cultivation center; and
(3) Shall not be located within 500 feet of a preexisting public or private school, daycare center, daycare home, residential care home, church or place of worship.
(G) Cannabis craft growers:
(1) Shall not contain more than 5,000 square feet of canopy space for plants in the flowering stage;
(2) Shall not be located within 1,500 feet of another existing cannabis craft grower or cannabis cultivation center; and
(3) Shall not be located within 500 feet of a preexisting public or private school, daycare center, daycare home, residential care home, church or place of worship.
(H) Cannabis infusers, cannabis processors, cannabis transporters:
(1) Shall not be located within 500 feet of a preexisting public or private school, daycare center, daycare home, residential care home, church or place of worship.
(Ord. 20-O-2258, passed 3-18-2020)