Markham City Zoning Code
SPECIAL USES
§ 156.390 PURPOSE.
(A) The principal objective of this subchapter is to provide for an orderly arrangement of compatible buildings and land uses and for the proper location of all types of uses required for the social and economic welfare of the city. To accomplish this objective, each type and kind of use is classified as permitted in one or more of the various districts established by this chapter. However, in addition to those uses specifically classified and permitted in each district, there are certain additional uses which it may be necessary to allow because of their unusual characteristics or the service they provide the public.
(B) Such special uses fall into the following categories:
(1) Uses publicly operated or traditionally affected with a public interest;
(2) Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities;
(3) A “planned development” which is a tract of land developed as a unit under single ownership or control, includes two or more principal uses, and is at least four acres in area, except for planned developments operated by a municipal corporation which shall be at least two acres in area;
(4) Drive-in theaters;
(5) Uses to which a high volume of traffic, either vehicular or pedestrian or both, are attached;
(6) The sale of used autos other than as allowed under C-2 zoning;
(7) Privately operated utilities; and
(8) Cannabis businesses.
(Prior Code, § 156.315) (Ord. 72-O-793, passed - -1972; Ord. 78-O-993, passed 11-6-1978; Ord. 20-O-2258, passed 3-18-2020)
§ 156.391 AUTHORIZATION.
(A) The purpose of special uses is to provide for uses which are deemed necessary or desirable for the public welfare or convenience within a given district, but which are of a different character than the typical uses therein permitted.
(B) Special uses shall be authorized by the City Council; provided that, no application for a special use shall be acted upon by the City Council until after a written report and recommendation is prepared and forwarded to the City Council by the Plan Commission.
(C) In case of a special use, the City Council may authorize modification or abrogation of any provision of this chapter or any provision of any and all other ordinances concerning building and development of the property under a special use classification.
(Prior Code, § 156.316) (Ord. 72-O-793, passed - -1972)
§ 156.392 APPLICATION FOR PERMIT; ADDITIONAL REQUIREMENT FOR PLANNED DEVELOPMENT.
(A) An application for a special use permit verified by the owner or the authorized agent of the owner shall be filed with the City Clerk, directed to the attention of the Plan Commission, in such form and accompanied by such information as required by the Plan Commission. Each application shall contain a legal description of the property, the common address of the property, a description of the proposed various land uses, the intended location of each land use, the proposed average density, the proposed height of the various types of structures, the percentage of the total area intended to be covered by buildings, all proposed bulk variations, all proposed subdivision variations, minimum lot sizes for each type of land use and such other matters as the Plan Commission or the City Council may require.
(B) The following shall be additional requirements for planned development.
(1) If the application for a special use classification is for a planned development, in addition to the requirements of this chapter, for procedural purposes, a planned development project shall be treated as a subdivision and the procedure for subdivision approval as set forth in the subdivision regulations in Ch. 154 of this code of ordinances shall be followed in its entirety.
(2) It is recommended that the applicant for a planned development project meet with the Plan Commission informally prior to submission of the tentative plan to determine whether his or her proposal will conform with all applicable elements of the Comprehensive Plan.
(3) A tentative plat of the planned development project shall be submitted as required by the subdivision regulations. Additional supporting material beyond that required by the subdivision regulations for the tentative plat shall include the following:
(a) Explanation of the character of the planned development project and the manner in which it has been planned to take advantage of the flexibility of these regulations;
(b) Statement of present and proposed ownership of all land within the project;
(c) Development schedule indicating stages in which project will be built with emphasis on area, density, use, and public facilities such as open space to be developed with each stage. Overall design of each stage may be shown on the plat and through supporting graphic material, or a statement of the conditions and limitations which will control the detailed design of the final plat for each stage shall be included. Approximate dates for beginning and completion of each stage shall be included; and
(d) Agreements, provisions or covenants which will govern the use, maintenance and continued protection of the planned development project, especially its common open space.
(Prior Code, § 156.317) (Ord. 72-O-793, passed - -1972)
§ 156.393 HEARINGS ON APPLICATIONS; NOTICE OF HEARINGS.
The Plan Commission shall hold a public hearing on each application for a special use permit. Notice of the time and place of the hearing shall be published in a newspaper of general circulation in the city not less than 15 days before such hearing. Each notice shall contain a legal description of the property, the common street address of the property, the proposed various land uses and the intended location of each, the proposed average density and the proposed height of the various types of structures.
(Prior Code, § 156.318) (Ord. 72-O-793, passed - -1972)
§ 156.394 FINDINGS OF FACT AND RECOMMENDATION OF PLAN COMMISSION.
(A) Within 60 days after the close of the hearing on a proposed special use classification, the Plan Commission shall make written findings of fact and shall submit same together with its recommendation to the City Council. The Plan Commission shall make findings based upon the evidence presented to it in each respective case with respect to the following matters:
(1) Existing uses of property within the general area of the property in question;
(2) The zoning classification of property within the general area of the property in question;
(3) The suitability of the property in question for the uses permitted under the existing zoning classification;
(4) The trend of development, if any, in the general area of the property in question, including changes, if any, which may have taken place since the day the property in question was placed in its present zoning classification;
(5) The public or community need for the special use requested (as distinguished from private need or benefit of the property owner);
(6) The favorable or unfavorable impact of the project as proposed for the special use upon the surrounding area;
(7) The favorable or unfavorable impact of the proposed development on the following:
(a) The school system;
(b) The Police Department;
(c) The Fire Department;
(d) The water system as it presently exists;
(e) The sanitary sewer system as it presently exists;
(f) The storm sewer system as it presently exists; and
(g) Accessibility to major streets or highways without creating traffic on presently existing residential streets.
(8) The balanced mix of dwelling units (single-family, multiple or condominium);
(9) The percentage of land to be retained as common open space;
(10) The provisions that are made for community and residential facilities in common open space;
(11) The consideration given to the arrangement of buildings and other structures with regard to providing for circulation, light, air and visual form;
(12) Construction standards, types and design;
(13) The density of the proposed development with regard to the number of units per acre, the mix of one-bedroom, two-bedroom, three-bedroom and four-bedroom units and the percentage of floor space in relation to the total land area;
(14) What provisions are made for dedication of public land or cash equivalent for public purposes;
(15) What provisions are made for the support, operation and maintenance of common open space and all facilities installed thereon to the end that the same shall not become a burden upon the general public; and
(16) What provision is made for adequate off-street parking.
(B) The Plan Commission shall not recommend the issuance of the requested special use permit unless it finds that the issuance of such special use permit is in the public interest and is not solely for the interest of the applicant.
(Prior Code, § 156.319) (Ord. 72-O-793, passed - -1972)
§ 156.395 STANDARDS FOR ISSUANCE OF SPECIAL USE PERMIT.
The City Council may authorize the issuance of a special use permit and modify or abrogate the provisions of any conflicting ordinance of the city relating to the building or development of the special use property; provided, the Council finds that:
(A) The proposed use at the particular location requested is either necessary or desirable in order to provide a service or a facility which is in the interest of public need and convenience and which will contribute to the general welfare of the community;
(B) Such use is so designed, located and proposed to be operated that the public health, safety and welfare will be protected;
(C) The proposed use will comply with all the regulations and conditions specified in the special use permit to be issued; and
(D) The proposed use will not cause substantial injury to the value of other property in the neighborhood in which it is located.
(Prior Code, § 156.320) (Ord. 72-O-793, passed - -1972)
§ 156.396 CONTENTS OF SPECIAL USE PERMIT.
Each special use permit shall contain all of the terms and conditions, as well as all variations granted as condition to the issuance of such special use permit.
(Prior Code, § 156.321) (Ord. 72-O-793, passed - -1972)
§ 156.397 CONDITIONS AND GUARANTEES.
Prior to the granting of any special use the Plan Commission may recommend, and the City Council shall stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements of the special use permit. In all cases in which special uses are granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, complied with.
(Prior Code, § 156.322) (Ord. 72-O-793, passed - -1972)
§ 156.398 FINAL PLATS.
(A) If the special use application is approved, final plats shall be prepared for each stage according to the development schedule.
(B) The final plat and supporting material shall show in detail the overall development plans and the use of all buildings and land, in addition to the information required by the subdivision regulations.
(C) The final plats shall conform to the tentative plat and supporting material; except that, the Plan Commission and City Council may approve minor changes without public hearing at this time which do not change the concept or intent of the development.
(D) Major changes, such as changes in density, height of buildings, reduction of proposed open space, changes in the development schedule or final governing agreements, provisions or covenants, may be approved only by resubmission of an amended application.
(Prior Code, § 156.323) (Ord. 72-O-793, passed - -1972)
§ 156.399 TIME LIMIT FOR START OF DEVELOPMENT OF PROPERTY.
(A) In any case where a special use permit is issued, unless the development of the property in accordance with the terms and conditions of the special use permit is commenced on or before 18 months from the date of the issuance of the special use permit, the special use permit shall be automatically cancelled and the property shall revert to its original state of zoning as fully as though such special use permit had never been issued.
(B) The City Council may, upon application, extend the time for the commencement of the development as, in its sole discretion, it shall deem meet.
(Prior Code, § 156.324) (Ord. 72-O-793, passed - -1972)
§ 156.400 CONTINUING CONTROL OF SPECIAL USE PROJECT.
The special use project shall be developed only according to the approved and recorded final plat and all supporting material. The recorded final plat and supporting material together with all recorded amendments shall be binding on the applicants, their successors and assigns and shall limit and control the uses of premises and location of structures in the special use project. Minor changes in the final plat during or after construction shall be accomplished by submission of a new final plat. Major changes during or after construction shall be accomplished by submission of a new tentative plat followed by the amendment procedure. The City Council shall consider the special use permit subject to revocation if construction falls more than 18 months behind schedule.
(Prior Code, § 156.325) (Ord. 72-O-793, passed - -1972)
§ 156.401 FEES.
The City Council may establish a separate schedule of fees to be charged for special use applications. The fees shall include, but not be limited to, all expenses incurred by the municipality with reference to legal publications, legal fees, engineering fees and the like. Building permits and certificates of occupancy shall be required for each structure.
(Prior Code, § 156.326) (Ord. 72-O-793, passed - -1972)
§ 156.402 ISSUANCE OF PERMITS.
The Director of Building and Housing shall base issuance on conformance with the final plat and supporting material.
(Prior Code, § 156.327) (Ord. 72-O-793, passed - -1972)