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53
railroad, are required to be located at a minimum distance Container Storage Zoning Ordinance
of 250 feet from the railroad right-of-way.
· The avoidance of building minor streets immediately As major intermodal hubs grow, the need for storage of
adjacent and parallel to railroad right-of-way. cargo containers also grows. In 2006, it was expected that
· When a lot within land divisions backs onto the railroad
at least another 200 acres would be needed for future cargo
container storage in the Joliet Intermodal Center south of
right-of-way, then there is a required planting strip (land-
Chicago in Will County. In site project development, it was
scape bufferyard easement) of at least 35 feet in addition
noted that both users of the intermodal facilities and neigh-
to the normal lot depth. The planting strip is incorporated
bors of the facilities (e.g., residential) would ideally like to
into the platted lot but must include the following written
see any cargo container facilities located as close as possible
restriction on the face of the plat: "Landscape Bufferyard
to the intermodal facilities. It was further noted that not only
Easement: This strip is reserved for the planting of trees
would such a location enhance the efficiency of intermodal
and shrubs. The building of structures is prohibited."
operations, but it would minimize the negative impacts on
(Town of Empire, Wisconsin 2010)
surrounding areas (Will County, Illinois 2006).
As a consequence, in 2006, Will County developed a model
There are many examples of buffer zones being created ordinance for the storage of containers that is designed to
around airports, and where airports have purchased property avoid or mitigate conflicts with other land uses and also
to create better landing approach zones and reduce the number allows for anticipated future needs for cargo container stor-
of properties that are close to the airport. Ports also have age (Will County, Illinois 2006). The model ordinance was
created buffer zones through the use of yard re-development expected to serve as a template for governmental units within
plans and through the purchase of property. The Port of the county to use as they draft or revise their own ordinances.
Panama City in Florida, for example, has some modest prob- The model ordinance also was accompanied by a Cargo
lems with encroachment on the east side of the port. There is Container Facility Checklist that could be used by county
significant residential development and, for a long time, the staffers. Among other things, the model ordinance addresses
port has had a policy of buying out homes on the eastern side typical encroachment issues such as location of facilities,
and demolishing houses in order to create a buffer zone. This distances from other land uses, noise and lighting issues, and
process has been going on for at least 10 years. The policy screening and landscaping requirements.
started with the intention of using these properties for future
port expansion. However, as the port continued to develop,
it became clear that the highest value for this property was to
Restricted Hours for Truck Activities
provide a buffer so that future problems with land-use conflicts Other communities also have implemented special hours
would not arise. for loading and unloading of trucks. For example, Peoria,
Buffer zones are not a perfect solution for every problem. Arizona, has made it unlawful to operate a truck on certain
California's Air Resources Board (CARB) reviewed various designated roadways between 9 p.m. and 5 a.m. Violations of
options for using "generic buffer zones" around rail yards this ordinance can result in a $250 fine (City of Peoria 2005).
and port facilities (Tuck 2004). The California Council for
Environmental and Economic Balance (CCEEB), in a review Delineating Truck Routes, Including
session for CARB, noted that community residents and busi- Routes for Hazardous Materials
nesses have an interest in ensuring that local governments
do not create incompatible land uses in the future through Some cities also specify truck routes based on weight, height,
today's land-use control practices. CCEEB reviewed the or other community concerns. It should be noted that these
option of using buffer zones for different land-use source routes are advisory only and are not regulatory.
categories based on worst-case assumptions. CCEEB noted Many of the large ports in the United States have created spe-
that determining an appropriate distance limitation in cific programs to reduce conflicts between local communities
light of site-specific factors presents multiple challenges and the drayage trucks that access their facilities. For example,
and outcomes. Most importantly, using overly generic the Port of Los Angeles requires all of its port drayage service
buffer zones around specific land uses based on worst-case concession to demonstrate compliance with truck routes and
assumptions can lead to zoning that is more stringent than parking restrictions. Licensed motor carriers (LMCs) that apply
required, wastes land, limits tax revenues, and takes land away to become concessionaires
from needed social and economic purposes (Tuck 2004). ... shall submit for approval by the Concession Administra-
Similar criticisms also were discussed in reviews of Baltimore's tor, an off-street parking plan that includes off-street parking
MIZOD. location(s) for all Permitted Trucks. Concessionaire shall ensure