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Skokie City Zoning Code

ARTICLE V

- SPECIFIC USE REGULATIONS

Sec. 118-90.- Adult uses.

(a)

No adult use may be located within 200' of any of the following uses: religious assembly, schools with students primarily under the age of 18 including the school's open space and parking areas, day care centers for children, parks, public recreation facilities, and libraries and archives.

(b)

An adult use may not be located closer than 500' to another adult use as from outside walls of the use.

(c)

Such distances shall be measured from the nearest point along the lot line of the site or location to the nearest point along the other lot line or site location, in a straight line without regard to intervening structures, topography, and zoning.

(d)

An adult use is prohibited from being a home occupation.

(e)

Advertisements, displays, or other promotion of adult materials or products must not be visible to the public from pedestrian sidewalks, walkways, or other public or semipublic areas, including any interior areas of the adult use which may be open to minors.

(f)

All building openings, entries, windows, etc., shall be located, covered or screened in such a manner as to prevent a view into the interior from any public or semipublic area.

(Ord. No. 19-4-C-4451, § 1, 4-15-2019)

Sec. 118-91. - Home occupations.

(a)

General. A home occupation is permitted in all residences provided the home occupation is clearly and obviously subordinate to the residence use. A home occupation must be conducted wholly within the principal building on the premises.

(b)

Conditions.

(1)

Other than resident occupants in the residence, no more than one person may be employed or working in the home occupation.

(2)

The home occupation does not exceed 15% of the floor area of the principal building.

(3)

The home occupation does not change the fire rating of the building.

(4)

The home occupation does not alter, amend, or modify the residential character of the building nor does the delivery or receipt of merchandise, goods, or materials interfere with the residential character of the neighborhood.

(5)

There shall be no exterior display or storage of commercial goods on said premises.

(6)

Inventory and supplies shall not occupy more than 50% of the area permitted to be used as a home occupation.

(7)

Sales and services to patrons shall be arranged by appointment and scheduled so that not more than 1 patron vehicle is on the premises at the same time.

(8)

The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical magnetic interference (EMI) and radio frequency interference (RFI), fire hazard, or any other hazard or nuisance greater than that usually experienced in a residential district.

(Ord. No. 07-5-C-3504, § 2, 5-7-2007; Ord. No. 11-3-C-3823, § 1, 3-7-2011; Ord. No. 19-2-C-4443, § 2, 2-4-2019; Ord. No. 19-4-C-4451, § 1, 4-15-2019)

Sec. 118-92. - Automobile sales or service establishments and automobile rental.

(a)

All uses. The following regulations apply to all automobile sales and service uses and automobile rental listed in Appendix A:

(1)

When the subject property abuts or is across the alley from a residential district:

a.

Visual screening at least 6' high must be provided along the abutting lot line.

b.

There shall be no automobile repair work or washing of vehicles from 10:00 p.m. to 7:00 a.m.

(2)

All repair work must be performed within a building at all times except inspecting vehicles; adding fluids; and changing tires, batteries, windshield wipers, or light bulbs.

(3)

Outside storage and display of items for sale or lease, tools, equipment, vehicles, parts, or supplies is prohibited, except vehicles and propane for sale or lease. Those vehicles that are for sale or lease must never occupy a required off-street vehicle parking space.

(4)

Vehicles and boats are prohibited to be sold, advertised for sale, or, other than operational licensed vehicles owned by the establishment, remain outdoors on the property for more than 10 days, except at vehicle dealers.

(b)

Additional requirements for automotive fuel stations.

(1)

At least 1 employee must be at the fuel control console at all times that self-serve fuel is being dispensed. At least 2 employees shall be on the premises from 7:00 a.m. to 9:00 p.m. when a convenience store or any other use over 1,000 ft 2 is collocated with the automotive fuel station.

(2)

The attendant must always have a clear view of the fuel dispensing area.

(3)

A system that allows communication between persons at each dispensing area and the employee at the fuel control console must be provided.

(4)

During the hours of operation, air and use of equipment for tire inflation, use of a tire pressure gauge, fluid and equipment for washing vehicle windows, water and use of a water container for filling radiators, and rest room facilities must be provided free of charge. Charging a fee for these services is prohibited.

(5)

A canopy must be provided over all fuel dispensing areas.

(6)

The pump islands and fuel tanks shall be removed upon closing of the automotive fuel station in accordance with the requirements of the State Fire Marshal.

(7)

A minimum lot size of 30,000 ft 2 is required when a car wash or hand car wash is collocated with the automotive fuel station.

(c)

Additional requirements for car washes and hand car washes.

(1)

The Plan Commission will determine the appropriate number and location of drying spaces.

(2)

A traffic study must be included with the special use permit petition indicating needed vehicle stacking and site circulation that does not constitute a traffic hazard or create on- or off-site congestion.

(3)

Openings to a wash bay must not face any residentially zoned property unless the opening is located more than 50' from such property.

(4)

The operation of the use must minimize excessive water from collecting outside the building openings to a wash bay.

(d)

Additional requirements for automotive repair facilities.

(1)

All automotive repair facilities require a special use permit.

(2)

Any vehicle outdoors in need of body repair must be parked in a legal parking space and screened from view from any public street in rights-of-way abutting the lot or an abutting residential zoning district. Such vehicle is prohibited from being parked outdoors for more than 10 days.

(3)

Servicing of any vehicle over 8,000 pounds gross weight is limited to M2 and M3 districts.

(4)

In mixed-use and business districts, repair shall be limited to brakes, mufflers, upholstery work, tire repair and change, lubrication, tune-ups, and minor engine, mechanical, or electrical repair.

(Ord. No. 09-1-C-3657, § 2, 1-5-2009; Ord. No. 19-4-C-4451, § 1, 4-15-2019)

Sec. 118-93. - Food establishments and food service requirements.

(a)

A screened garbage corral with an impermeable surface shall be provided to contain all dumpsters.

(b)

No tables or eating counters shall be allowed at food establishments. The addition of tables or eating counters shall constitute the addition of a food service use at that location, and all additional regulations for that food service use shall apply.

(c)

At least once during every 4 hours of operation and before opening and closing of the business, employees shall patrol the property and clear it of litter.

(d)

The sale of open alcoholic beverages at carryout restaurants is prohibited.

(e)

Outdoor dining.

(1)

Standard conditions. The following shall apply to all outdoor dining areas:

a.

Barriers, fencing, landscaping, and other features shall be utilized to define the outdoor dining area.

b.

Use of the area shall be limited to between 8:00 AM and 10:00 PM, but not longer than the posted operational hours of the associated food service facility.

c.

Dates of operation shall be limited to between April 1 and October 31 in a calendar year.

d.

Outdoor dining areas shall be exempt from parking regulations if used or set up less than 7 months in a calendar year.

e.

All food preparation must take place inside the associated food service establishment.

f.

Adequate litter and refuse disposal shall exist as determined by the Health Department.

g.

Advertising or promotional features shall be limited to umbrellas or canopies.

h.

A drive-through facility shall have at least one litter/refuse disposal container at its exit at a location determined by the Health Department.

i.

All applicable Village and State health requirements shall be met.

j.

Dining areas will be reviewed each year during the annual restaurant inspection. The outdoor dining permit may be revoked by the Village Manager at any time on 14 days' notice for failure to comply with the regulations set forth in this subsection.

k.

The outdoor dining area shall not be enclosed on more than two sides with walls if roofed over.

l.

The outdoor dining area must be located on a surface approved by the Village Manager or designee.

m.

The outdoor dining area shall not be located in a required parking space or block a private or public sidewalk.

(2)

Outdoor dining on private property shall be a permitted use with an outdoor dining permit from the Village Manager or designee in NX, TX, CX, B1, B2, B3, B4, B6, H1 and M1 districts subject to the following conditions:

a.

All conditions in subsection (e)(1) are met.

b.

The outdoor dining shall be on the same lot as or within a development that received site plan approval as its associated food service establishment.

c.

An outdoor dining area shall not be located within a 15' sight distance triangle or within 3' from any public alley.

(3)

Outdoor dining shall be permitted on private property between November 1 and March 31, of the next calendar year, with an administrative permit from the Village Manager or designee, subject to the following conditions:

a.

An outdoor dining permit or a special use permit for outdoor dining has been issued for the site.

b.

The outdoor dining area must be in the same location as the approved outdoor dining permit or special use permit.

c.

The outdoor dining area cannot be used more than 4 periods during this time.

d.

The outdoor dining area cannot be used or set up for more than a period of 3 consecutive days.

e.

A site and floor plan must be approved by the Village Manager or designee.

f.

Administrative permit fee must be paid to the Village of Skokie prior to using the outdoor dining area.

(4)

Outdoor dining on a public right-of-way shall be a permitted use with an outdoor dining permit from the Village Manager or designee in NX, TX, CX, B1, B2, B3, B4, B6, H1, and M1 districts subject to the following conditions:

a.

All conditions in subsection (e)(1) are met.

b.

The use of public right-of-way for outdoor furniture and appurtenances shall only be permitted incidental to the operation of a restaurant on private abutting property, and the outdoor dining area shall not extend laterally beyond the frontage of the permittee's establishment.

c.

All public sidewalks and parkways shall be maintained in accordance with § 90-43 and § 118-188.

d.

A Use of Public Way for Outdoor Dining Agreement between the Village and both the operator of the food service and the abutting land owner shall be approved by the Village.

(5)

Relief from any conditions in § 118-93(e)(1) may be granted through the Zoning Board of Appeals.

(f)

Existing limited-service restaurants are allowed with a special use permit in the M3 district and may rebuild, modernize, and/or add outdoor dining if the Plan Commission deems that the restaurant is operated and maintained in a manner consistent with the purpose of the district. All new restaurants are prohibited in this district except in retail planned developments.

(g)

Drive-through facilities are prohibited at carryout and full-service restaurants.

(Ord. No. 09-5-C-3674, § 1, 5-4-2009; Ord. No. 15-5-C-4142, § 3, 5-4-2015; Ord. No. 19-4-C-4451, § 1, 4-15-2019; Ord. No. 24-10-Z-4716, § 1, 10-21-2024)

Sec. 118-94. - Child day care.

(a)

In residence uses. Child day care in residences listed as restricted uses in Appendix A shall be subject to the following regulations:

(1)

Child care in residences shall comply with Chapter 54, Article VII, Day Care Homes, of the Village Code.

(2)

No more than 2 day care homes may be located within the same block or closer than 100' to another such facility along the face of a street as measured from the closest property line of each lot.

(3)

A driveway or on-street parking adjacent to the lot must exist. If a driveway exists, it shall be available for the dropoff and pickup of children. If no driveway exists, an 18" wide carriage walk connected to the sidewalk shall be present along the street adjacent to the lot and the dropoff and pickup of children shall only occur on the same side of the street as the day care home. No dropoff and pickup of children shall occur on an arterial street.

(4)

Subject to subsections (1) through (3) above, a special use permit must be obtained, except in detached and townhouse residences in which the use is a permitted use.

(b)

Not in residence uses.

(1)

Restricted uses in residential districts.

a.

Child day care collocated in the same building as a use requiring a special use in the district must also obtain a special use permit.

b.

Child day care collocated in the same building as a use permitted in the district is a permitted use.

c.

Child day care in its own building is a permitted use.

(2)

Not in residential districts. Child day care uses shall be permitted or special uses as indicated in Appendix A.

(Ord. No. 12-4-C-3895, § 1, 4-16-2012; Ord. No. 19-4-C-4451, § 1, 4-15-2019)

Sec. 118-95. - Congregate living facilities.

(a)

Congregate living facilities may only be in a residence type otherwise identified as permitted or special uses in a district.

(b)

No residential unit shall be permitted on the first floor in business or mixed-use districts.

(c)

The facility shall be a permitted use if the sponsoring agency is eligible for and obtains State licensing or certification to operate the proposed use and the use is a permanent residence facility. If the sponsoring agency does not meet this criterion because there is no State licensing or certification required for the use or the facility is a temporary residence facility, a special use permit must be obtained in accordance with Article II of this chapter, and reasonable proof of ability to operate a reputable congregate living facility must be shown.

(d)

The facility shall be designated a permanent residence facility if all the residents intend to live at the facility for 1 year or more. The facility shall be designated a temporary residence facility if any of the residents intend to live at the facility for less than 1 year.

(e)

Any facility with more than 4 bedrooms in a residential unit, 2 or more residential units in a building, or 2 or more buildings on a lot or abutting lots operated by the sponsoring agency must receive site plan approval in accordance with Article II of this chapter.

(f)

The sponsoring agency must obtain an administrative occupancy permit prior to establishing a congregate living facility. The following criteria will be used in issuing a permit:

(1)

The facility must be located in an area reasonably accessible to public transportation and, if needed, employment, vocational, medical, psychiatric, recreational, and other community resources that might be utilized by the facility's residents. If this provision cannot be met, the sponsoring agency must ensure that the facility's residents have access to these services when needed.

(2)

Except as allowed in (e) of this section, the facility shall not be located within the same block as another such facility nor closer than 800' to another facility as measured from the property line of the lot.

(g)

Proof of agency ownership, option to own or signed lease for the facility to be occupied shall be provided to the Village prior to occupancy. Ownership or lease of the facility by residents of the facility shall be permitted provided agency ownership and leasing requirements, set forth by the Illinois Department of Human Services Division of Mental Health and Division of Developmental Disabilities and delineated in Section 115.300 - Environmental Management of Living Arrangements, paragraphs b) and c), are complied with. The sponsoring agency shall be responsible for compliance of facilities owned or rented by residents.

(Ord. No. 19-4-C-4451, § 1, 4-15-2019)

Sec. 118-96. - Assisted-living facilities.

In compliance with the State of Illinois Assisted Living and Shared Housing Act, 210 ILCS 9/1 et seq., and the adopted rules in Chapter 1, Subchapter c of Part 295 of Title 77, as may be amended from time to time, an assisted-living facility shall provide:

(1)

Community-based residential care for persons who need assistance with the activities of daily living, including personal, supportive, and intermittent health-related services available 24-hours a day, if needed, to meet the scheduled or unscheduled needs of a resident.

(2)

Mandatory services, whether provided directly by the establishment or by another entity arranged for by the establishment, with the consent of the resident or resident's representative.

(3)

A physical environment that is a homelike setting that includes the following and other such elements as established by the State:

a.

Individual living units, each of which shall accommodate small kitchen appliances and contain private bathing, washing, and toilet facilities, or private washing and toilet facilities with a common bathing room ready and accessible to each resident.

b.

Units shall be maintained for single occupancy except in cases in which 2 residents choose to share a unit.

c.

Sufficient common space shall exist to permit individual and group activities.

(Ord. No. 19-4-C-4451, § 1, 4-15-2019)

Sec. 118-97. - Animal shelters.

(a)

Site selection criteria. A special use permit may not be granted unless the following site selection criteria are met:

(1)

The site must have adequate off-street parking to meet the needs of customers and employees.

(2)

The site should be on an arterial street with bus service, for convenient access by customers and employees.

(3)

The building must be sound proofed.

(4)

The building should be adequately sized to allow space for required services and exercise for animals when outdoor exercise is not possible due to weather conditions.

(5)

Nonprofit organizations should seek rental properties or currently tax exempt properties to preserve the Village's tax base.

(6)

The site should be in an area where the animals can be brought outside for controlled exercise (walking on a leash).

(b)

Remittance of applicable taxes. Pet supplies sales and pet services as well as educational, orientation, and fundraising activities are allowed in conjunction with the use. Collection and remittance of all applicable sales and use taxes are required.

(Ord. No. 16-10-C-4250, § 2, 10-6-2016; Ord. No. 19-4-C-4451, § 1, 4-15-2019)

Sec. 118-98. - Brew pubs and tap rooms.

(a)

All production supplies and waste materials associated with the microbrewery, microdistillery and micro-winery must be stored inside the building.

(b)

The production area must be visible to the public.

(c)

Service truck loading and unloading shall take place between the hours of 8:00 a.m. and 8:00 p.m.

(d)

Drive-through facilities are prohibited.

(Ord. No. 18-10-C-4416, § 2, 10-15-2018; Ord. No. 19-4-C-4451, § 1, 4-15-2019)

Sec. 118-99. - Cannabis dispensaries.

(a)

Building form. The use must be located in a free-standing building, except as provided in this Section.

(b)

Licensure. The use must have all required State of Illinois and Village of Skokie licenses.

(c)

Location restrictions. A dispensary shall not be located within 1,500 feet of the property line of a pre-existing dispensary or within 1,000 feet of the property line of private or public school grounds, a child care center not in a residence, a public park, a library, or a games arcade establishment to which admission is not restricted to persons 21 years or older, unless it is located within 750 feet of the physical building for the Skokie Police Department and all other statutory restrictions are met.

(d)

Lighting. All site lighting and inside the dispensary building must be provided and kept in good working order and of sufficient wattage for security cameras and the safety of customers and employees.

(e)

Visibility. The parking facility must be visible from a public street.

(f)

Vehicle Access. The parking facilities must be accessed directly from a public street.

(g)

Screening. A dispensary site must be separated from an adjacent lot with a building containing a residence by a 6' high solid fence.

(h)

Hours of operation. Hours of operation are limited to between 10 a.m. and 8 p.m.

(i)

Staffing. A minimum of 2 employees must be working at a dispensary when it is open.

(j)

Location of sales. All product storage, display, and sales must be conducted inside an enclosed building. Drive-through facilities are prohibited.

(k)

Sales only. Cannabis products shall be sold at retail at the dispensary but are prohibited from being cultivated, processed, or manufactured.

(l)

Combined uses. Other uses that are permitted or special uses in the district in which the dispensary is located may be combined with a cannabis dispensary building provided that there is no direct interior access between the cannabis dispensary area and areas used for any additional principal uses, and that they meet off-street parking requirements and all other code requirements for each use.

(Ord. No. 19-9-C-4488, § 1, 9-16-2019; Ord. No. 22-8-C-4611, § 2, 8-1-2022)