Plan Commission

STAFF REPORT 2021-30P: Zoning Chapter Amendment Community Development Department Council Chambers, 7:30 PM, December 1, 2022 To: Paul Luke, Chairman, Skokie Plan Commission From: Johanna Nyden, AICP, Community Development Director Case: 2021-30P: Zoning Chapter Amendment Restrict Vape Shop and Massage Parlors General Information Petitioner Village of Skokie Purpose The Village of Skokie is requesting a Chapter Amendment to the Zoning Ordinance to restrict Vape Shops and Massage Parlors STAFF REVIEW Staff is proposing to restrict Vape Shops (and other tobacco sales) and Massage Parlors by disallowing standalone businesses and requiring them to be part of a primary use. Vape shops and massage parlors have proliferated in commercial areas over the last few years. The Village regularly receives complaints about their presence in the community, and they regularly create enforcement challenges. Staff is also proposing to better align the business licensing chapter of the Skokie Village Code with zoning requirements. Staff proposes to change the land use designation from “tobacco or tobacconist establishments” to “cigarette and tobacco sales” and redefine the use by limiting sales to grocery, pharmacy, or convenience store and limited them to no greater than 20% or 100 linear feet of shelf space or display area, whichever is less. For massage parlors, staff proposes to change the land use designation to “massage services” and redefine the use by limiting services to licensed physicians, chiropractors, and physical therapists and health/fitness centers. As noted in their respective definitions, the changes will prohibit standalone establishments as a primary use. The uses will be deleted from the Appendix A land use table. Existing vape shops, tobacco stores, and massage parlors can continue to operate and will be deemed legal non-confirming uses. New establishments or an expansion of the use will not be permitted. In accordance with licensing requirements, licenses are not transferable to a new owner or operator. If an establishment closes, they will need to adhere to all Village code requirements and would no longer be permitted. STAFF RECOMMENDATION Staff recommends that Chapter 26 Businesses of the Skokie Village Code be amended with the text in BOLD as follows: VOSDOCS‐#593668‐v1‐Staff_Report_for_2021‐ 30P_Restrict_Vape_Shops_and_Massage_Parlors_Chapter_Amendment Article XVIII. – Massage Services Sec. 26-851. - Definitions Massage Services Establishment – means any business establishment or location in the Village having a source of income or compensation derived from the practice of massage or massage therapy as defined in this section, or which has a place of business where any person, firm, association, corporation or other entity engages in or carries on any of the activities described in the definition of massage or massage therapy limited to a physician, podiatrist, chiropractor, or physical therapist licensed in the State of Illinois or a Health and Fitness center as defined within the Zoning Ordinance. Massage service establishments are not permitted as a primary use. Staff recommends that Chapter 118 Zoning of the Skokie Village Code be amended with the text in BOLD as follows: Article II. – Definitions Sec. 118-32. – General Definitions Cigarette and Tobacco Sales – means the sale of cigarette and tobacco products within a grocery, pharmacy, liquor, or convenience store, limited to no greater than 20% or 100 linear feet of shelf space or display area, whichever is less, within the store, and in adherence to Chapter 26, Article VI of the Skokie Village Code. Cigarette and tobacco sales establishments are not permitted as a primary use. Massage Services Establishment – means any business establishment or location in the Village having a source of income or compensation derived from the practice of massage or massage therapy as defined in this section, or which has a place of business where any person, firm, association, corporation or other entity engages in or carries on any of the activities described in the definition of massage or massage therapy limited to a physician, podiatrist, chiropractor, or physical therapist licensed in the State of Illinois or a Health and Fitness center as defined within this article and in adherence to Chapter 26, Article XVIII of the Skokie Village Code. Massage service establishments are not permitted as a primary use. Appendix A. – Use Table Use Residential Mixed-Use Business Industrial R1 R2 R3 R4 R5 NX TX CX Retail B1 B2 B3 B4 B6 H1 M1 M2 M3 OR Tobacco or P P P P P P P P tobacconist establishment Massage P P P P P P Therapy VOSDOCS‐#593668‐v1‐Staff_Report_for_2021‐ 30P_Restrict_Vape_Shops_and_Massage_Parlors_Chapter_Amendment VOSDOCS‐#593668‐v1‐Staff_Report_for_2021‐ 30P_Restrict_Vape_Shops_and_Massage_Parlors_Chapter_Amendment