The village of Niles has unveiled the first draft of its new zoning code.
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Early last year, the village contracted Chicago-based Camiros Ltd. to help create a new zoning code. As village officials told Niles Herald-Spectator at the time, this was done in an effort to remove outdated provisions and bring the zoning code more in line with current development trends.
While the draft preserves many aspects of the current zoning code, it makes a number of significant changes. Most notably, it revamps the way commercial and industrial districts are zoned and gives the village power to create special areas for projects that don’t quite fit any zoning districts. It also places greater emphasis on pedestrian accessibility and environmentally friendly amenities.
The current zoning code allows two types of commercial districts. The draft calls for five types. C-1 Corridor Commercial Districts would include smaller, storefront-style businesses, while C-2 General Commercial Districts would include larger retailers. Mixed-use development would be encouraged in both districts.
C-3 and C-4 commercial districts would be used to zone Milwaukee Avenue corridor specifically. The section describing C-3 Milwaukee Avenue Form-Based District is currently blank, with a note indicating that the description would be available once the first draft Milwaukee Avenue development plan – a separate village project – is ready. C-4 Milwaukee Avenue Mixed-Use District is described as a mix of retail, office and residential development. The businesses would be orientated toward sidewalks, and developers would be encouraged to put the parking spaces in the back of the buildings.
But perhaps the biggest change to the way commercial areas are zoned would be the new C-5 Urban Village District. The draft describes it as a new version of a traditional shopping centers, stating that the districts’ purpose is to “promote redevelopment of large regional centers as mixed-use urban villages.” That would include offices, retail outlets, medical facilities and performance venues. While other commercial districts encourage residential components, residential development in C-5 district requires a special use permit.
The current zoning code defines only one type of manufacturing district. The proposed zoning code would split that category into three. M Limited Industrial District would allow traditional manufacturers, wholesalers and warehouses, as well as research facilities and offices. M-MU Mixed-Use Industrial District would allow retailers and entertainment facilities in addition to the kind of uses found in M districts. OR Office/Research Districts would allow office and research facilities similar to Shure Incorporated’s current Niles facilities. As the draft document explains, M-MU districts would act as buffers between purely industrial and residential areas – a concept similar to Chicago’s Planned Manufacturing Districts.
The new zoning code would also allow the village to create Planned Unit Developments, which the draft describes as a special zoning classification that is “intended to encourage and allow more creative and flexible development of land than is possible under district zoning regulations.” Anything built within the district would be allowed to ignore certain aspects of the zoning code, with details of what is and isn’t allowed determined on case-by-case basis. In order to qualify, the applicant must show that their proposal would provide public benefits to the village, and that these benefits would outweigh any adverse impact it may cause. Each proposal would require approval from the Niles Plan Commission and the Niles Village Board.
Like the current zoning code, the proposed zoning code has an extensive lists of the types of business, educational, residential and recreational developments that would require a special use permit. It has two particularly notable additions. Any businesses that deal with adult content – whether they are adult stores or adult entertainment venues such as strip clubs – would be restricted to M districts and require a special use permit. The proposed zoning code also creates regulations for groups of solar panels and wind turbines, restricting them to M districts.
The draft also addresses two types of businesses that caused controversy – medical marijuana cultivation centers and dispensing facilities, as well as gun shops and training centers. In 2014, the Village Board added regulations to the zoning code, restricting both business types to manufacturing districts and requiring them to obtain special use permits. The new rules for gun shops were soon tested as Sportsman’s Club gun shop and training center applied for a permit to open in Niles’ industrial district. The application caused controversy, as concerns were raised that it would be too close to Niles West High School and New Hope Academy, a private school.
The current zoning code forbids marijuana cultivation and dispensing centers from being too close to any educational facilities, setting the limit at 2,500 and 1,000 feet, respectively.
The new zoning code would keep the restrictions for marijuana-related facilities and adds a new restriction for the cultivation centers, prohibiting them from being located within 500 feet of places of worship, parks, playgrounds and entertainment facilities. It also adds location-based restrictions to gun shops, prohibiting them from being located within 1,000 of “any educational facility.”
The proposed zoning code would not be retroactive, so it wouldn’t affect any developments that were already approved under this zoning code, or whichever version of the zoning code was in force at the time.
The Niles Plan Commission will review the zoning code draft during special workshops that will be held in April 13 and 27. Once the workshops are concluded, the commission plans to hold a community open house, which will be scheduled in May.
Igor Studenkov is a freelance reporter for Pioneer Press.