Village Adds to List of Prohibited Uses in Retail Districts

Oak Park officials on Monday adopted a zoning ordinance amendment adding restrictions to the types of businesses that could open in the village's Transit Related Retail Overlay Districts (TRROD) and gives the Village Board the final say in use variance requests.

The issues of authority over use variance approval and uses allowed in the districts—Downtown Oak Park, the Hemingway District and Southtown—arose from concerns over some of the uses previously approved by the village's Zoning Board of Appeals (ZBA), Village Planner Craig Failor wrote in an email Tuesday. 

The ordinance also outlines the standards under which a use variation would be recommended and the evidence an applicant must present when requesting one in any of the three districts.

The ZBA will continue to review use variance requests and follow the public hearing process, but instead of voting, the ZBA will make a recommendation to the Village Board for a final decision.

The village adopted the TRROD ordinance in 2002 to, “Protect existing retail uses and encourage new retail development,” on the ground floor of buildings in areas near mass transit, encourage pedestrian activity and provide retail services, while preventing uses that are “incompatible with or detract from” the retail vitality, according to a village memo.

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Dan Haley, president of the Hemingway District spoke in support of the changes at a June 3 meeting.

“We believe we have a very limited retail and restaurant core in the district… We are asking you to protect it diligently… And keep it retail- and restaurant-oriented.”

The ordinance now includes the following prohibited uses in the Transit Related Retail Overlay Districts:

• Financial institutions
• Financial institution drive-up facility
• Private clubs
• Drive-through service window
• Restaurant with drive-in or drive-through
• Swimming pool sales and service
• Upholstery shop
• Auto service and fueling station
• Schools (high school and elementary)
• Reading rooms
• Health, athletic, recreation and amusement facilities (indoor)
• Auction house
• Group quarters
• Long-term care facility and assisted living facilities
• Commercial broadcasting facilities