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Home My WebLink AboutOrd 5638 07/17/2007 ORDINANCE NO. 5638 AN ORDINANCE AMENDING CHAPTER 14 (ZONING) OF THE VILLAGE CODE OF MOUNT PROSPECT Passed and approved by the President and Board of Trustees the 17TH day of July, 2007 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 18th day of July, 2007 bh 7/12/07 mla 7/10/07 ORDINANCE NO. 5638 AN ORDINANCE AMENDING CHAPTER 14 (ZONING) OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, the Petitioner (the President of the Village of Mount Prospect) has filed an application for certain text amendments to Chapter 14 (Zoning) of the Village Code of Mount Prospect to amend various regulations; and WHEREAS, the Petitioner seeks amendments to the following sections of the Village Code: Section 14.311.B OUTDOOR SALES AND STORAGE WHEREAS, a Public Hearing was held on the proposed amendment, being the subject of PZ-23- 07, before the Planning and Zoning Board Commission on June 28, 2007, pursuant to due and proper legal notice having been published in the Mount Prospect Journal & Topics on the 13th day of June, 2007; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees of the Village of Mount Prospect and the President and Board of Trustees of the Village have considered the requests being the subject of PZ-23-07. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: That Section 14.311.B entitled "Outdoor Sales and Storage" of Chapter 14 of the Village Code of Mount Prospect as amended is hereby further amended in its entirety; so that hereinafter said Section 14.311.B of Chapter 14, Article III shall be and read as follows: Section 14.311.B B. "Outdoor Dining," shall be governed by the following standards to ensure such dining is conducted in a manner that does not have any adverse impact on a residential area, or infringe on the rights of adjoining property owners. Outdoor dining areas shall be permitted on the same zoning lot as and in conjunction with an established restaurant in the B-3, B-4, or B-5 district, subject to the following requirements: 1. Outdoor dining areas shall be permitted on private property, subject to the following requirements: a. The outdoor dining area shall be located on the same zoning lot as the established restaurant. Ch. 14, Text Amendment - Zoning Page 2/4 b. Barricades, landscaping and other features will be utilized to define the outdoor dining area and enhance the aesthetic appeal of the area. c. Proposed hours of operation will be no earlier than six o'clock (6:00) A.M. or later than eleven o'clock (11 :00) P.M. No music or other noises generated by the operation of the outdoor dining areas shall be audible on adjacent properties. d. All walkways and sidewalks adjacent to the outdoor dining area will be a minimum of five (5) feet wide. e. All furniture and appurtenances to be used in the outdoor dining area will be of materials and colors in harmony with the principal and adjacent structures, and of sturdy construction designed to withstand a minimum wind pressure of not less than thirty (30) pounds per square inch. All outdoor furniture and appurtenances shall be constructed in such a manner as to allow for their easy removal during winter months and/or if otherwise required by the village. f. Adequate refuse disposal shall exist for the outdoor dining area as determined necessary by the environmental health division. g. Outdoor dining areas on private property will be reviewed each year during the annual restaurant inspection. Outdoor dining may be revoked by the Village Manager at any time on fourteen (14) days notice for failure to comply with the regulations set forth in this section. h. The sale and consumption of alcoholic beverages in the outdoor dining areas shall be subject to all requirements of chapter 13 of the Village Code. i. The outdoor dining area shall not be detrimental to the health, safety, or welfare of nearby residents or persons working or shopping in the vicinity. j. Outdoor dining areas shall be exempt from applicable parking requirements. However, in the event that the outdoor dining area creates an overflow parking problem onto adjacent public streets, the permit holder must make provisions for off site parking on nearby nonresidential properties. k. Advertising or promotional features in a permitted outdoor dining area shall be limited to umbrellas or canopies. I. Outdoor dining areas shall meet all applicable village and state health requirements. 2. Outdoor dining areas shall be permitted on public property, subject to the following criteria: a. All regulations set forth in subsection B1 of this section. b. An application for the outdoor dining area permit on public property must be submitted to the department of community development. The department will conduct an administrative review of the application and the director will either approve or deny the application within thirty (30) days from receipt. The application shall contain, at a minimum, the following information: Ch. 14, Text Amendment - Zoning Page 3/4 (1) A site plan showing location of the outdoor dining area; (2) Plans and cut sheets demonstrating the type of barricades, landscaping and other features that will be utilized to define the outdoor dining area and enhance the aesthetic appeal of the area; (3) Distances of the outdoor dining area to all property lines; (4) Proposed hours of operation; (5) The clear width of all walkways and sidewalks adjacent to the outdoor dining area; (6) Photographs or other documentation showing the construction and appearance of all furniture and appurtenances to be used in the outdoor dining area, including materials and colors; and (7) Provisions for refuse disposal for the outdoor dining area. c. The use of public sidewalk space for outdoor furniture and appurtenances shall only be permitted incidental to the operation of a restaurant on private contiguous property. d. In order to prevent the restaurant space from encroaching upon the front of another merchant's establishment, the outdoor dining area shall not extend laterally beyond the frontage of the permittee's establishment. e. The applicant shall submit a written statement acknowledging responsibility for and agreeing to comply with the following: 1) the sidewalk area will be maintained in a clean and safe condition; 2) the required open portion of the sidewalk will be kept free from any obstructions or encroachments pertaining to the restaurant use; and 3) the proposed outdoor dining area will comply with all conditions of this section. f. The applicant shall furnish the village with evidence of general liability insurance and dramshop insurance, if applicable, naming the village as an additional insured and insuring the village against any liability resulting from the uses permitted by the permit issued under this section. Minimum coverage for general liability insurance and dramshop insurance shall be as set forth in appendix A, division I of this code, and shall have no less than an "A" rating by the most recent AM best insurance rating guide. g. The operator of the outdoor dining area shall be responsible for any damage to public property and shall restore the public sidewalk to its original state when the operation of the dining area ceases. C. Outdoor Storage on Residential Property: Outdoor storage on residential properties is prohibited except for the following: lawn and garden equipment and materials, garbage cans, grills and portable fireplaces, patio furniture, household tools, children's play equipment, and other items similar to the above as determined by the community development director. For regulations regarding the storage of commercial vehicles, or recreational vehicles and equipment, please refer to article XXII of this chapter. Ch. 14, Text Amendment - Zoning Page 4/4 SECTION SIX: The Village Clerk is hereby authorized and directed to record a certified copy of of this Ordinance with the Recorder of Deeds of Cook County. SECTION SEVEN: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Corcoran, Hoefert, Juracek, Korn, Lohrstorfer, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 1 ih day of July, 2007. I~~~~ Mayor ATTEST: ,-/J? ~Q' ,4,12/ M. Lisa ngell r- Village Clerk H:\CLKO\files\WIN\ORDINANC\textamendmentchapter14zoningoutdoordingjuly2007 .doc