HomeMy WebLinkAboutOrd 5148 10/17/2000 ORDINANCE NO. 5148
AN ORDINANCE AMENDING CHAPTER 14 (ZONING)
OF THE VILLAGE CODE
Passed and approved by
the President and Board of Trustees
the 17th day of October, 2000
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
18th day of October, 2000
10/II/00
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 14 (ZONING)
OF THE MOUNT PROSPECT VILLAGE CODE
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That Sections 14.311 entitled "OUTDOOR SALES AND STORAGE"
and Section 14.1702 entitled "PERMITTED USES" of Chapter 14 of the Village Code,
as amended, is hereby further amended modifying subsection 14.1702 and by adding the
following new subsection 14.311.B, so that hereafter said Sections shall be and read as
follows:
A. Section 14.1702 B3 Zoning District Permitted Uses
54. Restaurants, including entertainment, dancing, and outside dining areas
subject to the requirements of Section 14.311.B.
Add Section 14.311.B, as follows:
B. Outside dining areas shall be permitted on the same zoning lot as an in
conjunction with an established restaurant in the B-3, B-4, or B-5 District, subject
to the following requirements:
1. The following criteria shall apply to all outdoor eating areas located on the
same zoning lot as the established restaurant:
a. An application for the outside dining area 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 30 days
from receipt. The application shall contain, at a minimum, the
following information:
i. A plot plan showing location of the outside dining area;
ii. Plans and cut sheets demonstrating the type of barricades,
landscaping and other features that will be utilized to define
the outside dining area and enhance the aesthetic appeal of
the area;
iii. Distances to all property lines;
iv. Proposed hours of operation;
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Outdoor dining
iv. The clear width of all walkways and sidewalks adjacent to
the
v. outside dining area;
vi. Photographs or other documentation showing the
construction and appearance of all furniture to be used in
the outside d'ming area, including materials, colors, and
wind pressure information;
vii. Provisions for refuse disposal for the outside dining area.
b. Approved permits for outside dining areas shall be effective for a
period of one-year from the date of approval.
c. Permits will be subject to an annual review and may be revoked by
the Village at any time on fourteen (14) days notice.
d. All outdoor furnishings shall be constructed in such a manner to
allow for their easy removal during winter months and/or if
required by the village.
e. All outdoor furniture and appurtenances shall be designed to
withstand a wind pressure of no less than 30 pounds per square
inch minimum.
f. Colors and materials of outdoor furniture and other appurtenances
shall be selected to be harmonious with the principal structure and
adjacent structures. Outdoor furniture and other appurtenances
should be constructed of durable materials, such as wrought iron.
Use of lightweight materials, such as tubular aluminum or plastic
is discouraged.
g. The sale and consumption of alcoholic beverages in the outside
dining areas shall be subject to all requirements of Chapter 13 of
the code of Mount Prospect.
h. The proprietor shall provide adequate facilities for refuse disposal,
as determined by the Environmental Health Division.
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.
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Outdoor dining
j. Outside dining areas shall be exempt fi.om applicable parking
requirements. However, if the outdoor dining area creates an
overflow-parking problem onto adjacent public streets, provisions
must be made for off-site parking on nearby non-residential
properties.
k. Advertising or promotional features in a permitted outside dining
area shall be limited to umbrellas or canopies, and shall be limited
to no more than 15% of the surface area ora canopy or umbrella.
1. Outside dining areas shall meet all applicable Village and State
Health Requirements.
m. No music or other noises generated by the operation of the outdoor
dining areas shall be audible to adjacent properties.
2. Outdoor dining areas shall be permitted on public property, subject to the
following criteria:
a. All regulations stipulated in Section 14.311.B. 1 listed above.
b. The use of public sidewalk space for restaurant tables shall only be
permitted incidental to the operation of a restaurant on private
contiguous property.
c. The use shall be limited to a period of time between eleven o'clock
(11:00) A.M. and nine o'clock (9:00) P.M on Sunday through
Thursday and eleven o'clock (11:00) A.M. and eleven o'clock
(11:00) P.M. on Friday and Saturday.
d. In no event shall the operation of the outdoor eating area reduce
the open portion of the sidewalk to less than five feet in width.
e. The apphcant shall furnish the Village with evidence of general
liability insurance and dram shop insurance, including the Village
as a named insured and insuring the Village against any liability
resulting form the uses permitted by the adopted ordinance.
Minimum coverage shall be $1 million for general liability and
$300,000 insurance for dram shop insurance and shall have no less
than an "A" rating by the most recent AM Best Insurance Rating
Guide.
age 4/4
Outdoor dining
f. The operator of the outdoor dining area shall be responsible for
any damage to public property and must restore the public
sidewalk to its original state once the operation of the dining area
ceases.
SECTION TWO: 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: Hoefert, Lohrstorfer, Prikkel, Skowron, Wilks
NAYES: None
ABSENT Corcoran
PASSED and APPROVED tbJs 17th day of October ,2000.
ATTEST: Village ~resident /
/
Velma/.~Lowe
Village Clerk