HomeMy WebLinkAboutOrd 5313 03/18/2003ORDINANCE NO. 5313
AN ORDINANCE AMENDING CHAPTER 14 (ZONING) OF
THE MOUNT PROSPECT VILLAGE CODE
Passed and approved by
the President and Board of Trustees
the 18TM day of March, 2003
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
19TM day of March 2003
Bc/mj
kad
3/10/03
ORDINANCE NO. 5313
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 Section 9.115 entitled "COMMERCIAL USE OF SIDEWALK SPACE, SPECIAL
PERMIT" of Chapter 9 of the Village Code, as amended, be deleted in its entirety.
SECTION TWO: That Subsection B of Section 14.311 entitled "OUTDOOR SALES AND STORAGE" is
hereby deleted and replaced with a new Subsection B to be and read as follows:
14.311 Outdoor Sales and Storage:
B. Qutside 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. The following criteria shall apply to all outdoor eath~ dining areas located on the same zoning lot as
the established restaurant:
a. An application for the c'Jts!d~ outdoor dining area permit 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 m~nimum the following information:
(1) A p!ot site plan showing location of the o'Jts!d~ outdoor dining area;
(2) Plans and cut sheets demonstrating the type of barricades, landscaping and other features that
will be utilized to define the cuts!de 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 eutside outdoor dining area;
(6) Photographs or other documentation showing the construction and appearance of all furniture
and appurtenances to be used in the cutcldc outdoor dining area, including materials and colors
o,,,~ ,A,~,,,~ ......... !,",fcrm~t!c,",; and
(7) Provisions for refuse disposal for the cuts!de outdoor dining area.
b. Approved permits for eutside outdoor dining areas shall be effective for a perioC of one year
from the date of approval.
c. Permits ,:,ill..,,,wvh .... ~.1vv'h:''''''+ +,v ......... ~,, ~, ,,,~.1,~.,v..~ ...... ~,,~,4 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,
d. Ail outdoor ¢,., ...., ,,~.~o~'~""o,,,,~ furniture an 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,
e. All outdoor furniture and appurtenances shall be designed to withstand a minimum wind
pressure of not less than thirty (30) pounds per square inch minimum.
f. Colors and materials of outdoor furniture and ~ appurtenances shall be seleete6Lte-~
harmonious with the principal stcuCare and adjacent structures. Outdoor furn!turc and other
!ig h,h*/ ight pl ~; .........
g. The sale and consumption of alcoholic beverages ~n the eutskte outdoor dining areas shall be
subject to all requirements of chapter 13 of this code.
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.
j. Outsido Outdoor dining areas shall be exempt from applicable parking requirements. However-if
in the event that the outdoor dining area creates an overflow parking problem onto adjacent public
streets, the permittee must make provisions must--be-ma4~ for off-site parking on nearby
nonresidential properties.
k. Advertising or promotional features in a permitted outs!dc outdoor dining area shall be limited to
umbrellas or canopies, and shall be limited to no more than fifteen percent (15%) of the surface
area of a canopy or umbrella.
I. ~ Outdoor 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 on te adjacent properties.
n. The Village Manager, or his designee, shall review each outdoor dining application and
determine the hours of operation based upon compatibility with surrounding uses. In no
event, shall the outdoor dining area operate earlier than six o'clock (6:00) A.M. or later than
eleven o'clock (11:00) P.M.
2. Outdoor dining areas shall be permitted on public property, subject to the following criteria:
a. All regulations st~ set forth in subsection B1 of this section.
b. The use of public sidewalk space for , .~. .i: - - outdoor furniture and appurtenances
shall only be permitted incidental to the operation of a restaurant on private contiguous property.
(! ~,.~.,'~m ,~ .,...~a ~,,"" Friday and Saturday.
. The applicant shall submit a written statement indlc=t!ng thct acknowledging responsibility
for and agreeing to comply with the following: (i) the sidewalk area will be maintained in a clean
and safe condition; (ii) the required open portion of the sidewalk will be kept free from any
obstructions or encroachments pertaining [o the restaurant use; and, (iii) the proposed outdoor
dining area will com ply with all conditions of this Section ~.
d. In no event shall the operation of the outdoor e~ting dining area reduce the open portion of the
sidewalk to less than five feet (5') in width
e. Outdoor furniture and other appurtenances shall be constructed of durable materials, such as
wrought iron.
f. The applicant shall furnish the village with evidence of general liability insurance and dramshop
insurance, if applicable, inc!uding naming the village as a~qame~ an additional insured and
~nsuring the village against any liability resulting from the uses permitted by the a~F~,~e
permit issued under this section Minimum coverage cbc!! be 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 must shall restore the public sidewalk to its original state cncc when the operation of the
dining area ceases.
h. 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.
SECTION THREE: 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, Lohrstofer, Skowron, Wilks, Zadel
NAYES: None
ABSENT Corcoran
PASSED and APPROVED this 18In day of March, 2003.
"- Gerald L. Farle~F/
Village President
ATTEST:
De puty Village Clerk
H:\GEN\files\WIN\ORDINANC\Ch 14, Outdoor dining, march 2003,doc