Outdoor Dining
Application
UPDATE:
On July 17, 2007 the Mount Prospect Village Board amended Section
14.311 of the Village Code, “outdoor dining. The change removed the
application process for establishments offering outdoor dining on
private property – provided that such outdoor dining still complies
with Village regulations for outdoor dining. The standards for
outdoor dining were not changed, only the need to apply for a formal
permit if the outdoor dining occurs on private property. Permits are
still required for outdoor dining on the public right-of-way.
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Those
businesses with a valid permit for outdoor dining on public property
(the public right-of-way) are reminded that outdoor dining permits
are valid for only one year and that you are required to resubmit a
new application each year, including proof of insurance. Once
approved, businesses must comply with the information provided in
their application and all applicable Village regulations.
Not all
businesses are able to provide outdoor dining due to the geographic
constraints of their particular business. To determine if your
business is able to provide outdoor dining, consult Section 14.311,
or contact the Planning office at (847) 818-5328.
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The Village of Mount Prospect is excited to hear about
your interest in opening an outdoor dining area. In order to promote a healthy
relationship between your business, your customers, and the surrounding property
owners, the Village has adopted specific regulations relating to outdoor dining.
The Village’s Zoning Code Section 14.311B contains specific regulations
regarding outdoor dining. Outdoor dining areas (located on the same zoning lot
and in conjunction with an established restaurant) are allowed by permit within
the B-3 Community Shopping, B-4 Business Retail & Service, B-5/B5-C Central
Commercial zoning districts. This informational brochure outlines some of the
Village regulations and application requirements. For a complete listing of the
requirements and limitations please refer to Section 14.311B of the Village
Code.
OPERATIONAL LIMITATIONS:
Outdoor dining permits are effective for a period of one year from the date of
approval. An outdoor dining permit may be revoked by the Village at any time
(upon 14 days notice) for failure to comply with the Village’s regulations;
All outdoor furnishings shall be constructed and displayed in such a manner as
to allow for their easy removal during the winter months and/or if required by
the Village;
The sale and consumption of alcoholic beverages within the outdoor dining area
shall be subject to all requirements of Chapter 13 in the Village Code. Liquor
Licenses are available through the Village Manager’s Office. If the outdoor
dining area is located within 300 feet of a residential area and alcohol will be
served, special licensing may be required;
The restaurant operator shall provide adequate facilities for refuse disposal,
subject to review and approval by the Village’s Environmental Health Division;
No music or other noises generated by the operation of the outdoor dining area
shall be audible on adjacent properties;
Outdoor dining areas shall be exempt from the applicable Village 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 nonresidential properties;
Advertising or promotional features in a permitted outdoor dining area shall be
limited to umbrellas and canopies, and shall be limited to no more than 15% of
their surface area; and
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 of
the outdoor dining area.
APPLICATION REQUIREMENTS: Your completed outdoor dining application should be
submitted to the Village’s Community Development Department. The following
information must be submitted with the outdoor dining application:
A site plan indicating the proposed location of the outdoor dining area and the
area’s distance from all of the property lines and cut sheets demonstrating the
type of barricades, landscaping or other features that will be utilized to
define the outdoor dining area and enhance the aesthetic appeal of the area;
Information regarding the proposed hours of operation: The Village 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 6:00 AM or later than 11:00 PM;
Sign the Outdoor Dining Agreement 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. In no event shall the operation of the outdoor dining area reduce the
open portion of the sidewalk to less than five feet (5') in width.
Detailed information regarding the construction and appearance of all furniture
to be used within the outdoor dining area. The color and material of the
proposed outdoor furniture should be harmonious with the principal structure and
adjacent structures. The outdoor furniture should also be constructed of durable
materials (such as wrought iron), while the use of lightweight materials (such
as aluminum or plastic) is discouraged. It should be noted that all furniture
used within the outdoor dining area shall be designed to withstand a wind
pressure of no less than 30 pounds per square inch;
Information regarding refuse disposal within the outdoor dining area; and
If your dining area will be on the sidewalk or public right-of-way, you must
provide evidence of general liability insurance and dramshop insurance, if
applicable, naming the Village of Mount Prospect as an additional insured and
insuring the Village against any liability resulting from the uses permitted by
the Village. Minimum coverage for general liability insurance and dramshop
insurance shall be as set forth in Appendix A, Division I of the Village Code,
and shall have no less than an “A” rating by the most recent AM Best Insurance
Rating Guide.
The Village hopes this information is helpful in completing the outdoor dining
application process. If should have any questions, or need additional
information, please feel free to contact the Village’s Community Development
Department at (847) 818-5328.
Village of Mount Prospect
Community Development Department
50 S. Emerson Street
Mount Prospect, IL 60056-3266
Phone: (847) 818-5328
Fax: (847) 818-5329
www.mountprospect.org
Updated July 2006 |