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 are permitted on the same zoning lot as and in conjunction with an established restaurant in the B-3, B-4, or B-5 zoning districts subject to the regulations of this code section. A permit is not required if the outdoor dining area complies with these regulations and is located on private property. A permit is required if the proposed outdoor dining area will be located on public property (i.e. pubic right-of-way). Permits for outdoor dining are valid for one year and businesses are required to reapply each year.
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 Community Development Department's Planning Division at (847) 818-5328.
The following provides an overview of the Village Code requirements related to operating an outdoor seating area:
- Outdoor dining permits are required for dining areas to be located on public property (i.e. public right-of-way). A permit is not required for dining areas located on private property;
- 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.
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 section 14.311B. 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 you have any questions, or need additional information, please feel free to contact the Village’s Community Development Department at (847) 818-5328.