(A) Overhanging Structures: Any existing awning, marquee, advertising sign or similar overhanging structure supported from a building immediately adjacent to the limits of the platted street where there is a sidewalk extending to the building line and which does not impair the free and safe flow of traffic on the highway; the permissive retention of overhanging signs is not to be construed as being applicable to those signs supported from poles constructed outside of the right-of-way and not confined by adjacent buildings.
(B) Other Encroachments: Roadways, sidewalks, utilities, and road signs.
(C) Irrigation System: Lawn irrigation system pipes and sprinkler heads when authorized by a license indemnification and hold harmless agreement signed by the Village Manager or his designee.
(D) Vegetation: Any tree or tree limb, shrub or other vegetation which is located in or overhangs any right-of-way that does not impede or interfere with vehicular, pedestrian, or bicyclist travel, including safe line of sight, or otherwise negatively impact health and life safety as may be determined by the Village.
(E) Mailboxes On Public Right-Of-Way: When required by Federal rules and regulations, a single mailbox per residential or commercial address may be installed upon the public right-of-way under the jurisdiction of the Village, provided that such mailbox is installed in compliance with the following requirements:
1. The mailbox shall be installed so that the bottom of the mailbox is between forty one inches (41") and forty five inches (45") above the roadway. The front face of the mailbox shall be between six inches (6") and eight inches (8") behind the back of the curb on curb and gutter streets, or between six inches (6") and eight inches (8") behind the back edge of the shoulder of any roadway without curbs and shall be consistent with all applicable State and Federal regulations.
2. The mailbox shall be mounted on one of the following support structures:
(a) Four inch (4") by four inch (4") wooden post;
(b) Light gauge hollow cast iron, galvanized steel or painted steel pipe not more than two inches (2") in diameter;
(c) Hollow brick veneer column constructed of finishing brick provided that the support structure shall have dimensions of no more than twenty inches (20") by twenty four inches (24") and shall be no more than sixty four inches (64") in height.
Other structures, including, but not limited to, masonry, brick, stone or rock columns with or without rebar reinforcement which are cement filled, standard railroad rails and any cement filled containers such as milk cans, tanks or barrels are prohibited.
The support structure shall be secured firmly in the ground. With the exception of brick veneer columns, no such structures shall be secured to a foundation.
3. Any existing mailbox/support structure encroaching on a curb or on the shoulder in the case of a roadway without curbs, shall be corrected to meet the setback specifications of this chapter within a reasonable period of time.
4. Any mailbox/support structure not in compliance with the provisions of this chapter damaged by a Village vehicle shall be brought into compliance with the provisions of this chapter at the time of repair/replacement at the owner's sole expense.
5. Any mailbox or support structure located and constructed in compliance with the provisions of this chapter, if damaged by the Village through the act of omission of one acting as an agent or employee of the Village, shall be repaired or replaced by the owner; however, the Village shall reimburse such damage not to exceed an amount as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”. No reimbursement shall be made by the Village for damage to a mailbox or support structure which is not in compliance with the provisions of this chapter. Damage caused by flying snow shall not be reimbursed by the Village.
(F) Outdoor Eating And Drinking On Public Right-Of-Way: An outdoor eating and drinking area on public right-of-way shall comply with the following requirements:
1. Prior to commencing outdoor eating and drinking on the public right-of-way, a revocable permit shall be obtained from the Village.
(a) The Village Manager, Development Services Director, Public Works Director or Chief of Police shall have the authority to suspend or revoke outdoor eating and drinking privileges.
2. For all licensed premises, certificates of insurance naming the Village of Lisle as an additional insured and an indemnification agreement is required. Insurance amounts shall be in accordance with Title 1, Chapter 20, "Fees, Fines, Insurance, Guarantees, and Regulatory Measures".
3. Design plans shall be provided indicating the location of the outdoor eating and drinking area. Plans shall depict compliance with the following design requirements:
(a) All items placed on the public right-of-way for the operation of the outdoor eating and drinking area shall be located so that a clear path of at least six (6) contiguous feet parallel or two (2) separate paths of at least three feet (3') are provided for passage of pedestrians.
(b) All items placed on the public right-of-way for the operation of the outdoor eating and drinking area shall be located so that a clear path of at least three (3) contiguous feet is provided from the main building entrance.
(c) All items placed in the public right-of-way for the operation of the outdoor eating and drinking area shall not be located in pedestrian crosswalk access aisles.
(d) Tables and chairs shall be rated for outdoor use.
(e) Umbrellas must be secured to a base or anchor.
(f) The outdoor eating and drinking area shall comply with the Illinois Accessibility Code.
4. The outdoor eating and drinking area shall be under the direct supervision and control of the principal restaurant and shall be operated only during the same hours as the principal restaurant. Fencing or a barrier delineating the area may be required.
5. Items placed on the public right-of-way for the operation of the outdoor eating and drinking area shall not be permanently attached or anchored.
6. Alcoholic beverages shall not be served or consumed outside of the outdoor eating and drinking area.
7. The outdoor eating and drinking area shall be promptly bussed and maintained. The adjacent sidewalk area shall be maintained free of trash, litter, debris and obstructions. Outdoor eating and drinking areas without waitstaff shall provide at least one trash receptacle within the outdoor dining area.
8. Tables, chairs, umbrellas, and barriers are permitted to remain on the public right-of-way overnight during the active permit period. Umbrellas shall be closed. No items shall be secured to public property overnight.
9. Smoking within the outdoor eating and drinking area is prohibited.
10. Outdoor lighting is permitted, subject to compliance with the Village's building regulations.
11. It is the permit holder's responsibility to be aware of severe weather, to provide evacuation directions if necessary, and secure outdoor eating and drinking area items.
12. Portable outdoor gas-fired heating appliances are permitted, subject to compliance with the Village's Building Regulations.
13. It is the permit holder's responsibility to ensure that outdoor areas are cleared to facilitate snow removal. If areas are not cleared of all obstructions, snow removal is the responsibility of the permit holder.
(G) Outdoor Retail Display On Public Right-Of-Way: Outdoor retail display on public rights-of-way shall comply with the following requirements:
1. Prior to commencing outdoor retail display on the public right-of-way, a revocable permit shall be obtained from the Village.
(a) The revocable permit is only available to retail businesses that operate on Main Street.
(b) The revocable permit shall be valid from April 1st through October 31st.
(c) The revocable permit shall be renewed with the Village on an annual basis.
(d) The Village Manager, Development Services Director, Public Works Director or Chief of Police shall have the authority to suspend or revoke outdoor retail display permits and privileges.
2. For all licensed premises, certificates of insurance naming the Village of Lisle as an additional insured and an indemnification agreement is required. Insurance amounts shall be in accordance with Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”.
3. Design plans shall be provided indicating the location of the outdoor retail display area. Plans shall depict compliance with the following design requirements:
(a) All items placed on the public right-of-way for the purpose of outdoor retail display shall be located so that a clear path of at least six (6) contiguous feet parallel to the street is provided for passage of pedestrians.
(b) All items placed on the public right-of-way for the purpose of outdoor retail display shall not extend more than three feet (3') from the building facade.
(c) All items placed in the public right-of-way for the purpose of outdoor retail display shall not be located in pedestrian crosswalk access aisles.
(d) Outdoor retail displays shall not exceed six feet (6') in height.
(e) All items placed on the public right-of-way for the purpose of outdoor retail display shall be located so that a clear path of at least three (3) contiguous feet is provided from the main building entrance.
(f) The outdoor retail display area shall be located directly in front of the use it serves and shall not extend beyond the building width.
(g) The outdoor retail display area shall comply with the Illinois Accessibility Code.
4. The outdoor retail display area shall be under the direct supervision and control of the principal retail business and shall be operated only during the same hours as the principal retail business.
5. Merchandise shall originate from the principal retail business.
6. Items placed on the public right-of-way for retail display shall not be permanently attached or anchored.
7. The outdoor retail display shall not be stored outside overnight.
8. The amplification of sound is prohibited.
9. Decorative outdoor lighting in, above, or adjacent to the outdoor retail display area is prohibited.
(H) Vestibules On Public Right-Of-Way: Vestibules on public rights-of-way shall comply with the following requirements:
1. Permit Required: Prior to erecting or installing a vestibule on the public right-of-way, a temporary building permit shall be obtained from the Village.
(a) The temporary building permit shall be valid from November 1st through March 31st.
2. Insurance And Indemnification: For all licensed premises, certificates of insurance naming the Village of Lisle as an additional insured and an indemnification agreement is required. Insurance amounts shall be in accordance with Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”.
3. Design: Plans shall be provided indicating the location of the vestibule and design specifications. Vestibules shall comply with title 4 of this Code and shall comply with the following location requirements:
(a) The vestibule shall be located so that a clear path of at least six (6) contiguous feet parallel to the street is provided for passage of pedestrians.
(b) The vestibule shall be located directly in front of the use it serves and shall not extend beyond the building width. (Ord. 2018-4797, 11-19-2018; amd. Ord. 2021-4921, 9-20-2021; Ord. 2022-4957, 4-18-2022)