A. Outdoor Sale And Service Of Seasonal Merchandise: The outside sale and service of seasonal merchandise at retail shall be permitted only under the following terms, conditions, restrictions and regulations in the commercial districts of this chapter:
1. Outdoor sales and storage shall only be allowed as an accessory use to the principal use of the property. However, outdoor Christmas tree sales shall be permitted with written approval of the property owner.
2. Outdoor sales and storage of items at retail shall be restricted to sales of seasonal merchandise during the time of the year when such items are normally used.
3. When merchandise is stored or displayed on pedestrian walkways, a minimum width of five feet (5') must be maintained free and clear of any storage, display or sales.
4. All outdoor sales and storage shall be restricted to private property, and no sales and storage shall be permitted on publicly owned property, except sidewalk sales in the central business district.
5. Outdoor sales and storage of merchandise in parking areas shall be approved by the director of community development.
6. All merchandise shall be kept in a neat, safe, sanitary and orderly fashion, free from garbage, rubbish and other debris.
7. There shall be no temporary or permanent storage of inventory in trailers.
B. Outdoor Dining: 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 dining areas located on the same zoning lot as the established restaurant:
a. Outdoor dining areas 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.
b. All outdoor furniture and 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.
c. All outdoor furniture and appurtenances shall be designed to withstand a minimum wind pressure of not less than thirty (30) pounds per square inch.
d. Colors and materials of outdoor furniture and appurtenances shall be harmonious with the principal and adjacent structures.
e. The sale and consumption of alcoholic beverages in the outdoor dining areas shall be subject to all requirements of chapter 13 of this code.
f. The proprietor shall provide adequate facilities for refuse disposal, as determined by the environmental health division.
g. 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.
h. Outdoor dining areas shall be exempt from applicable parking requirements. However, in the event that the outdoor dining area creates an overflow parking problem onto adjacent public streets, the permittee must make provisions for off site parking on nearby nonresidential properties.
i. Advertising or promotional features in a permitted 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.
j. Outdoor dining areas shall meet all applicable Village and state health requirements.
k. No music or other noises generated by the operation of the outdoor dining areas shall be audible on adjacent properties.
l. 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 set forth in subsection B1 of this section.
b. An application for the 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 minimum, the following information:
(1) A site plan showing location of the outdoor dining area;
(2) Plans and cut sheets demonstrating the type of barricades, landscaping and other features that will be utilized to define the 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 outdoor dining area;
(6) Photographs or other documentation showing the construction and appearance of all furniture and appurtenances to be used in the outdoor dining area, including materials and colors; and
(7) Provisions for refuse disposal for the outdoor dining area.
c. Approved permits for outdoor dining areas shall be effective for a period of one year from the date of approval.
d. The use of public sidewalk space for outdoor furniture and appurtenances shall only be permitted incidental to the operation of a restaurant on private contiguous property.
e. The applicant shall submit a written statement 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.
f. 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.
g. Outdoor furniture and other appurtenances shall be constructed of durable materials, such as wrought iron.
h. The applicant shall furnish the Village with evidence of general liability insurance and dramshop insurance, if applicable, naming the Village as an additional insured and insuring the Village against any liability resulting from the uses permitted by the permit issued under this section. Minimum coverage 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 A.M. Best insurance rating guide.
i. The operator of the outdoor dining area shall be responsible for any damage to public property and shall restore the public sidewalk to its original state when the operation of the dining area ceases.
j. 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.
C. Outdoor Storage On Residential Property: Outdoor storage on residential properties is prohibited except for the following: lawn and garden equipment and materials, garbage cans, grills and portable fireplaces, patio furniture, household tools, children's play equipment, and other items similar to the above as determined by the community development director. For regulations regarding the storage of commercial vehicles, or recreational vehicles and equipment, please refer to article XXII of this chapter. (Ord. 6286, 12-6-2016)