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ACCESSORY USE TOUR HOUSE: The use of a private, owner occupied principal-use dwelling unit, which possesses special architectural and/or historical significance, for tours by members of the public during limited hours and days of the week, conducted by the owner/resident of the dwelling unit for a fee. For the purposes of this Section, a house shall qualify as "owner-occupied" and an owner shall qualify as an "owner/resident" only if the owner of the house resides in the house as the owner's principal place of residence; and there are to be no extended absences from the tour house by the owner(s) during the primary tour season, beginning on Memorial Day and ending on Labor Day, each year in which the licensed tour house is in operation. Also, for purposes of this Section, tours shall be considered as "conducted by the owner/resident" if such tours are conducted by: 1) the owner/resident; 2) any person who volunteers to conduct tours on behalf of the owner/resident without remuneration; or 3) any person who is paid as an employee of the owner/resident to conduct tours on behalf of the owner/resident. (Ord. 1995-0-20, 3-20-95)
No person shall operate an accessory use tour house without first obtaining a license therefor as provided in Article 1 of this Chapter. Licenses shall be issued by the Village Clerk for a period of one year from the date of issuance, unless sooner revoked, and may thereafter be renewed for successive one year periods. No license shall be transferable to another person or location or to other accessory use tour house units. Such license shall be subject to the general licensing provisions of Chapter 8 of the Village Code, including the license suspension and revocation provisions set forth therein. (Ord. 1995-0-20, 3-20-95)
In addition to the requirements set forth in Article 1 of this Chapter and the requirement that the applicant shall comply with all applicable provision of the Municipal and Building Codes, Zoning Ordinance. State and Federal laws, including the Americans With Disabilities Act, no license shall be issued unless the following standards are met:
A. The President and Board of Trustees of the Village of Oak Park must authorize the accessory use tour house as a special use by ordinance before the Village may issue a license therefor, although the Village can give preliminary approval of the license, contingent upon the issuance of the special use permit.
B. The maximum occupancy for the accessory use tour house shall be established by the Fire Department and shall at all times be adhered to by the accessory use tour house owner/operator.
C. The owner of an accessory use tour house shall have liability insurance coverage covering tour guests of the accessory use tour house in the aggregate amount of at least one million dollars ($1,000,000.00), naming the Village, the Visitors Center and the Visitors Bureau as additional insureds; and a copy of the current certificate indicating such insurance coverage shall be submitted to the Village with application for a license or renewal of license. The owner shall notify the Village immediately of any change in insurance coverage. A change in insurance shall also necessitate the filing of a new certificate of insurance with the Village evidencing such changes.
D. In addition to meeting all fire, building and housing code requirements for one- and two-family dwellings, accessory use tour house shall also be required to meet the following standards:
1. Manual extinguishing equipment shall be provided on each floor in accordance with NFPA standards for the installation of portable fire extinguisher.
2. No door which must be used as a required means of escape shall be locked against egress when tour guests occupy the building. All locking devices which impede or prohibit egress or which cannot be easily disengaged shall be prohibited.
3. All combustibles or flammable liquids shall be stored in approved metal containers. No combustible storage shall be allowed in or under stairways.
4. All heating equipment shall be inspected and serviced at least annually by a competent heating contractor. Heating and ventilating systems should be contained in an equipment room isolated from the remainder of the building by fire resistant partitions and ceilings and protected doorways and other openings.
5. All hallways and stairways shall be adequately lighted (a minimum of 3 lumens) while the building is occupied by guests.
6. Smoke detectors shall be installed on each building level, including the basement. Battery powered smoke detectors shall be tested regularly in accordance with the manufacturer's instructions.
7. Storage, such as in a basement, shall be in a one hour rated enclosure when deemed in sufficient quantities to be hazardous.
8. An evacuation plan, including a floor plan of the accessory use tour house shall be submitted to the Fire Department for approval, which shall indicate the size of the building, exits, location of smoke detectors and location of extinguishing devices.
9. A drawing showing the direction of exit travel and the approximate distance in feet shall be conspicuously posted on each floor of the accessory use tour house which is open to the public.
10. Adequate exists from all parts of the structure should be provided in accordance with the NFPA life safety code.
11. No open flames (candles, lanterns, oil lamps, etc.) shall be permitted during the hours that an accessory use tour house is open to the public. Fireplaces, however, may be operated in the accessory use tour house during tour hours, provided that the following conditions are met:
a. Fireplaces and chimneys are to be inspected by competent chimney contractors on an annual basis and a copy of the chimney contractor's inspection report shall be submitted to the Fire Department for review and approval prior to the issuance or renewal of the business license;
b. Fireplaces are to be fitted with suitable screens or doors to prevent passage of sparks or embers; and
c. No combustibles shall be stored within five feet (5') around the fireplace opening. This shall include, but not be limited to, bedding, curtains, pillows and kindling.
12. No smoking shall be permitted in the accessory use tour house during the hours that the house is open to the public.
E. The license applicant shall submit a business plan at the time of submission of the license application which describes the activities planned under the proposed use, including, but not limited to:
1. Number of tours planned annually and the distribution of those tours throughout the days and weeks of the year.
2. Plan and layout for areas of the tour house to be toured and manner in which house tours will be conducted.
3. Hours and days of operation.
4. Amount of entry fee.
5. Merchandise offered and design of sales area.
6. Insurance coverage.
7. Certification of ADA compliance.
8. Staffing to conduct tours.
9. Marketing plans.
10. Signage.
11. Number of persons per tour.
12. Overflow crowd plans.
13. Emergency evacuation plans.
14. Traffic flow through house.
15. Transportation of tourists to and from tour house.
16. Vacation schedule and schedule of other known absences of the owner(s) from the tour house during the primary tour season, beginning on Memorial Day and ending on Labor Day. The schedule must be submitted to the Village annually prior to the beginning of the primary tour season and shall be amended as necessary to reflect changes in the schedule as they become known.
As part of the application process, the Visitors Bureau staff will be available to assist an owner/applicant in preparing his or her business plan. Whether that assistance is provided or not, the Bureau shall review the completed business plan and sign off on the business plan with a recommendation to approve or reject the plan. If the recommendation is to reject the plan, the Bureau must state the reasons therefor and what the applicant can do to correct the stated problems. The applicant will then be given an opportunity to make the necessary correction to the plan and to resubmit it to the Bureau for their review and recommendation. Once the Village Clerk has received the finalized plan of the applicant and the recommendation of the Visitors Bureau, the Clerk shall submit the plan and recommendation to the Village Board who will determine the sufficiency of the applicant's plan and will approve, reject or return the plan to the applicant through the Village Clerk with recommendations for revision and resubmittal. (Ord. 1995-0-20, 3-20-95)
No ancillary commercial operations or retail sales shall be permitted, except that souvenirs and mementos which portray a likeness or image of the tour house or some portion thereof, or convey information specifically related to the tour house as the primary content of such souvenir or memento may be sold within the tour house by the owner/resident of the tour house to members of the public touring such tour house. A token souvenir, such as a postcard or poster, may be offered without charge by the owner/resident of a tour house to each member of the public touring the tour house. The maximum floor area within the tour house devoted to the sale of such souvenirs and mementos shall be no greater than fifty (50) square feet. The Visitors Center may sell merchandise developed by tour house owners for sale at the tour house. (Ord. 1995-0-20, 3-20-95)
Except as otherwise restricted by the maximum occupancy limitation established under subsection 8-33-4B of this Chapter, the number of persons permitted to tour a tour house at one time shall be limited to thirty (30) persons; however, no single tour group touring a tour house together as a group shall exceed fifteen (15) persons. No tourist will be permitted in a tour house unless accompanied at all times during the tour by an authorized tour guide. (Ord. 1995-0-20, 3-20-95)
A. Exterior advertising signs shall not be permitted.
B. The following signs shall be permitted on the premises of an accessory use tour house:
1. On plaque of no more than eighteen inches (18") in height and width, located at eye level in the front of the property, constructed of material, design and color approved by the Design Review Commission and, containing the name of the home, architect and date built;
2. One informational sign directing inquiries for tour information to the Visitors Center and containing the Visitors Center address and phone number. Such sign shall be no more than eighteen inches (18") in height and width and shall be visible from the walk approaching the front entrance. The material, design and color of the sign shall also require the approval of the Design Review Commission.
If any provision contained in this Section conflicts with the Village sign ordinance or any other Village ordinance or regulation, this Section shall take precedence over such other conflicting ordinance or regulation. (Ord. 1995-0-20, 3-20-95)
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