A. Temporary Uses Permitted: "Temporary uses", as defined in this development control ordinance, shall be permitted in all zoning districts, subject to the restrictions and standards established in this ordinance, provided that any temporary use or structure shall meet the bulk regulations and parking requirements established in this chapter. No temporary use or structure shall continue for such a length of time that it constitutes in effect a permanent use. Recurring temporary uses and structures, where the same temporary use or structure is established on the property on an annual basis or other regularly periodic basis, shall be treated as a conditional use and shall be subject to the regulations established in chapter 3, "Administrative Bodies And Procedures", of this ordinance.
B. Compliance With Building, Electrical And Fire Prevention Codes: Notwithstanding any other provision of this ordinance, any tent, trailer, building or structure subject to the requirements of this ordinance and intended or used for human occupancy shall comply with the building, electric and fire prevention codes of the village and shall not be used or occupied until a temporary use permit has been issued by the director of code enforcement.
C. Additional Restrictions: Restrictions on temporary uses and/or sales made as part of any temporary uses shall not apply to any use which is conducted entirely on private residential property, operated by the person, company, or organization owning the property, provided that the duration of the temporary use does not exceed forty eight (48) hours and is repeated not more than four (4) times a year.
D. Temporary Uses And Structures Subject To Administrative Approval: The following temporary uses and structures are permitted in any zoning district if they meet the requirements of this ordinance and receive a temporary use permit from the chief building official:
1. Construction trailers, equipment storage sheds and portable lavatories, provided that:
a. The trailer, shed or portable lavatory is an integral part of the construction of an active building development;
b. The trailer, shed or portable lavatory is located on the same lot as the building development or an abutting lot;
c. The trailer, shed or portable lavatory shall remain on the property no longer than the time of active construction; and
d. The trailer, shed or portable lavatory will be located no closer than ten feet (10') from any other property line located within or adjacent to a residential district.
2. Portable lavatory for public uses, provided that:
a. The portable lavatory is for a specific event and incidental to the public use; and
b. The portable lavatory is located on the same lot as the public use; and
c. For events having a duration of forty eight (48) hours or less, the portable lavatory must be located no closer than twenty five feet (25') from any other property line located within or adjacent to a residential district.
d. For events having a duration in excess of forty eight (48) hours, the portable lavatory must be located no closer than one hundred feet (100') from any other property line located within or adjacent to a residential district.
e. In no case shall the portable lavatory remain on the property longer than ninety (90) days and no longer than forty eight (48) hours after the event is over.
f. Notwithstanding the general restrictions placed on portable lavatories used by the public, upon request of the Western Springs park district or Lyons township district 204, the department of code enforcement shall have the authority to permit portable lavatories to be placed in the parks or school athletic fields from April 1 to October 31 of each year with such screening as may be reasonably necessary to minimize the visual impact of the portable lavatories. The number of such lavatories shall be determined by the department of code enforcement after consultation with park district or high school officials, but the location of such lavatories shall be consistent with the restrictions on location as set forth in subsection D2d of this section.
3. Christmas tree sales lots, provided that:
a. The use is located on a lot that fronts a collector or arterial street;
b. The use is located on a vacant lot or parking area;
c. The trees are located at least fifty feet (50') from any structure on another lot;
d. Trees remaining on hand after December 25 shall be removed from the premises no later than December 31 of the same year;
e. A refundable cash deposit, in the amount of two hundred fifty dollars ($250.00) is posted with the village in order to assure that the site is properly cleaned after the sale is completed; and
f. The use is located in a commercial district.
4. Art, craft and book sales.
5. Sidewalk sales.
6. Vendors' carts and stalls, provided that:
a. The cart or stall will not block a driveway or other point of emergency vehicular access to any property;
b. The cart or stall will not block a public sidewalk or street;
c. The vendor has the express written consent of the owner of the property to place the cart or stall on the property; and
d. Where operating on a public right of way or public property, the vendor shall maintain an insurance policy that designates the village as an additional insured party against any liability for personal injuries or property damage.
7. Garage sales; occurring four (4) or fewer times per calendar year. (Ord. 01-2167, 5-21-2001)
8. Pet chickens and outdoor chicken shelters on residential lots. In order to maintain pet chickens and outdoor chicken shelters, the following regulations shall be followed:
a. No person shall keep or harbor any rooster.
b. No person shall keep or harbor more than four (4) chickens on any residential lot.
c. Chickens shall be kept in a covered outside enclosure or inside a residence or a garage when left unattended. The shelter regulations are described below.
d. Chickens shall not be permitted to run at large in the village.
e. Chickens may be allowed outside in a fenced rear yard area or other permanently fenced area or temporarily fenced area while in the presence of their owners or keepers.
f. There shall be no slaughtering of any poultry outdoors on any residential lot.
g. Chicken shelter regulations:
(1) An outdoor shelter shall be located only in the rear yard of a lot and no closer than ten feet (10') of either side yard lot line and no closer than five feet (5') from any rear yard lot line.
(2) The interior area of any shelter and the rear yard area shall be maintained in a sanitary condition.
(3) Outdoor shelters shall be designed to be architecturally compatible with the principal residence or any existing accessory structure or the principal residence's rear yard landscape theme and shall be constructed of quality, durable building materials. Outdoor shelters shall be constructed and maintained to be weatherproof in order to withstand inclement and extreme weather and to be secure from predators. A professional predator protection system approved by the community development department shall be installed on any outdoor shelter.
(4) All shelters shall be designed and constructed with adequate ventilation and in a manner that allows them to be easily cleaned.
(5) Maximum roof height shall not exceed eight feet (8'). For a pitched roof, the eight foot (8') measurement shall be to the midpoint of the pitched roof. (Ord. 12-2697, 11-5-2012)
E. Temporary Uses And Structures Subject To Approval By The Village Board: The following temporary uses and structures, and any other temporary uses and structures not specified in this section, are permitted only upon approval by the village board and based upon the standards set forth below:
1. Carnivals, provided that:
a. No carnival shall be set up, run, operated or conducted within the limits of the village unless a written permit from the village board has been issued, setting forth the conditions under which such carnival shall be operated. The permit shall be granted upon the condition that there shall not be set up or operated any gambling device, lottery, number or paddle wheel, number board, punchboard, or other game of chance, or any lewd, lascivious or indecent show or attraction making an indecent exposure of the person or suggesting lewdness or immorality.
b. The operator shall comply with the provisions of division 54.1 (carnivals) of the Illinois municipal code 1 , as amended, and the carnival and amusement rides safety act 2 , as amended, as a condition of approval of a village permit to operate a carnival. Division 54.1 (carnivals) of the Illinois municipal code 3 , as amended, and the carnival and amusement rides safety act 4 , are incorporated herein by reference as if fully set forth in this section.
d. Trailers and other equipment do not block driveways or other points of emergency vehicular access to any property.
e. Trailers and other equipment do not block a public street, alley or sidewalk.
f. The operation will be located entirely within the private or public property designated for the event. (Ord. 08-2495, 5-12-2008)
2. Vendors' carts and stalls provided that:
a. The cart or stall will be located on a lot in the C1 or C2 district;
b. The cart or stall will be located between the principal building and a public street;
c. The cart or stall will not block a driveway or other point of emergency vehicular access to any property;
d. The cart or stall will not block a public sidewalk;
e. The vendor has the express written consent of the owner of the property to place the cart or stall on the property; and
f. Where operating on a public right of way or public property, the vendor shall maintain an insurance policy that designates the village as the insured party against any liability for personal injuries or property damage.
3. Produce and farmers' markets.
4. Garage sales; occurring more than four (4) times per calendar year.
5. Uses or activities in relation to which a person has filed a petition under this ordinance (section 10-3-11 of this ordinance) for an exemption from any development control code regulation or any village policy or practice, provided that the board of trustees finds that the below criteria have been met. The board of trustees shall issue a temporary use permit if it makes a preliminary finding, based on the information contained in the person's exemption petition and the written recommendation of the chief building official, that the issuance of a temporary use permit is necessary to avoid or resolve any potential violation of the religious based rights afforded to any person under federal or state law caused by the enforcement of such village regulation, policy or practice, provided that no temporary use permit shall be granted if the board determines that: a) the regulation, policy or practice constitutes or furthers a compelling governmental interest in need of protection, and b) the regulation, policy or practice is the least restrictive alternative for achieving the compelling governmental interest. The temporary use permit shall be limited to the land use or activity that is the subject of the exemption petition and shall expire at the time the board issues its decision in relation to the exemption petition. (Ord. 01-2167, 5-21-2001)
F. Outdoor Cafes In The Village Center Commercial District And The Community Shopping District:
1. Eligibility:
a. Outdoor cafes are allowed as temporary uses in the C1 and C2 zoning districts on private property and on public rights of way, provided that the proposed operator secures permission to use the property from the property owner. Proof of such permission (letter, lease, etc.) shall be provided to the director of community development as part of the application.
b. The use of public or private sidewalks for outdoor cafes shall only be permitted incidental to the restaurant that operates the outdoor cafe. The outdoor cafe shall be located adjacent to the building that contains the operating restaurant. As part of the approval of an outdoor cafe permit, the village board shall approve the operating rules, location and layout of the outdoor cafe after consideration of the criteria set forth in subsection F2d of this section. The service or consumption of alcoholic beverages within an outdoor cafe is prohibited, unless the village board has created a liquor license for such activity and a liquor license has been issued to the outdoor cafe operator by the local liquor control commissioner.
2. Requirements For Outdoor Cafes:
a. A completed annual application on a village issued form with a written narrative describing the layout and operation of the outdoor cafe shall be filed by the applicant with the village clerk's office.
b. All tables, chairs and other appurtenances shall be removed during the months of December to March or if required by the village at any other time. During cold or inclement weather, an outdoor cafe may be fully or partially enclosed by temporary windblocks, provided that the temporary structure is approved by the village board and once it is constructed, the director of community development confirms that it conforms to the applicable provisions of the village code.
c. The operation of an outdoor cafe shall comply with state and village fire and health code regulations, accessibility laws and regulations and all other applicable provisions of federal, state or county law and the village code.
d. The outdoor cafe shall not be detrimental to the health, safety or general welfare of persons residing or working near the outdoor cafe. In the approval of a layout for a proposed outdoor cafe that is adjacent to residential property, the village board will give consideration to requiring architectural elements, such as fencing, screening, vegetation or other appropriate structures, that can serve as a buffer to minimize the impact of noise on the adjacent residential property. As part of the renewal application for an outdoor cafe, the village board may reexamine the previously approved operating rules, location or layout and require changes or alterations to the operating rules, location or layout in order to meet the health, safety or general welfare criteria set forth above. No food may be stored, cooked or otherwise prepared in the outdoor cafe. No live entertainment shall be permitted in the outdoor cafe.
e. The operation of outdoor cafes shall be permitted only between the hours of six o'clock (6:00) A.M. and ten o'clock (10:00) P.M. on Sundays through Thursdays, and between the hours of six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. on Fridays and Saturdays. Prior to the opening time and after the closing times listed above, patrons will not be allowed to occupy an outdoor cafe.
f. All outdoor cafe permits shall be subject to review and approval by the village board and such permits may be revoked by action of the village board at any time with thirty (30) days' notice or immediately by the village board or the director of community development in the event of a public health or safety issue.
g. If utilizing the public right of way, the applicant must enter into a license agreement with the village or another type of agreement for use of the right of way if another public entity owns the right of way. The village's license agreement requires the applicant to agree to hold harmless and indemnification provisions, and submit to the village evidence of general liability insurance that names the village and its appointed and elected officials, employees, agents, attorneys, engineers and volunteers (village affiliates) as named additional insureds and insuring the village and its affiliates against any liability resulting from the uses permitted by this section. Minimum coverage shall be two million dollars ($2,000,000.00) per occurrence for general liability insurance and the policy shall have no less than an A rating by the most recent "AM Best Insurance Rating Guide". If the outdoor cafe is located on private property, the applicant must still maintain the above insurance coverage, with the village and village affiliates named as additional insureds, and must submit proof of such coverage to the village as part of being eligible to receive a permit.
h. In no case shall the operation of an outdoor cafe reduce the open portion of a public sidewalk to less than five feet (5') clear of all obstructions (i.e., street lighting, benches, trees, etc.). The applicant may apply to the village to use the entire width of a private sidewalk to locate the outdoor cafe but in such case an adequate, alternate means of access will have to be demonstrated and dedicated for use in the event a private sidewalk is required for access purposes to a building or structure.
i. All maintenance and upkeep of the public right of way and any private property associated with the operation of the outdoor cafe shall be the responsibility of the owner/operator of such cafe (upkeep includes cleanup of tables, chairs, trash, litter and washing of sidewalks and the replacement of damaged public property). The owner/operator shall provide and maintain in a clean and neat manner at least one covered trash receptacle within or adjacent to the outdoor cafe. The covered trash receptacle(s) shall be emptied once full and also each day upon closing of the outdoor cafe.
j. The village board reserves the right to impose as part of approval of a permit such other regulations on the operation of an outdoor cafe as are deemed necessary and appropriate under the circumstances.
3. Design Criteria:
a. All outdoor furnishings shall be designed to withstand a wind pressure of not less than thirty (30) pounds per square foot.
b. Tables to be placed within the public right of way shall not have a surface area greater than nine (9) square feet, shall be easily removable and may not impede safe movement.
c. Materials and finishes shall be selected for their durability and wear as well as for their appearance. Proper measures shall be taken to correct damage or decline due to the elements, neglect, or abuse.
d. Devices incorporated to separate the outdoor cafe from pedestrian pathways, such as fencing or planters, must conform to the above standards of design.
4. Submittal Requirements:
a. Completed application form, an application fee of one hundred dollars ($100.00) and a written narrative describing the layout and operation of the outdoor cafe shall be filed by the applicant with the community development department.
b. Proof of insurance listing the village and its affiliates as additional insureds.
c. A signed license agreement, prepared by the village attorney, containing hold harmless and indemnification provisions.
d. Site plan drawn to accurate scale illustrating the location and dimensions (in feet with total square foot area) of the proposed outdoor cafe, including a seating and table plan, facade elevations, pedestrian traffic flow inside and outside the outdoor cafe and proposed planters, fence, borders, awnings, and umbrellas. If the outdoor seating area is proposed to be located on the public right of way, the drawings must also include the location of existing public improvements, including fire hydrants, street signs, streetlights, traffic signals, mailboxes, trees and tree grates, planting boxes or planting areas or other overhead obstructions, or any other public obstruction.
e. Catalog cuts and/or photographs of all furniture and other appurtenances to be located within the outdoor cafe.
5. Approval Process:
a. Initial applications shall be reviewed by the director of community development, and other appropriate departments as necessary, with a staff recommendation forwarded to the village board. Upon receipt of the staff recommendation, the application shall be approved or denied by the village board at a public meeting.
b. Applications for permit renewals, provided no or minimal changes are requested, shall be approved by the director of community development, unless the previous operation of the outdoor cafe constituted a nuisance or the operator otherwise refused to comply with the applicable village code provisions. In the event the village board decides that the previously approved operating rules, location or layout require changes or alterations in order to meet the health, safety or general welfare criteria set forth in subsection F2d of this section, the application for permit renewal is subject to approval by the village board.
c. An outdoor cafe permit approval shall not be subject to the conditional use process unless some other aspect of the land use requires or has already received a conditional use approval. (Ord. 09-2529, 3-23-2009)
Notes
| 1 | 1. 65 ILCS 5/11-54.1 et seq. |
| 2 | 2. 430 ILCS 85 et seq. |
| 3 | 3. 65 ILCS 5/11-54.1 et seq. |
| 4 | 4. 430 ILCS 85 et seq. |
| 5 | 5. 65 ILCS 5/11-54.1 et seq. |
| 6 | 6. 430 ILCS 85 et seq. |