Ordinance 2017-53 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO.2017-53
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS,AMENDING THE YORKVILLE ZONING ORDINANCE BY ADDING
GUIDELINES, STANDARDS AND PROCEDURES FOR TEMPORARY AND
SEASONAL USES IN THE CITY'S RIGHT-OF-WAY
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 240'day of October,2017
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on November 30,2017.
Ordinance No. 2017- 53
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS,AMENDING THE YORKVILLE ZONING ORDINANCE BY ADDING
GUIDELINES, STANDARDS AND PROCEDURES FOR TEMPORARY AND
SEASONAL USES IN THE CITY'S RIGHT-OF-WAY
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, pursuant to Section 10-4-10 of the Yorkville Zoning Ordinance the City
may initiate amendments to the Yorkville Zoning Ordinance; and,
WHEREAS, the City filed seeking an amendment to the Yorkville Zoning Ordinance to
encourage the revitalization of the downtown and other areas of the City by allowing temporary
and seasonal uses such as sidewalk cafes and parklet cafes in the City's right-of-way; and,
WHEREAS, the Planning and Zoning Commission convened and held a public hearing
on October 18, 2017, to consider the request and made Findings of Fact and Recommendations
to the City Council to approve the requested text amendments.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: The above recitals are incorporated and made a part of this Ordinance.
Section 2: That Chapter 3, General Zoning Provisions, of the United City of Yorkville
Zoning Ordinance of the Yorkville City Code is hereby amended by adding a new Section 10-3-
13 entitled, Temporary and Seasonal Uses, to read as follows:
(The remainder of this page is blank)
Ordinance No.2017- 53
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"10-3-13: TEMPORARY AND SEASONAL USES
A. PURPOSE:
To further encourage the revitalization of the downtown and other areas within the City, these
standards, guidelines and procedures are intended to provide a temporary but unique
environment for relaxation, social interaction, and food or beverage consumption within the
public right-of-ways and public sidewalks without impeding the free and safe flow of pedestrian
or vehicular traffic.
B. DEFINITION:
SIDEWALK CAFE': A temporary outdoor dining area consisting of a group of tables, chairs or
other seating fixtures and all related appurtenances located on a public sidewalk where patrons
may consume food and/or beverages provided by an abutting business establishment having the
same operator. Such establishments may either provide table service in the outdoor dining areas
or sell takeout items to be consumed in the outdoor dining area. These regulations do not apply
to outdoor dining on private property.
PARKLET CAFE: A temporary expansion of a business creating an outdoor dining facility on
part of the public street right-of-way that immediately adjoins the licensed premises for the
purpose of consuming food and/or beverages prepared at or provided by the business adjacent
thereto.
C. GENERAL PROVISIONS:
1. A sidewalk cafd or parklet cafd shall not be considered an "encroachment" so.long as all
outdoor facilities related thereto are temporary in nature, are not permanently affixed so
as to extend below or above the sidewalk or public right-of-way, involve no penetration
of the sidewalk surface or public right-of-way, are not attached to any building and are
readily removable without damage to the surface of the sidewalk or public right-of-way.
2. Sidewalk Cafes and Parklet Cafds shall be permitted from April 1St through October 31St
Time extensions may be granted for sidewalk cafd and parklet cafd operations per the
discretion of the Community Development Director on a case-by-case basis. Parklet
Cafds not removed after October 31 st and without an approved extension may be removed
by the City at the owner's expense.
3. Permit Required: Outdoor dining on a public sidewalk or within the right-of-way may
occur only pursuant to the issuance of permit issued to the business owner.
4. Prohibited Locations: Outside dining will not be permitted on sidewalks or within the
public right-of-way designated by the City Council as shared bicycle and pedestrian trails
or paths.
5. Seating in the sidewalk cafe or parklet cafd shall not be included to meet the required
guest seating capacity for any license classification.
6. Permit Transfer: A sidewalk cafe or parklet cafe permit is non-transferrable.
7. Zoning Requirements: All sidewalk cafes and parklet cafes shall be located in all
business zoned districts. Outdoor dining on a public sidewalk or public-right-of-way shall
Ordinance No.2017- 3
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be subject to the requirements and limitations set forth in this code and all applicable
federal, state, county and local statutes, ordinances and regulations.
8. Indemnification: The permittee shall defend, indemnify, and hold the city, and its
employees harmless from and against any loss or damage arising from the use or
existence of the improvements or encroachment authorized under the sidewalk cafe or
parklet cafe permit.
D. DEVELOPMENT STANDARDS & DESIGN GUIDELINES:
1. The following standards, criteria, conditions and restrictions shall apply to all sidewalk
cafes and parklet cafes, provided, however, that the Community Development Director or
designee may impose additional conditions and restrictions to protect and promote the
public health, safety, or welfare to prevent a nuisance from developing or continuing, and
to comply with all other City ordinances and applicable state and federal laws.
Example of Sidewalk Caf6 Example of Parklet Cafd
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2. Design Guidelines
a. Sidewalk Cafe
i. DESIGN ELEMENTS: Elements of a typical sidewalk cafe may include,
but are not limited to, the following: barriers, planters, tables, chairs,
umbrellas, menu display, heat lamps and ingress/egress access point. The
design, material and colors used for the furniture and fixtures within the
sidewalk cafe should complement the architectural style and colors of the
building fagade and public street furniture, if any, and withstand inclement
weather.
ii. SETBACKS:
1. All sidewalk cafes must allow for a minimum five (5) foot
unobstructed pedestrian passage way on the sidewalk. No element
of the sidewalk cafe, as described above, may obstruct the
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pedestrian way. Light poles, tree wells, fire hydrants and other
such items may fall within the pedestrian path allowed between the
curb and the leading edge of the sidewalk cafe.
2. Sidewalk Cafe shall not unreasonably obstruct the visibility of
neighboring businesses. In such cases a sidewalk cafe operator
may be required to adjust the layout of the outdoor dining area per
the recommendation of the Community Development Director or
designee.
3. Sidewalk cafes must have a minimum distance of one-hundred feet
(100') from the nearest residential zoned district.
4. The width of the sidewalk cafe must not extend beyond the
frontage of the business establishment unless written notarized
consent of the adjacent business and property owner has been
provided to the Community Development Director.
5. Sidewalk Cafes located at a street corner must maintain a ten foot
(10') setback from the corner of the building along both frontages.
6. Sidewalk Cafes located adjacent to a driveway or an alley, setback
distances will be at the discretion of the Community Development
Director in locations where unusual circumstances exist or where
public safety would be jeopardized.
FOOD AND BEVERAGE SERVICE ESTABLISHMENT
LEADING EDGE LEADING EDGE
44"
MIN
PARALLEL EDGE
ACCESS OPENING C
STREET EDGE/
Diagram 2
Figure 1: Sidewalk Cafe with barriers
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FOODAND BEVERAGE SERVICE ESTABLISHMENT
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STREET EDGE OBSTRUCTION:FOR
EXAMPLE TREE WELLS,
LIMITS OF SIDEWALK CAFE MUST NOT EXTEND BEYOND ( BENCH,MAILBOX,OR
EXTREMITIES OF FOOD OR BEVERAGE ESTABLISHMENT SIMILAR SIDEWALK
FEATURE.
Figure 2:Sidewalk Cafe without barriers
iii. BARRIERS:
1. The perimeter of sidewalk cafes that extend more than three (3)
feet into the public right-of-way shall be enclosed by barriers that
are durable, removable and maintained in good condition.
2. Sidewalk cafes that extend three (3) feet or less into the public
right-of-way and do not serve alcohol are not required to be
enclosed by a barrier.
3. Sidewalk cafes that serve alcohol must be surrounded by a barrier
in all cases. Barrier access point must be controlled by the
sidewalk cafe operator/business establishment. Business
establishment owners should maintain compliance with Yorkville's
Liquor Control Ordinance standards for serving alcohol outside of
enclosed businesses.
4. Moveable barriers and all furniture shall be removed at the end of
each business day unless otherwise approved by the Community
Development Director or designee. Moveable barriers shall be
capable of being removed through the use of recessed sleeves and
posts, wheels that can be locked in place and/or weighted bases.
Barrier segment bases should be flat with tapered edges that are
between T/ and % inch thick.
5. The maximum height of any barrier shall not exceed three feet six
inches (3'-6"). The lowest point in the barrier should be no more
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than six inches (6") in height above the ground to comply with
ADA detectable warning regulations.
6. Rigid fence sections may be placed end-to-end to create the
appearance of a single fence. Sectional fencing shall be composed
of metal or wood and painted or finished in a complementary color
to the building color or accent materials. Sectional fencing may be
constructed from other materials such as aircraft cable, fabric, steel
or iron elements.
7. Planters may also be used as a barrier or planter boxes as barrier
components. Planters must be no more than three (3) feet in height
and plant materials may be up to three (3) feet tall. Planters must
be kept in clean condition, contain living plants and shall be
removed at the end of each business day.
8. Access openings must be kept clear of all materials and should
measure no less than 44 inches in width.
iv. AWNINGS AND UMBRELLAS
1. The use of awnings over the outdoor dining area and removable
table umbrellas may be permitted provided they do not interfere
with street trees. No portion of the awning shall be less than eight
feet (8') above the sidewalk and no portion of the umbrella shall be
less than seven feet (7') above the sidewalk. Awnings may extend
up to five feet (5') from the front of the building's fagade or cover
up to fifty percent (50%) of the outdoor dining area, whichever is
less. Awnings shall have no support posts located within the public
right-of-way. A separate building permit must be obtained prior to
the installation of the awning.
2. Notwithstanding any provisions in this code, signs and logos shall
be permitted on umbrellas or awnings in outdoor dining areas.
v. PROHIBITED ITEMS
1. Permanently affixed furniture to the public sidewalk is prohibited.
2. Shelves, serving stations, flimsy plastic tables and chairs,
unfinished lumber or splintering wooden materials, rusted metal,
loud speakers, sofas and televisions are prohibited.
3. It shall be prohibited to tie or otherwise secure sidewalk cafe
elements to trees, lamp posts, street signs, street lights and
hydrants.
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4. Prohibited barrier materials include chain link, rope rails, chain
5. Rails,buckets, flag poles, and newspaper stands.
6. No alterations or coverings should be made to the sidewalks or
placed over the sidewalk cafe space. Platforms, artificial turf,
paint, or carpet in sidewalk cafe areas is prohibited.
7. If wait service is not provided in the sidewalk cafe area, the
business establishment is required to supply a waste receptacle. If
wait service is provided, the business establishment is not
permitted to place a waste receptacle in the sidewalk cafe.
Examples of Sidewalk Cafe' Designs:
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b. Parklet Cafe
i. The parklet cafe site shall be located on at least one (1) parking spot within
the public way and appurtenances thereof shall be a minimum of two (2) feet
from the nearest edge of traveled way. Parklet cafes are restricted to City of
Yorkville public streets and shall not be permitted on any state, county or
township roadways.
ii. Tables, chairs, umbrellas or other fixtures in the parklet cafe:
1. Shall not be placed within five (5) feet of fire hydrants, alleys or bike
racks.
2. Shall not be placed within five(5) feet of a pedestrian crosswalk.
3. Shall not block designated ingress, egress or fire exits from or to the
business establishment or any other structures.
4. Shall not be physically attached, chained or in any manner affixed to
any structure, tree, signpost or light pole.
5. May be removed by the City at owner's expense.
6. Shall be maintained in a clean, sanitary and safe manner.
7. Shall consist of commercial-grade furniture.
8. Shall not be placed outside or hang over the designated parklet cafe
area.
iii. The parklet cafe shall be located in such a manner that a distance of not less
than four (4) feet maintained at all times as a clear and unobstructed
pedestrian path. For the purpose of the minimum clear path, traffic signs,
trees, light poles and all similar obstacles shall be considered obstructions.
iv. The parklet cafe, along with the sidewalk and roadway immediately adjacent
to it, shall be maintained in a neat and orderly manner at all times. Debris
shall be removed as required during the day and again at the close of each
business day. Maintenance details shall include access panels and how
drainage will be provided along the existing drainage way.
v. Parklet cafe decking must be flush with the curb and may not have more than a
one-half inch (1/2") gap from the curb.
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vi. The parklet cafe platform shall allow for access underneath the platform and
curbside drainage may not be impeded.
vii. All rails around the parklet caf6 must be capable of withstanding a 200 lb
horizontal force.
viii. The parklet cafe shall be required to have reflective tape, soft hit posts, wheel
stops and, depending on the proposed location, may be required to have
edging such as planters, railing or cables.
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a. If cables are used, vertical spacing between cables may not exceed six
inches (6").
ix. Umbrellas and other decorative material shall be made of treated wood,
canvas, cloth or similar material that is manufactured to be fire resistant. No
portion of an umbrella shall be less than six feet eight inches (6'-8") above the
sidewalk. Umbrellas must be secured.
x. Temporary signage such as menu boards or easels may be permitted in parklet
cafes.
xi. No food preparation, food or beverage storage, refrigeration apparatus or
equipment shall be allowed in the parklet caf6 unless authorized by the
Community Development Director or designee as part of a special event.
xii. No amplified entertainment shall be allowed in the parklet cafe unless
authorized by the Community Development Director or designee as part of a
special event.
xiii. Patio heaters shall not be permitted in a parklet caf6.
xiv. Parklet cafes shall meet the intersection visibility requirements in accordance
with other standards in the City's Zoning Ordinance.
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Examples of Parklet Cafe' Designs
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E. APPLICATION PROCEDURES: A permit shall be required for all encroaching
furniture and improvements. The application shall be filed with the Community
Development Department no less than thirty (30) days prior to intended date of operation
on a form provided by the City. The application shall be signed by the owner of the
property or an authorized agent. Authorized agents shall submit written authorization.
The application shall be accompanied by the following:
1. The name, address and phone number of the applicant.
2. The identity of the business, the street address and names of any managers or agents of
the proposed sidewalk cafe or parklet cafe.
3. A detailed diagram and a written description of the premises for which a permit is sought.
A description of the design, including a detailed scale drawing of the sidewalk cafe or
the parklet cafe, its portable barriers and the placement of tables, chairs, planters,
canopies, umbrellas, etc. with all existing fixed features such as trees, sign posts, fire
hydrants, etc. within twenty feet (20') of the encroachment shall be depicted in the site
plan.
4. Dates and hours of operation requested during which the permit is to be effective.
5. An executed indemnification agreement in favor of the City of Yorkville.
6. The permittee shall obtain and maintain in force comprehensive general liability, broad
form property damage and blanket contractual liability insurance in a combined single
limit amount, per claim and aggregate of at least one million dollars ($1,000,000.00)
covering the permittee's operations on the sidewalk or right-of-way. Such insurance shall
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name, on a special endorsement form, the City of Yorkville, its elected and appointed
boards, commissions, officers, agents and employees as additional insurers. A certificate
of insurance shall contain provisions that prohibit cancellations, modifications, or lapse
without thirty (30) days prior written notice to the city's Clerks Office.
7. If the sidewalk area sought to be permitted is not owned by the applicant, then a certified
copy of a document showing that the owner of the sidewalk area consents to the sale of
food and/or beverages on such sidewalk(s).
8. If an applicant contemplates the consumption of alcoholic beverages a separate liquor
license application for the premises shall also be submitted to the City's Clerks Office.
9. If the applicant contemplates the consumption of food, a copy of submitted permit
application to the Kendall County Health Department for the premises.
F. PERMIT FEES: An application fee of fifty dollars ($50.00) shall be required for all
sidewalk cafes or parklet cafes with area one hundred (100) square feet or less. An
application fee of one hundred dollars ($100) shall be required for all sidewalk cafes or
parklet cafes with an area greater than one hundred (100) square feet."
Section 3: This Ordinance shall be in full force and effect after its passage, publication,
and approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
a4 day of ®C7DUA , 2017.
f
City Clerk
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CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI ARDEN JOE PLOCHER
CHRIS FUNKHOUSER JOEL FRIEDERS
SEAVER TARULIS � ALEX HERNANDEZ 7
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
3 day of t4OVEM86k , 2017.
Mayor
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