Village of Lincolnwood, IL Article 1 PUBLIC WAYS

6-1-1 Sidewalk construction.

No person, firm or corporation shall build, construct, lay, or repair any sidewalk or cause the same to be done within the Village unless a permit to do so is secured from the Village Manager or his or her designee. The permit fee and applicable deposit requirements for sidewalk construction shall be as set forth in Chapter 14 of this Code and in the Annual Fee Resolution.[1]

[1] Editor's Note: See Ch. A25, Fees.

6-1-2 Removal of sidewalks.

No person, firm or corporation shall remove any public or street sidewalk in existence in the Village unless: (a) a permit to do so is secured from the Village Manager or his or her designee and (b) the permit applicant shall guarantee the Village that a four-foot curb sidewalk will be constructed along the curb in lieu of the public or street sidewalk sought to be removed; provided, however, that the Village Manager, or his or her designee, may approve the installation of a curb sidewalk of a width less than four feet upon a showing of good cause by the applicant, which cause may include, without limitation, the existence of a tree within the area of the proposed new sidewalk.

6-1-3 Conditions of permit.

No permit shall be granted to any person, firm or corporation, nor shall they be permitted to remove any portion of a sidewalk now in existence unless said application for removal shall include 50% or more of the public frontage along one side of any street, and unless the owners of said 50% or more join in the application for permission to remove such public or street sidewalk, and the permit to remove said sidewalk shall be continuous with intersecting street or corner, and shall guarantee the Village that a four-foot curb sidewalk will be constructed in lieu of the removal thereof; provided, however, that the Village Manager, or his or her designee, may approve the installation of a curb sidewalk of a width less than four feet upon a showing of good cause by the applicant, which cause may include, without limitation, the existence of a tree within the area of the proposed new sidewalk.

6-1-4 Alignment required.

In the event any person, firm or corporation shall remove any portion of a sidewalk now in existence under permit granted thereto by virtue of this Article 1 and shall in lieu of said removed portion construct a curb sidewalk, the unremoved portion of the sidewalk shall be appropriately connected to the newly installed curb sidewalk by a cement sidewalk or strip from the end of said unremoved portion to the newly installed curb sidewalk so that no gap in the sidewalk will exist between the newly constructed curb sidewalk and the end of the unremoved portion of the sidewalk.

6-1-5 Driveways and driveway approaches.

(A) Definitions. The following definitions shall apply in the interpretation and enforcement of this Section 6-1-5:

DRIVEWAY

A place on private property for the operation of automobiles and other vehicles.

DRIVEWAY APPROACH

That portion of a right-of-way that provides vehicular access from the roadway to an adjoining lot.

ROADWAY

That portion of a right-of-way improved, designed or ordinarily used for vehicular travel; provided, however, that the term "roadway" shall not include the berm, shoulder, or parkway, if any. In the event that a right-of-way includes two or more separate roadways, the term "roadway" shall refer only to each separate roadway, and not to all roadways collectively.

(B) Permit fee. No permit authorizing a driveway approach shall be issued until the fee therefor has been paid to the Village pursuant to Article 2 of this Chapter 6.

(C) Construction regulations.

(1) It shall be unlawful to construct any curb or driveway approach or break out or remove any curb without first securing a permit as required pursuant to Article 2 of this Chapter 6.

(2) No driveway approach shall be constructed or used so as to impede the flow of surface water in the street gutter or a drainage ditch.

(3) No driveway approach to residential properties shall be constructed or used for the sole purpose as a parking space.

(4) A maximum driveway approach width of 14 feet shall be allowed for driveway approaches to circular driveways on parcels of property used for single-family residential purposes.

[Amended 9-3-2013 by Ord. No. 2013-3066[1]]

[1] Editor's Note: This ordinance also repealed former Subsection (C)(4), which provided for a minimum lot frontage for a circular driveway, and redesignated former Subsection (C)(5) as Subsection (C)(4).

(D) Approaches; location. No driveway approach shall be located so as to interfere with municipal or public utility facilities such as poles, traffic signals, signposts, catch basins, fire hydrants, crosswalks, or other street structures. Driveway approaches shall be located so as to avoid existing parkway trees. Driveway approaches must be constructed at a minimum distance away from existing trees of one foot per diameter inch of the tree, up to a maximum distance of 10 feet. If it is not feasible to comply with the minimum distance requirement set forth in this Section 6-1-5(D), the property owner may remove the tree in accordance with the applicable provisions of this Code. If such tree removal would result in the distance to the next closest trees to be more than 25 feet. the property owner must pay a tree replacement fund fee in the amount of $150 per inch of diameter of the tree removed. Removal of any parkway trees shall be subject to the Village Parkway Landscaping Ordinance set forth in Article 5 of this Chapter 6.

[Amended 2-21-2017 by Ord. No. 2017-3252]

(E) Driveway approach construction standards. Driveway approaches shall be constructed to the following standards:

[Amended 9-3-2013 by Ord. No. 2013-3066]

(1) Surface. All driveway approaches which give access to an improved street with curb and gutters shall be surfaced with a permanent dustproof surface: either concrete (six inches) over five inches CA-6, crushed stone aggregate, bituminous surface (eight inches CA-6, crushed stone aggregate, and three-inch asphalt), brick (over six inches of concrete) or other material approved by the Village.

(2) Widths. The total width of driveways measured at the property line on a parcel of property used for residential purposes shall not exceed the applicable standard set forth in Chapter 15 of this Code (Zoning Ordinance). The total width of driveways measured at the property line on a parcel of property used for nonresidential purposes shall not exceed 1/2 the lot frontage, and no single driveway approach shall exceed 30 feet measured at the property line. The width of the driveway approach measured at the curb shall in no case be greater than five feet more than the width measured at the property line.

(3) Location of drives. On a parcel of property used for residential purposes, no driveway approach or driveway flare shall extend over the property line extended to the curb; provided, however, where the Board of Trustees finds that there is a particular hardship to the owner, a driveway that has been in existence in excess of 25 years may be reconstructed in its present location even if the driveway approach or driveway flare extends over the property line extended to the curb. On a parcel of property used for nonresidential purposes, no driveway approach shall be located within five feet of the property line, or within 10 feet of any other driveway approach as measured at the property line.

(4) Consistency with Zoning Ordinance. All driveway approaches shall be constructed in a manner and at locations necessary to facilitate direct vehicular travel onto adjacent driveways on private property, which driveways shall be constructed as required pursuant to Chapter 15 of this Code (Zoning Ordinance).

(F) Restoration by Village. In the event that the Village removes any portion of a driveway approach constructed pursuant to this Section 6-1-5 in connection with any maintenance, construction, or repair activities within the right-of-way, the Village shall only be required to replace the driveway approach with one or more materials approved pursuant to Section 6-1-5(E)(1) of this Code.

6-1-6 Maintenance of driveway approaches.

[Amended 12-15-2020 by Ord. No. 2020-3506]

No snow or ice may be artificially placed or deposited onto any portion of a sidewalk adjacent to a nonresidential property over which a driveway approach crosses. This Section 6-1-6 does not apply to snow plowing operations provided by or on behalf of the Village.

6-1-7 Abandoned driveway approaches.

If, at any time, a driveway approach is abandoned, the curb and gutter at the edge of the street and sidewalk shall be replaced in accordance with current Village specifications by, and at the expense of, the owner abandoning the curb cut.

6-1-8 Obstruction generally.

(A) It shall be unlawful for any person to cause, create or maintain any obstruction of any street, alley or sidewalk or other public way, except as may be specifically authorized by the corporate authorities, or otherwise in accordance with this Section 6-1-8 and the other provisions of this Code. Specifically, and without limitation, it shall be unlawful to place leaves or other debris in any street, alley, or sidewalk.

[Amended 11-5-2019 by Ord. No. 2019-3427; 11-16-2021 by Ord. No. 2021-3574]

(B) An outdoor seating area may be maintained on that portion of a public right-of-way that abuts an eating or drinking establishment located on private property, upon issuance of a license therefor ("public way outdoor seating license") and in compliance with the following:

(1) Application. An applicant for a public way outdoor seating license shall file an application therefor with the Village Manager, on a form provided by the Village, which application must include, without limitation, the following information:

(a) The name, address, and telephone number of the applicant;

(b) A detailed site plan illustrating: the size and location of the proposed outdoor seating area; the size and location of the tables, chairs, and other obstructions proposed to be installed in the outdoor seating area; the size and location of the principal building(s) and parking area(s) on the lot on which the eating or drinking establishment is located; location of other natural and man-made features in the area of the outdoor seating area; and points of ingress to and egress from the outdoor seating area;

(c) If the applicant is not the owner of the property on which the eating or drinking establishment is located, the application must include:

(i) The name, address, and telephone number of the owner of the property; and

(ii) A written acknowledgment signed by the owner of the property, in a form acceptable to the Village, stating that the owner consents to the establishment of the proposed outdoor seating area.

(d) Proof of all insurance required pursuant to Section 6-1-8(B)(5) of this Code;

(e) An acknowledgment, signed by an authorized representative of the applicant, stating that the applicant will comply with all of the provisions of this Section 6-1-8(B) and all other applicable sections of this Code, including, without limitation, Section 6-1-8(B)(6) of this Code regarding indemnification of the Village; and

(f) Payment of the license fee, in the amount set forth in the Annual Fee Resolution.[1]

[1] Editor's Note: See Ch. A25, Fees.

(2) Approval or denial of application; revocation.

(a) Approval. Upon receipt of a complete application for a public way outdoor seating license, and upon a determination that the application satisfies the standards and conditions set forth in this Section 6-1-8(B), the Village Manager shall approve the application and issue a public way outdoor seating license to the applicant. The Village Manager may condition approval of the application upon additional provisions or restrictions that are consistent with the provisions set forth in this Section 6-1-8(B), including, without limitation, regulations regarding: (i) the number and size of tables and seats; (ii) security for and removal of equipment; (iii) signage; (iv) landscaping and pedestrian amenities; (v) lighting; and (vi) trash and refuse collection and location.

(b) Denial or revocation. The Village Manager may revoke an existing public way outdoor seating license or deny an application for a public way outdoor seating license, upon a determination that:

(i) The application contains any false, fraudulent or misleading material statement;

(ii) Either the application or the proposed outdoor seating area does not satisfy the standards and conditions set forth in this Section 6-1-8(B);

(iii) The applicant has made any false, fraudulent or misleading material statement in the course of operating an outdoor seating area in the Village;

(iv) The applicant has previously violated any statute, ordinance, rule or regulation relating to the operation of an outdoor seating area; or

(v) Construction or installation of the proposed outdoor seating area will be injurious to the public health, safety, or welfare.

(c) Refund of application fee. In the event that the Village Manager denies an application for a public way outdoor seating license, the Village shall refund the application fee to the applicant; provided, however, that the Village shall have the right, but not the obligation, to retain 50% of the fee submitted with the application to reimburse the Village for its costs in reviewing and processing the application.

(d) Notification of denial or revocation. Upon the revocation of an existing public way outdoor seating license or the denial of an application therefor, the Village Manager, or his or her designee, shall notify the applicant by first class mail.

(3) Term of license.

(a) No public way outdoor seating license issued pursuant to this Section 6-1-8(B) shall be effective prior to April 1 in any calendar year.

(b) Every public way outdoor seating license issued pursuant to this Section 6-1-8(B) shall terminate on November 1 following its issuance.

(4) Operation of outdoor seating areas. All outdoor seating areas licensed pursuant to this Section 6-1-8(B) must be operated in accordance with the following:

(a) Compliance with Zoning Ordinance. The operation of the outdoor seating area must comply with the on-site outdoor seating area provisions set forth in Section 4.07(6) of the Village of Lincolnwood Zoning Ordinance.[2]

[2] Editor's Note: See Ch. 15, Zoning.

(b) Compliance with all applicable regulations. The operation of the outdoor seating area must comply with all applicable Village, county, and state ordinances, laws, rules and regulations.

(c) Usage in accordance with site plan; additional provisions. The outdoor seating area must be maintained and used in accordance with the site plan submitted with the application, and with any additional provisions or restrictions imposed by the Village Manager pursuant to Section 6-1-8(B)(2)(a) of this Code.

(d) Circulation and emergency egress.

(i) The location of an outdoor seating area shall ensure the maintenance of adequate pedestrian and vehicular circulation in and around the outdoor seating area. Specifically, and without limitation of the foregoing, the location of the outdoor seating area shall not cause a reduction of the open portion of a sidewalk in the public way to less than five feet clear of all obstructions. Chairs within any public way outdoor seating area shall be kept at least five feet from the curb or roadway.

(ii) Emergency egress shall be provided for an outdoor seating area and shall be of a type and in locations approved by the Village Fire Chief.

(iii) Except as expressly authorized in the public way outdoor seating license, in no event shall an outdoor seating area obstruct access to any taxi stand, bus stop, crosswalk, mailbox, curb cut, parking space, or any other public property, or obstruct necessary access to any fire hydrant, fire escape, or fire door, or obstruct the clear view of any traffic signal, regulatory sign, or street sign.

(iv) When deemed necessary, a safety barrier, such as a wheel stop, curb, fence or other means, approved by the Village Manager as appropriate for the frequency and intensity of nearby traffic, shall be installed to separate an outdoor seating area from any adjacent parking space or vehicular travel lane.

(e) Liquor regulations. No person shall serve, possess, or consume alcoholic liquor in the outdoor seating area except in compliance with a local liquor license issued to the eating or drinking establishment pursuant to Chapter 10 of this Code.

(f) Hours. The outdoor seating area may not be occupied or used by the applicant or its patrons except between the hours of 11:00 a.m. and 10:00 p.m. on Sundays through Thursdays, and between the hours of 11:00 a.m. and 11:00 p.m. on Fridays and Saturdays. At all other times, the applicant shall not obstruct the public way except as minimally necessary for the securing or storage of tables, chairs, and barriers pursuant to Section 6-1-8(B)(4)(g) of this Code.

(g) Securing or storage of tables, chairs and barriers. All of the tables and chairs used in an outdoor seating area, and all barriers installed to designate the area, must either be secured within the outdoor seating area or removed and stored in a secure area outside of the public way at the termination of the hours of operation.

(h) Live entertainment or dancing prohibited. No live entertainment or dancing shall be provided or allowed at any time within an outdoor seating area.

(i) Noise regulations. During all hours of operation, an outdoor seating area shall comply with the noise regulations set forth in Section 17-2-16 of this Code.

(5) Insurance. The applicant shall maintain, throughout the term of a public way outdoor seating license, certificates of commercial general liability insurance, workers' compensation insurance, and if applicable, liquor liability insurance. The amount of the required coverage shall be approved by the Village, but in no event shall liability coverage be in an amount less than $1,000,000 combined single limit per occurrence with a general aggregate of no less than $2,000,000 per person. The Village shall be named as an additional insured by policy endorsement, and the insurer shall have a rating and be of a class size satisfactory to the Village Manager.

(6) Indemnification of Village. All applicants shall hold harmless and indemnify the Village and all Village elected or appointed officials, officers, employees, agents, representatives, engineers, and attorneys from any and all claims that may be asserted at any time against any of such parties arising out of or in connection with outdoor seating areas or the license application process required by this Section 6-1-8(B), including, without limitation, claims for property damage, personal injury, death, or any potential business disruption due to the Village's need to work within the public way.

(C) The Village Manager may approve the temporary closure of a street or alley under the jurisdiction of the Village for use in commercial filming, but only upon the receipt of an application and payment of the fee therefor, in the amount set forth in the Annual Fee Resolution.[3] The Village Manager shall not approve such a temporary closure prior to receipt of a written acknowledgment by the applicant to reimburse the Village, within 30 days after completion of the commercial filming, for: (i) the amounts set forth in the Annual Fee Resolution for disruptive use of a public building or total or partial closure of a right-of-way; and (ii) the costs incurred by the Village in conjunction with the approved commercial filming, which may include, without limitation, the costs of Village personnel time, Village resources, and rental and labor costs for temporary traffic control equipment.

[Added 11-5-2019 by Ord. No. 2019-3427[4]]

[3] Editor's Note: See Chapter A25, Fees.

[4] Editor's Note: This ordinance also redesignated former Subsection (C) as Subsection (D).

(D) Traffic control measures, devices or impediments shall only be installed by the Department of Public Works or other government agencies having such authority.

6-1-9 Scaffolds; tools over public places.

Any scaffold or ladder placed in such a position that it overhangs or can fall onto any public street, alley or other public place in the Village shall be firmly and properly constructed and safeguarded. It shall be unlawful to place or leave any tools or articles on any such place in such a manner that the same can fall into any such street, sidewalk, alley or other public way from a greater height than four feet.

6-1-10 Articles on windows.

It shall be unlawful to place any movable article on any window ledge, or other place abutting on a public street, alley, or other place at a height above four feet from the ground in such a manner that the same can be or is in danger of falling onto such sidewalk, street, alley or other public place.

6-1-11 House numbering system.

In order to maintain uniformity and continuity in the numbering of postal addresses in the Village, and to show the location of addresses to Fire and Police Departments, emergency services and other agencies requiring ready knowledge of house locations, the system of grid house numbering, as approved by the corporate authorities and on file with the Community Development Director, shall prevail.

6-1-12 Even and odd numbers.

All even numbers in the house numbering system of the Village shall be assigned on the north and west sides of the streets, and all odd numbers shall be assigned on the south and east sides of the streets.

6-1-13 Assignment of numbers.

The Village Manager or his or her designee shall assign to each lot, building or structure its proper number and shall inform the owner in possession of the premises as to the number thereof at any time upon request.

6-1-14 Duty to post numbers.

It shall be the duty of the owners or occupants of every building in the Village to have placed thereon figures at least three inches in height, showing the number of the building. Said figures shall be situated so as to be distinctly and easily read from the abutting street. The numbers shall be placed in a conspicuous place on the side of or above the front door of the building to which the same are attached.

6-1-15 Honorary street names.

The corporate authorities may determine to honor any individual or group by designating a street, other public way or parts thereof and/or other parcels of real estate which the Village has designated by ordinance to be part of the Village's streets or public ways with an honorary name. Whenever the corporate authorities have so determined to honor an individual or group in this manner, the public street, public way or part thereof so designated shall retain its official name and legal status, and a suitable sign or signs may be installed at the location designated by proper ordinance indicating the individual person or group so honored.