Business district regulations are intended to govern the locations and uses of a full range of business and commercial establishments needed to serve the citizens of the village and its trade are. The regulations of the various business districts are designed to provide for groupings of business and commercial establishments that are compatible in scope of services and method of operations.

A.

Intent of B1 Neighborhood Shopping District. The B1 district regulations are intended to provide areas and govern uses therein for a range of shopper and personal service types of establishments in order to serve the general shopping needs of a consumer population that is located in one or more of the neighborhoods adjoining or in the vicinity of the shopping district.

B.

Intent of B2 Central Shopping District. The B2 central shopping district regulations are designed to accommodate prime retail trade activities of village-wide and regional significance, located primarily within the core of the downtown area. Regulations provide for a wide variety of related shopper type business establishments along with personal services and other complementary uses characteristic of a major shopping center.

A.

Dwelling Unit. Dwelling units and lodging rooms are not permitted on the ground floor level in any business district except in a permitted hotel, motel, resort, convent, monastery, parsonage, or rectory; as a special use in the B1 district; or within a structure existing on the effective date of this title.

B.

Enclosure of Operation. All business, servicing, or processing shall be conducted within completely enclosed buildings except:

1.

Off-street parking or loading;

2.

Drive-in type of operations and open sales lots when conducted as a special use in the B2 district.

C.

Parking Limitations.

1.

Parking of trucks when accessory to the conduct of a permitted use shall be limited to vehicles having not over one and one-half tons capacity, except for pick-up or delivery services during normal business hours.

2.

Trucks in excess of one and one-half tons capacity shall not be parked in the open within one hundred fifty (150) feet of a residence district boundary line.

D.

Scope of Operation. All business establishments shall be retail trade or service establishments dealing directly with consumers, and all goods produced on the premises shall be sold on the premises where produced except for specific uses in the B2 district where processing and fabricating or wholesale sales are permitted.

E.

Outdoor Dining Area Standards and Requirements.

1.

Compliance with Village codes and regulations: An outdoor dining area must comply with all applicable ordinances, laws, rules and regulations, including, without limitation, all zoning, building, health, fire and safety regulations, and all other provisions of this code. If a conflict arises between applicable regulations, the strictest regulation shall apply.

2.

Circulation and emergency egress:

a.

The location of an outdoor dining area shall ensure the maintenance of adequate pedestrian and vehicular circulation in and around the outdoor dining area.

b.

Emergency egress shall be provided for an outdoor dining area and shall be of a type and in locations approved by the fire marshal.

c.

In no event shall an outdoor dining 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.

d.

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

3.

General health standards:

a.

An outdoor dining area and all related service stations shall be maintained and kept in a clean, neat, and safe condition at all times.

b.

All containers, including specifically, but without limitation, ice bins, beverage dispensers, and condiment jars used in an outdoor dining area, shall be covered or lidded when not in use.

c.

Perishable condiments shall not be stored at any time in an outdoor dining area, and when not in use, such condiments shall be taken directly from the outdoor tables into the food service establishment.

d.

All trash containers in an outdoor dining area shall be lidded at all times.

e.

Soiled cloth linens, tablecloths, and napkins shall not be stored at any time in an outdoor dining area, and shall be taken immediately from an outdoor dining area into the food service establishment.

f.

The floor surface of an outdoor dining area shall be cleaned daily to prevent staining.

g.

All trash and debris must be removed from time to time and at the end of the hours of operation, so that at all times an outdoor dining area and all adjacent land is maintained in a safe, neat, clean, orderly, and sanitary condition. If the operator of the outdoor dining area does not perform the foregoing in a timely manner, the village is authorized to remove or cause to be removed any trash, debris or other property which is not removed from an outdoor dining area as and when the same is required, and the operator shall be charged for and shall pay for the cost of such removal.

h.

No animals, except those assisting a person with a disability, shall be allowed in an outdoor dining area.

4.

Hours of Operation. An outdoor dining area may only be open to the public for use between the hours of 6:00 a.m. and 10:00 p.m., Sunday through Thursday, and between the hours of 6:00 a.m. and 11:00 p.m., Friday and Saturday. Daily setup of an outdoor dining area shall not occur before 5:30 a.m. and the end of the day cleanup shall be completed by 11:30 p.m. Hours of operation beyond these specified hours may be authorized only with prior approval by the zoning officer.

5.

Music and Entertainment Prohibited. No live entertainment or dancing shall be provided or allowed at any time within an outdoor dining area.

6.

Noise Pollution. During all hours of operation, an outdoor dining area shall comply with the public noise ordinance as prescribed in Chapter 8.20 of the Village of Harwood Heights Code of Ordinances (Noise).

7.

Furnishing and Fixtures.

a.

All furnishing, fixtures and awnings or other protective covering for an outdoor dining area shall be made out of all-weather and durable quality materials. These items shall be well-maintained and kept clean at all times.

b.

The use of fencing made out of plastic, vinyl, PVC or similar materials shall be prohibited in an outdoor dining area.

8.

Alcoholic Beverage Service. All outdoor dining areas shall comply with Chapter 4.12 of the Village of Harwood Heights Code of Ordinances (Alcoholic Beverages).

9.

Additional Regulations. In addition to the specific regulations set forth in this subsection, an outdoor dining area shall be subject to such additional requirements as the mayor, or the village board, as the case may be, deem necessary to ensure the public health and safety, including specifically, but 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. The mayor or the village board shall determine whether such additional requirements are necessary based on the nature and location of the outdoor dining area. Additional regulations imposed pursuant to this subsection shall be specified in the license approving the outdoor dining area.

10.

Additional regulations for public right-of-way outdoor dining areas.

a.

Public right-of-way outdoor dining areas shall be required to also secure a license agreement for the use of the public right-of-way with the village, in form and acceptable to the mayor and village attorney, and approved by the village board, which shall include at least the following:

i.

An agreement to indemnify, defend, and hold harmless the village for any and all claims for liability or damages arising from the operation of the public right-of-way outdoor dining area, including, but not limited to, any potential business disruption due to the village's need to work within the public right-of-way; and

ii.

A certificate 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 one million dollars ($1,000,000.00) combined single limit per occurrence with a general aggregate of no less than two million dollars ($2,000,000.00) 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 director of finance.

b.

An annual fee, established by the village board based on the size, area and location of the proposed public right-of-way outdoor dining area, shall be paid to the village for the applicant's use of the public right-of-way for a public right-of-way outdoor dining area.

c.

The location of a public right-of-way outdoor dining area shall not interfere with the passage of pedestrian or vehicular traffic, or reduce the open portion of a sidewalk in the public right-of-way to less than five feet clear of all obstructions. Chairs within any public right-of-way outdoor dining area shall be kept at least five feet from the curb or roadway.

d.

A public right-of-way outdoor dining area shall be demarcated by fencing, a rope barrier with stanchions, or another means at least three feet in height and approved by the zoning officer.

e.

All of the tables and chairs used in a public right-of-way outdoor dining area and barriers installed to designate the same must either be secured within the public right-of-way outdoor dining area or removed and stored in a secure area outside of the public right-of-way at the termination of the hours of operation. The tables, chairs, barriers and other furnishings and equipment, may be placed on the public right-of-way not more than one-half hour prior to the commencement of the hours of operation each day.

f.

No furnishings, equipment or obstructions shall be permitted on the public right-of-way from November 1 each year through and including March 31 of the succeeding year.

Table 17.16.030.1: Business Districts Permitted and Special Uses lists permitted and special uses for the business districts. A "P" indicates that a use is considered permitted within a given district. An "S" indicates that a use is considered a special use within a given district and a special use permit must be obtained as required in Section 17.56.210 (Special use permits). No letter (i.e., a blank space), or the absence of the use from the table, indicates that use is not permitted or specially permitted within a given district. Any use that is not identified in this Table as a permitted or a specially permitted use is prohibited.

Footnotes:

¹

The terms in this column ("Use") are defined in Section 17.04.050 (Rules—Definitions).

²

Subject to Section 17.52.120.

³

In addition to reviewing and evaluating the characteristics of and criteria for a proposed special use as set forth in Section 17.56.210 and evaluating the proposed special use for satisfaction of the approval criteria set forth therein, this use shall be subject to the additional regulations set forth in Chapter 17.50 of the Village Code.

(Ord. No. 19-24, § 3, 12-12-19; Ord. No. 20-01, § 4, 1-2-20)

Table 17.16.040.1: Business Districts Bulk and Yard Requirements establishes building bulk and yard setback requirements for the business districts. These regulations apply to all uses within a given district unless otherwise stated.

Footnotes:

¹

FAR may exceed 2.5 provided open areas are provided on the lot in excess of ten (10) percent of the area of the lot. FAR may be increased by one-half for each additional five percent of lot area devoted to usable open space in excess of ten (10) percent.

²

For each automobile that is stored inside or on the roof of the principal building, six hundred (600) square feet of floor area may be added to the floor area allowance under the floor area ratio formula.

³

When adjacent to a residential front yard, the requirement of the adjoining district shall apply in full; if there is an intervening alley, fifty (50) percent of the requirement shall apply.

⁴

If a side yard is provided, it shall not be less than five feet in depth, and when adjacent to a residential side yard, the requirement of the adjoining district shall apply in full; if there is an intervening alley, fifty (50) percent of the requirement shall apply.

A.

Temporary Uses. See Section 17.56.130 (Temporary use permits) for standards governing temporary uses.

B.

Garages and Other Accessory Buildings, Structures, and Uses. See Section 17.04.120 (Garages and other accessory buildings, structures, and uses) for standards covering accessory buildings, structures and uses.

C.

Allowable Encroachments. See Section 17.04.130 (Control of structural and use encroachments in yards) for standards governing encroachments.

D.

Off-Street Parking and Loading. See Chapter 17.28 (Off-Street Parking and Loading) for standards governing off-street parking and loading.

E.

Signs. See Chapter 17.36 (Signs) for standards governing signs.