Title/Name/Summary
Substantive Amendment: Restaurants with Outdoor Seating to be Permitted Uses
History
In an effort to streamline the entitlement process for restaurants in non-residential zoning districts, on October 6, 2025, the Board of Trustees approved a text amendment eliminating the requirement for a Special Use Permit for restaurants located within 300 feet of residential uses in the OOH, COR, ORI, VCD, BIZ, and RMC Districts.
However, the same ordinance classified restaurants with drive-through facilities and/or outdoor seating areas as Special Uses, regardless of their proximity to residential uses. As a result, an unintended consequence of the amendment is that all restaurants with outdoor seating now require a Special Use Permit.
The proposed amendment before you seeks to address this issue by decoupling drive-through facilities from outdoor seating. Under the revised approach, restaurants with drive-through facilities will continue to require a Special Use Permit, while restaurants with or without outdoor seating areas, will be permitted by right, provided they comply with the regulations outlined in Section 6-302 (Accessory Structures and Uses), including standards related to occupancy, lighting, and noise. The restaurants with outdoor seating areas will continue to be reviewed and approved through the Appearance Review Process.
PROPOSED AMENDMENT TEXT
Please see the attached amendment report in case file 2026-0431 for the proposed amendment text.
Recommended Action/Motion
I move to accept as findings of fact of this Plan Commission and the findings of fact set forth in this staff report, dated June 1, 2026 and as discussed here today.
And
I move to recommend to the Village Board of Trustees to approve the Land Development Code Amendments as presented in the attached amendment report titled "Staff Report to the Plan Commission" dated June 1, 2026.