Lots of businesses in Brookfield have awnings. They’re such a part of the normal landscape that you’d never have guessed that Brookfield has no rules regulating awnings or, for that matter, much of anything that visitors to the village’s commercial districts may see protruding into the public right of way.
The village does have a law on the books related to outdoor cafes, but even those are vague, according to Assistant Village Manager Keith Sbiral, who serves as the director of building and planning for Brookfield.
“Most of these are not big issues, as long as there’s insurance and indemnification for the village,” Sbiral said. “[But] there was no way in the code to approve them. This way the village can be covered under the ordinance.”
That’s about to change.
On May 10, the Brookfield village board is expected to pass a new right-of-way ordinance that will cover all encroachments into public property – from awnings to barber poles to decorative planters, benches, trash cans and sidewalk cafes – in all of the village’s commercial districts, save Ogden Avenue.
“Whether it’s planter boxes, awnings or barber poles, they’ll all be handled the same way,” Sbiral said, “through licensing.”
Any business owner wishing to use the public right of way for any reason will have to fill out a license application describing what is being considered. The application will then be reviewed by the Building department, Public Works department and village manager’s office prior to final approval. There is no fee contemplated for businesses that wish to obtain such a license.
According to a draft of the ordinance, any encroachment onto the public sidewalk has to provide a minimum width of five feet so pedestrians and those in wheelchairs can get through.
Awnings can’t be secured to the ground by poles and no encroachment, other than an awning or canopy, can contain any advertising.
The ordinance also requires businesses to indemnify the village in the event of any injury or damage resulting from the encroachment in the public right of way.
“This takes a step in the right direction of protecting the village somewhat,” Sbiral said.
While the ordinance will allow right-of-way encroachments in most of Brookfield business districts, it doesn’t extend to Ogden Avenue, a state highway under the supervision of the Illinois Department of Transportation.
There are plenty of awnings on businesses along Ogden Avenue in Brookfield, but it does not appear that the village will be approving any more of them.
“IDOT wants everything clear from the ground to the sky,” Sbiral said.