Temporary Outdoor Patios During COVID-19 Recovery

As the City beings recovery efforts in a post-COVID-19 context processes are being enabled to allow for increased and streamlined operations of temporary outdoor patios in 2020 while protecting public safety. The move will allow restaurant and bar operators to expand outdoor business areas to offset limitations on indoor dining under COVID-19 emergency orders. Temporary patios approved under this process will only be authorized to operate until Jan. 1, 2021.

Temporary Outdoor Patios Application Process

  1. Determine the size, location, layout and capacity of the proposed patio in accordance with the City's guidelines.
  2. Complete and submit the application / related materials:
  3. City approval:
    • The City will strive to review applications within three business days
    • Once staff confirm the submission satisfies all requirements, approval will be granted
    • Approvals will be issued via email and considered effective on the date of approval
  4. Operate the patio in accordance with City approval, AGCO requirements and Provincial Guidelines

 Temporary Outdoor Patio Application Form and Materials

 Temporary Outdoor Patio Guidelines

 All Temporary Patios:
  1. Location: To be located adjacent to the operating business. Extensions in front of neighbouring properties or units may be permitted with the written consent of the neighbouring property owner.
  2. Obstructions: Patios may not obstruct a fire hydrant, fire route, fire department connection, emergency exit or pose other safety risks.
  3. Demarcation: Limits of licensed patios to be readily distinguishable. Appropriate demarcations include decorative fencing, panels, planters, rope, or other alternative deemed suitable by the City. Any perimeter barriers in a front yard or on a street shall have a maximum height of 1.2 metres (4 ft).
  4. Curbside Patio Barriers: Where a patio is proposed immediately adjacent to a traffic lane, drive aisle or active parking area, a perimeter barrier shall be provided, with a minimum setback of 0.5 metres.
  5. Entrance Points: A patio must have at least one opening with a minimum width of 1.1 metres (3.5 ft). Gated entrances are to open outwards from a patio without interfering in municipal sidewalk, accessible path of travel or traffic lanes.
  6. Accessibility: The patio area shall be compliant with Accessibility for Ontarians with Disabilities Act (AODA) standards and shall not obstruct an accessible path of travel. An accessible path of travel from the patio to an accessible washroom shall be provided.
  7. Physical Distancing: Placement of tables and chairs shall provide a minimum 2 metres distance between seating at separate tables in accordance with Provincial COVID-19 orders – including from tables on any neighbouring patios.
  8. Capacity: Licensed Patios shall provide a total area equivalent to a minimum 1.1 metres squared per patron (in accordance with the AGCO)
  9. Business License: A valid business license from the City is required prior to being granted approval for a temporary patio expansion.
Temporary Patios on Private Property
  1. Plantings: Planters and basket are encouraged. Landscaping is not to encroach into any traffic lane or accessible path of travel.
  2. Parking: If a patio is proposed within any private parking area, the need for staff and patrons to cross drive aisles between the business and patio area should be avoided.
  3. Tenants: If the property associated with the proposed patio expansion is leased, the tenant shall obtain written permission from their landlord
Temporary Patios on a Municipal Sidewalk
  1. Clearance: An unobstructed pedestrian clearway of 2.4 m (8 ft) shall be maintained between patio and any physical obstructions, unless otherwise approved by the City.
  2. Curbside Patio Barriers: Where a patio is proposed adjacent to a traffic lane, a perimeter barrier 1.06 m to 1.2 m in height shall be provided, with a minimum setback of 0.5 metres from the curb. Additional physical barriers may also be required to protect the patio space.
  3. Construction: Patio construction is to be portable, to ensure for easy removal. Perimeter fence posts are to be free-standing. Fence posts may be supported on removable plates, which shall not extend beyond the perimeter of the fence and pose no trip hazard to pedestrians. Posts, signs and other features cannot be secured to the municipal sidewalk by use of screws, nails or other fasteners that pierce or otherwise damage the surface of the concrete. 
  4. Signage: To be limited to temporary menu displays at the entrance of the patio, placed so as not to interfere with pedestrian movements. Signage shall not be affixed to the patio perimeter fencing.
  5. Agreement:  The operator shall be required to enter into an Agreement with the City prior to being granted approval for a temporary patio expansion.
Temporary Patios within Public Parking Space
  1. Location: To be located on streets in locations where there is existing on-street parking or surplus pavement width. Patios should be located at least one parking space away from an intersection or driveway. Patios are not permitted in front of a fire hydrant, or in designated accessible parking spaces, and should not obstruct surface drainage or access to public utilities.
  2. Dimensions: Patio to be inset at least 0.5 metres from outside edge of parking space.
  3. Perimeter Barriers: Platform to be enclosed on all sides facing the street or adjacent parking stalls. Barrier shall be open-type construction. Additional road safety measures may be required. Examples of perimeter barriers.
  4. Construction: 
    1. If proposed to be constructed, must be modular construction, to allow for easy installation and removal. To be constructed of wood or composite decking. Platforms to be of sturdy construction and able to bear a load of at least 100 pounds per square foot. 
    2. Posts, signs and other features cannot be secured to the municipal sidewalk by use of screws, nails or other fasteners that pierce or otherwise damage the surface of the concrete. 
    3. Patios must not interrupt surface drainage along the gutter. Deck supports and/or ramp supports should be located such that they provide for a minimum separation of 0.45 metres from the curb face.
  5. Agreement: The operator shall be required to enter into an Agreement with the City prior to being granted approval for a temporary patio expansion.
  6. Signage: To be limited to temporary menu displays at the entrance of the patio, placed so as not to interfere with pedestrian movements. Signage shall not be affixed to the patio perimeter fencing.

 

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