A temporary use by-law is proposed to permit greater flexibility in establishing outdoor patios and sidewalk cafés as temporary accessory uses operated in conjunction with a business where food or drink is served, sold or offered. The by-law is intended to temporarily allow restaurants, bars and other similar businesses to open and expand outdoor patios and sidewalk cafés to assist in providing a safe environment for patrons once these facilities are permitted to open.
The proposed by-law would permit an outdoor patio or sidewalk café accessory to the following uses in commercial and industrial zones, where such use is currently permitted under the zoning of the property:
- Bake shop Restaurant
- Beer, wine or liquor store Winery
- Drive-in restaurant Licensed establishment
- Hotel Nightclub
- Place of entertainment Adult entertainment parlour
- Private club
The proposed by-law includes the following regulations and exemptions for outdoor patios and sidewalk cafés:
- Permit temporary accessory structures, including tents and air supported structures, in conjunction with an outdoor patio or sidewalk café;
- Require an Accessible Exterior Path of Travel in accordance with the Accessibility for Ontarians with Disabilities Act;
- Remove restrictions on the maximum allowable capacity of the outdoor patio;
- Exempt an outdoor patio from the parking requirements;
- Permit an outdoor patio to locate within a required parking area, parking lot, parking space or manoeuvring aisle of a use the outdoor patio is accessory thereto, provided such outdoor patio does not block any fire route or emergency access; and
- Require any enclosure, fence, wall or structure erected to contain an outdoor patio or sidewalk café to be removed at the expiration of the proposed by-law.
The by-law is proposed to be in effect until December 31st, 2022.
An outdoor patio or sidewalk café established under this by-law will still be required to meet other applicable requirements of the City and the Province, including, but not limited to, compliance with Noise By-law (No. 2004-105), liquor licensing and licensing of sidewalk cafés.
Digital copies of plans and documents submitted with the application may be obtained on the Planning Department Current Applications webpage.
Posting Dates2/6/2021 to 3/2/2021