Site Plan Applications

Restaurants open for outdoor dining areas only such as patios.

How do we protect public health?

You have to maintain physical distancing of at least 2 metres between patrons from different households.

Here are the measures you should take to make this happen: 

• Take reservations
• Limit the number of patrons allowed at one time
• Make sure there is enough space between tables
• Don't allow patrons indoor except for:
  • Food pickup
  • Payment, or
  • Washrooms

If you already have a liquor license you can extend it to your patio, or temporarily add a new one, if: 

• The premises are adjacent to existing premises
• You can maintain control over the premises
• There is no condition on the liquor sales licence that prohibits a patio, and
• You have approval from us (the Town) 

Site Plan Approval

Temporary patios (expansions to existing patios or the creation of new temporary patios) are subject to Site Plan Control. You must submit an application and receive Site Plan Approval prior to establishing the temporary patio. 

Building Permit

Other Permits and Approvals

Depending on the temporary patio location, there may be other approvals and permits required:

• If your lot is within the Niagara Escarpment Plan, you may need a development permit
• If your lot is regulated by a Conservation Authority, you may need a permit
• If you are placing the temporary patio on public lands or within a right-of-way, you may need Road Occupancy Permits or Encroachment Agreements
• If you are proposing signage, you may need a Sign Permit

Contact us if you think you require additional permits

To be eligible for expedited review, you must meet the criteria below:

1. The temporary outdoor patio must be accessory to (and directly associated with) a permitted restaurant on the property. To confirm if a restaurant is permitted, you can check applicable zoning provisions.
   
   The temporary outdoor patio has been issued a Development Permit by the Niagara Escarpment Commission (NEC). To confirm if the property is within a Niagara Escarpment Development Control Area, please visit the Town’s website or contact Planning and Development Services staff.
   Note: If the temporary outdoor patio is located within the Niagara Escarpment Development Control Area, a Development Permit is required from the Niagara Escarpment Commission. The Town will provide expedited comments through that application process, and upon receipt of a Niagara Escarpment Development Permit, the Town will expedite approval of the required Site Plan Application.
2. The temporary patio must be located on the same lot (property) as the permitted restaurant and cannot encroach or be located on a separate property or public lands (i.e. Town, Ministry of Transportation or Region of Peel road allowance).
3. The temporary patio is not located within an area regulated by a Conservation Authority (i.e. Toronto and Region Conservation Authority, Credit Valley Conservation authority, etc.), or, alternatively, where it is located within this area, a permit or alternative clearance has been issued for the temporary patio.
4. The temporary patio shall not include any permanent structures, including, but not limited to: footings, decks, roofs, gazebos, awnings, permanent fencing, electrical installations, visual screens and fueled fire appliances (i.e. propane heaters, BBQs).
5. The temporary patio does not obstruct emergency access routes and exiting facilities (doors) at any time.
6. The temporary patio shall not be located within 1.2 m (4 ft) of any fire hydrants and/or fire department connections (FDC). FDCs shall remain visible and accessible at all times.
7. All fire protection equipment is to be maintained as per Ontario Fire Code regulations. 
8. The temporary patio and affected lands shall comply with the Accessibility for Ontarians with Disabilities Act (AODA) at all times. Consideration should be made for:
   1. Maintaining 1.5 m (5 ft) walkways/sidewalks
   2. Protecting designated accessible parking spaces
   3. Providing accessible access to the restaurant and temporary patio
   4. Ensuring that the temporary patio is located on level ground
   5. Compliance with the Outdoor Public Use Eating Areas (Section 80.16 and 80.17) of the Integrated Accessibility Standards Regulations
9.  The temporary patio shall not include any amplified sound and must comply with the Town's Noise By-law (No. 86-110).
10. The establishment of the temporary patio does not require the alteration of any grades or surfaces.
11. The temporary patio may encroach into designated landscaping areas (i.e. landscaping strips) provided that any vegetation is not disturbed or damaged.
12. All signage associated with the temporary patio must comply with the Town’s Sign By-law (No. 17-054).
13. Where the temporary patio includes temporary fencing or delineation of space:
    1. Perimeter delineation items that will be permitted include planters, stanchions, and movable fencing.
    2. Fencing and delineation items shall have a maximum height of 1.2 m (3.9 ft). Delineation materials higher than 0.9 m (3 ft) high must be at least 30 m (98.4 ft) away from the nearest intersection.
    3. Delineation elements must not be attached to street trees, sidewalk elements, or utilities.
    4. Free-standing or self-supporting delineation items must not create a trip hazard or project into the pedestrian clearway.
    5. To ensure cane-detectability for people with low or no vision, delineation elements must be a contrasting colour to the sidewalk. One of the following must also be provided:
       1. Non-solid delineation elements with a lower rail height between 75 mm (3 in) and 150 mm (6 in) above the sidewalk surface; or
       2. Planter boxes with a solid, detectable base that are spaced no more than 0.3 m (1 ft) apart except for the accessible entrance.

Where patios do not meet the eligibility criteria identified above that allow for an expedited review process, Site Plan Control continues to be required. While Town staff will work with the applicant to process the application expediently, a more detailed review of the application and a fee will be required. Additional approvals/permits may also be required. Please contact Planning and Development Services to discuss the proposal.

Please note: For temporary patios being processed through the expedited review, application fees are not required.

1. The applicant shall prepare and submit the required Site Plan Application as per the application requirements noted below. The application form is available online. The online form will submit the material directly to the Planning and Development Services Division.
2. Once received, the Town will review the application to ensure that all required components have been submitted and to confirm if the application meets the eligibility criteria.
3. The application may be reviewed by different disciplines, and if the application meets the eligibility criteria, the application will be approved.

Note: If it is determined that the application does not meet the eligibility criteria, Planning staff will contact the applicant as soon as possible and will work with the applicant to navigate the required approvals and permits efficiently.

To receive expedited review of a temporary patio (new or expansion), the following items must be completed and submitted to Planning and Development Services. Where all required material is not provided, the applicant will be determined to be ‘incomplete’ which will result in delays in the processing of the application.

1. A completed Fast Track Site Plan Application Form, including written confirmation and authorization from the owner of the property (if different from applicant).
2. A legible sketch/site plan/aerial photo of the proposed temporary patio, including:
   1. The restaurant building location in relation to the proposed temporary patio
   2. The temporary patio location, including dimensions and floor area
   3. The location of all proposed tables, chairs and patio elements such as temporary fencing and temporary landscaping features, etc.
   4. The location of all emergency access routes, and associated fire connections where applicable
   5. The location of all pedestrian circulation routes (walkways/sidewalks) and the width of these routes
   6. The dimensions of the patios to the lot lines and sidewalks
3. The number and location of any parking spaces and/or loading/delivery spaces to be removed to facilitate the expansion or creation of a temporary outdoor patio. Note: Should any accessible parking spaces be temporarily removed, the Town will be looking for accessible parking spaces to be accommodated elsewhere on the subject property.
4. A completed Temporary Outdoor Patio Undertaking.
5. A completed Certificate of Insurance as per the Town’s template, together with a certified cheque or Electronic Funds Transfer in the amount of the deductible. Contact us for a copy of the Certificate of Insurance template.
   Note: To expedite the processing of the application and during this time of COVID-19, Town staff encourage the applicant to submit the required payment by Electronic Funds Transfer. The details on the payment of this deductible will be provided by Planning staff.
6. Any other documentation and supporting materials required to support the temporary patio application.

If you are ready to apply, skip to Steps 3 and 4 below.  

• Temporary Outdoor Patio Expedited Review Process for Stage 2 Re-Opening
• Letter of Undertaking