Site Plan Applications

Restaurants open for outdoor dining areas only such as patios.

Site Plan Approval

To set up a new temporary patio or temporarily expand an existing patio, you must have Site Plan Approval.

Building Permit

Depending on location, you may need other permits if:

• Your lot is within the Niagara Escarpment Plan
• Your lot is regulated by a Conservation Authority
• Your patio is on public lands or right-of-way
• You want to put up signage

Contact us for more information or help.

To be eligible for expedited review

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 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 the Planning staff 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 Department.
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 Department. 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. Contact us for a copy of the Certificate of Insurance template.
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