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POLICY MANUAL
POLICY NUMBER: PLANNING-004
SUBJECT: Patio Brantford - On-Street Patio Policy
POLICY STATEMENT:
The City of Brantford's On-Street Patio Policy allows businesses to establish
temporary seasonal patios by using on-street. The temporary On-Street Patio
Policy fits with the City's goals to promote and build on the distinctive character
and locational advantages of Brantford while creating a vibrant streetscape.
These patios can be used as commercial (dining or retail) or passive parklet-
style spaces.
RELATED POLICY PROCEDURES/GUIDELINES:
CRITERIA
Location
a) On streets with existing on-street parking.
b) Where the on-street patio can be located directly in front of the associated
business:
a. Consideration will be given to patios that extend up to one parking
space past the business's frontage provided neighbouring
businesses have given consent.
c) Proposals must not obstruct underground utility access, electrical
transformer vaults, utility boxes, parking meters, loading zones, transit
stops, fire hydrants, crosswalks, emergency vehicle routes, as well as
snow plow operations and waste collection and other infrastructure.
d) Accessible parking spaces are not eligible to be used as on-street patios.
e) Proposals must not obstruct the intersectional sight lines on any roads,
and must be reviewed by the Engineering Department.
f) Patio proposals will be dependent on the road classification (i.e. road
speed), and subject to approval by the Engineering Department.
Design Standards
Accessibility
a) The patio, including entrances, must be compliant with the Accessibility for
Ontarians with Disabilities Act (AODA).
b) The patio base must have an accessible transition at the sidewalk and
curb to permit easy access and avoid tripping hazards by means of
decking that is flush with the sidewalk.
Structural
a) The owner/operator shall provide a floor structure that accommodates the
crown of the road and provides a level surface for the deck that is flush
with the adjacent curb and sidewalk. Sample drawings are attached to this
Policy.
b) Patios may utilize umbrellas, however overhead assemblies including but
not limited to any fabric roof coverings, or trellis-type shade fixtures are
not permitted.
c) The owner/operator of the on-street patio is responsible to ensure that any
materials that are proposed to be used in the construction of the on-street
patio is free of deterioration such as rotting, cracking, splitting, or any
other deterioration that may affect the structural integrity and/or
performance of the platform or any portion thereof.
Visual
a) Patio installations must be set back from the travelled portion of the
roadway by a physical barrier at a distance determined by the Engineering
Department.
b) To ensure visibility to moving traffic and parking cars, installations must be
buffered using a temporary wheel stop at a desired distance of 1.2 metres
(48") from each end. This standard must be included in the notice and
plans provided to neighbouring businesses for consent.
c) Lighting will be subject to review and will be designed and installed in such
a way as to not create a visual or physical distraction to travelling public
on the sidewalk or roadway. For example, patio lantern-style light fixtures
may be permitted, while larger format flood lighting may not.
d) The use of art is encouraged to improve the aesthetics of the standard
patio enclosures.
Additional Criteria
a) The applicant shall have a valid business license in good standing with the
City of Brantford (where applicable), including consent by the property
owner if applicable.
b) The applicant is responsible for all requirements of the Alcohol and
Gaming Commission of Ontario pursuant to the sale and service of alcohol
(where applicable).
c) Copy of Insurance Certificate as required pursuant to the Temporary Patio
License.
d) All gates must swing into the patio space and not obstruct the sidewalk or
travelled portion of the roadway.
e) No umbrellas or other treatments can extend into the sidewalk or travelled
portion of the roadway.
f) Applicants must provide notice to adjacent business neighbours of their
proposals, if available; provide the Planning Department with
acknowledgement.
g) Promotional signage/advertising will not be permitted on any patio or
adjacent sidewalk, along the entire length of the patio, which may include
neighbouring businesses.
h) Unamplified entertainment or amusement shall be permitted on the patio.
i) At the end of each business day, the owner/operator is required to clean
the sidewalk in and around the outdoor patio area and remove debris to a
covered refuse receptacle. Garbage cannot be placed in City waste
receptacles.
j) The City of Brantford will have the right to maintain the municipal property
in order to carry out repairs or maintenance to the municipal property.
Where possible, the City of Brantford will provide written notice five (5)
days prior to entering. The City has the right at any time to suspend the
permit and undertake removal of the patio at the applicant's expense.
k) Access to Fire Department connections or exits from adjacent buildings
must be maintained.
Application Requirements
a) Prepare plans and drawings of the proposed installation(s) using metric
dimensions and standard drafting templates, in conjunction with the plans
provided in this Policy.
b) Complete the On-Street Patio Occupancy Permit Application.
c) Enter into a Temporary Patio License with the City.
Approval Process
a) Submit your Permit application, as above, and five (5) copies of the
required plans and drawings and photos of the proposed patio location to
the Planning Department.
b) Revise application in response to Staff comments, if necessary.
c) Clear conditions of approval and receive a Temporary Patio License.
d) Install on-street patio.
e) Contact City Staff re: inspection.
f) Obtain final approval by the Planning Department.
Date of Enactment:
July 16, 2020
Related By-law Number/Staff Report
Number:
86-2020/2020-286 (Original)
206-2020/2020-286 (Amending)
63-2021/2021-99 (Amending)
95-2022/2022-359 (Amending)
Review and Amendment Dates:
November 24, 2020
March 23, 2021
June 28, 2022
Department Responsible for Review:
Planning
Date of Next Review:
Applicable Legislation/Legislative
Authority:
Schedule A - Concept Patio Plan (Floor Plan)
Schedule B - Concept Patio Plan (Cross Section)