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Private-Patio-Emergency-Pandemic-Recovery-Policy.pdf"
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POLICY MANUAL
POLICY NUMBER: PLANNING-005
SUBJECT: Patio Branford - Private Patio Policy
POLICY STATEMENT:
The City of Brantford is making it easier for businesses to establish temporary
outdoor dining or retail areas. These guidelines provide a step-by-step process
for establishing temporary patios (dining or retail) on private commercial
properties subject to conformity with the Zoning By-law regulations.
RELATED POLICY PROCEDURES/GUIDELINES:
CRITERIA
Location
a) Patios are permitted in commercial areas and can complement food
service businesses such as restaurants, bakeries, farmers markets,
grocery stores and shopping centres.
Required Applications and Permits
b) Provided the patio is temporary in nature, is constructed on grade, not
enclosed by a building or structure, and does not require the installation of
permanent fixtures that would alter the grading of the property, no permits
or fees are required. However, if a wood deck is proposed and supported
above grade (columns/beams) a building permit will be required.
c) If there is an approved site plan agreement registered on the property, the
Planning Department will require a redlined site plan for the file; however
no formal site plan amendment (including fee) will be required.
d) For patios that are permanent in nature and contain buildings or structures
and alter the grading of the property, a site plan control
application/amendment, building permit and site alteration permit may be
required.
e) Applicants shall consult with the Planning Department about their
proposals, and shall provide a sketch, patio location, photos, and
owner/tenant authorization (where applicable).
Design Standards
Accessibility
f) The patio, including entrances, must be compliant with the Accessibility for
Ontarians with Disabilities Act (AODA).
Structural
g) Patios can include patio umbrellas, however overhead assemblies of any
kind including but not limited to any fabric roof coverings, or trellis-type
shade structures may require further approvals from the City.
h) If an enclosure or structure is proposed on the patio, a site plan
amendment or a building permit may be required. Individuals should
consult with the Building Department.
Visual
i) Proposals for patios must contain a perimeter guard or fence so that
individuals can utilize these spaces safely.
j) Fencing can be constructed out of wood, metal, vinyl/plastic, glass or a
similar material, and securely installed.
k) The use of art, planter boxes and landscaping is encouraged to improve
the aesthetics of a patio.
Additional Criteria
l) 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.
m) 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).
n) The patio shall not negatively impact drainage and storm water runoff.
o) If a gate is proposed to the patio, all gates must swing into the patio space
and not obstruct walkways. Unamplified entertainment or amusement
shall be permitted on the patio, subject to the Zoning By-law.
p) No obstructions from the patio can extend into abutting walkways and
drive aisles to avoid conflicts with pedestrians or vehicles.
q) At the end of each business day, the commercial establishment is
required to clean walkways in and around the outdoor patio area and
remove debris to a covered refuse receptacle.
r) Access to Fire Department connections or exits from adjacent buildings
must be maintained, including any occupancy load restrictions.
Approval Process and Requirements
s) Consult with Planning Staff regarding your proposed patio on private
property and ensure conformity with the zoning by-law regulations.
t) If there is an approved site plan associated with the property, no formal
site plan amendment (including fee) will be required, however, a redlined
site plan/sketch is to be provided to the Planning Department confirming:
Location of the patio on the subject property including dimensions
and details about visual appearance and providing photos of the
proposed patio location;
The patio meets AODA requirements;
Patio must be set back a minimum of 5 m from a Residential Zone;
Outdoor temporary patios shall only be permitted seasonally from
the months May 1st to October 31st in each calendar year. and,
If required, Planning Staff will direct you to the Building Department
for a building permit and/or Development Engineering for a site
alteration permit.
Date of Enactment:
July 16, 2020
Related By-law Number/Staff Report
Number:
87-2020/ 2020-286
64-2021/2021-99
96-2022/2022-359
Review and Amendment Dates:
March 23, 2021
June 28, 2022
Department Responsible for Review:
Planning
Date of Next Review:
Applicable Legislation/Legislative Authority: