Item - 2020.PH15.2

The Planning and Housing Committee:

1.  Received the item for information.

This report recommends temporary use by-laws pursuant to Section 39 of the Planning Act to ease zoning restrictions on outdoor patios associated with eating establishments, take-out eating establishments, and recreation uses. The proposed by-laws complement the proposed CafeTO program to allow expanded patios on City boulevards and rights-of-way and the by-laws match the time-frame of the program.

The intent of the temporary use by-laws is to support the ability of restaurants and bars to respond to physical distancing requirements associated with the COVID-19 pandemic, by increasing the amount of outdoor space for patrons.

One temporary use by-law is proposed as an amendment to the city-wide harmonized Zoning By-law (569-2013). The second temporary use by-law will address properties that remain subject to the former municipal zoning by-laws.

The by-laws would allow a modest increase to the maximum size of outdoor patios and would remove restrictions that might prevent an outdoor patio located in front of buildings. The by-laws have particular consideration for non-residential properties with dedicated surface parking in front of the building, by permitting patios notwithstanding parking requirements. The by-laws are proposed to expire on November 16, 2020, to coincide with the end of the CafeTO program.

The proposed by-laws are consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019).

This report summarizes events which have resulted in the temporary use zoning by-laws proposed in PH15.2 no longer being necessary.

The zoning regulations contained in the temporary use zoning by-laws proposed in PH15.2 are substantially reflected in a Ministerial Zoning Order filed and put into force on July 8, 2020, specifically, Ontario Regulation 358/20. This Ministerial Zoning Order permits outdoor patios ancillary to eating establishments in certain zones, subject to conditions which mitigate impact on nearby properties. This Order also provides relief from certain zoning restrictions, including permission to occupy space that would otherwise be required for parking and an increase to the permitted maximum area of outdoor patios.

The Ministerial Zoning Order cannot be appealed and is revoked on November 16, 2020, coinciding with the end of the CaféTO program, the goal of which is to support local restaurants and bars as they re-open following closures resulting from COVID-19.