Item - 2020.PH17.12

City Council considered Items EX17.7 and PH17.12 together.

The Planning and Housing Committee recommends that:

1. City Council enact zoning by-law amendments substantially in accordance with Attachments 1 and 2 to the report (October 5, 2020) from the Chief Planner and Executive Director, City Planning.

2. City Council enact zoning by-law amendments substantially in accordance with Attachments 3, 4, and 5 to the report (October 5, 2020) from the Chief Planner and Executive Director, City Planning.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to each zoning by-law amendment as may be required.

4. City Council request the Chief Planner and Executive Director, City Planning, and the Chief Building Official, in consultation with any relevant divisions, to explore options to expedite the review of any additional Building Code, Fire Code, and zoning regulations associated with the implementation of covered and partially enclosed patios for the 2021-2022 winter season.

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 will replace the Ministerial Zoning Order issued by the Province as O. Reg. 358/20, which will expire on November 16, 2020. The temporary use by-laws will continue to ease restrictions on outdoor patios associated with restaurants and bars during the winter months, in the event that individual businesses choose to operate patios for their patrons during this time.

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 temporary use by-laws are proposed to expire on May 25, 2021, after the conclusion of next year's Victoria Day long weekend.

This report also recommends time extensions to three site-specific temporary use by-laws previously adopted by Council that grant zoning permissions to three temporary outdoor patios currently operating under circumstances or site conditions as part.