Item - 2021.PH21.7

The Planning and Housing Committee recommends that:

1. City Council enact zoning by-law amendments with respect to city-wide zoning permissions for outdoor patios substantially in accordance with Attachments 1 to 7 to the report (February 16, 2021) from the Chief Planner and Executive Director, City Planning.

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

3. City Council direct the City Solicitor and appropriate staff to attend and support the temporary use by-laws in their current form, should either be appealed to the Local Planning Appeal Tribunal within the statutory time-frame of the Planning Act.

4. City Council, to complement the CafeTO and CurbTO Pandemic Response Programs, request the Chief Planner and Executive Director, City Planning bring forward City-initiated site-specific temporary use by-laws for consideration by City Council, upon request, to provide site-specific zoning relief for outdoor patio proposals located on private property, in cases where the following circumstances are met:

a. Ontario Regulation 345/20, or its successor, remains in effect;

b. City-wide temporary use by-laws 906-2020 and 910-2020, to temporarily reduce zoning restrictions on outdoor patios, or their successor by-laws, remain in force;

c. The operator of the proposed outdoor patio has provided adequate information to the appropriate Community Planning district staff to prepare a draft temporary use zoning by-law for the proposed patio;

d. An outdoor patio that complies with city-wide zoning regulations is not feasible on the subject site;

e. A patio under the CafeTO program is not possible;

f. City Planning staff have consulted the local Ward Councillor on the proposed outdoor patio;

g.   The draft site-specific temporary use zoning by-law for consideration by City Council is accompanied by a staff report from City Planning on the merits of the proposed patio; and

h. City Council has adopted a motion endorsing the proposed patio in principle; which motion may also introduce the draft by-law and accompanying staff report as new business.

This report recommends an extension to the existing 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 current city-wide temporary use by-laws in effect will expire on May 25, 2021. Preparation and planning by business owners for outdoor patios typically occurs in the first quarter, and providing an extension to the existing by-laws will provide certainty to operators of these establishments. The proposed by-laws will continue to complement the existing CaféTO program to allow expanded patios on City boulevards and rights-of-way and the by-laws match the time-frame of the program.

Two city-wide replacement by-laws are proposed to take effect upon Council approval, at which time the existing by-laws would be repealed. The contents of each by-law will remain the same, with the only change being a new expiration date of April 14, 2022. One temporary use by-law is proposed as an amendment to harmonized city-wide 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 will continue to allow an 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 are proposed to expire on April 14, 2022, to coincide with the proposed end of the CaféTO program.  

In addition to the city-wide temporary use by-laws that modified zoning performance standards for patios, five site-specific temporary use by-laws were enacted with expiration dates of May 25, 2021. These five site-specific temporary by-laws also require an extension to April 14, 2022.

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).