Permits & Inspections
Outdoor Boulevard Café Encroachment Agreements
Contact Us
For more information email:
[email protected]
Due to the high volume of inquiries and applications received, please allow up to 5 business days for a response to your email.
An Outdoor Boulevard Café Encroachment Agreement is required when an outdoor café or patio extends entirely or partially onto the municipal right-of-way (boulevard). A café encroachment agreement is a formal, legally binding contract between the City of Hamilton and a business owner, authorizing the business owner use of the municipal right-of-way for the purpose of maintaining a café or patio while protecting public safety, municipal infrastructure, and the City’s interest.
Before Applying
Contact the Building Division at [email protected] or 905-546-2720 to determine whether the café or patio requires a Building Permit.
If a Building Permit is required, obtain conditional Zoning Verification and Site Plan Approval through Planning & Economic Development before submitting your encroachment application.
For temporary seasonal outdoor seating only, please visit the Temporary Outdoor Patio Program.
Submitting an Application
The application fee is non-refundable, regardless of whether the application is approved, denied, withdrawn, or abandoned. The fee covers the administrative costs associated with reviewing and processing the application, including technical review, internal and external circulations, site visits, and preparation of the encroachment agreement, if approved.
Application Fee: $2,175.08 (HST included)
Annual Fee: There is currently a moratorium on annual fees for Outdoor Boulevard Cafés. However, when the moratorium ends, an annual fee will be added to the property tax roll and will remain in place until the outdoor boulevard café is removed and the agreement has been formally discharged. An annual fee will apply if the patio includes features that require a Standard Encroachment Agreement.
Complete the Outdoor Boulevard Café Encroachment Agreement Application Form
Application Requirements
A complete application package includes:
- Completed application form
- Patio site plan drawing, which must include all of the following:
- Property boundary lines, labelled and/or in red (refer to Property Survey or consult with an Ontario Land Surveyor to establish property boundary lines)
- All patio features illustrated on drawing (ie, fencing, pavers, decks, tables, chairs, umbrellas, canopies, plantings, refuse containers, floor mounted menus, etc.)
- Measurements (LxW in metres) of all individual encroaching features from the property boundary line included on drawing
- Maximum seating capacity included on drawing, as determined by Planning & Economic Development
- Conditional Site Plan Approval and Zoning Verification from Planning & Economic Development
- Property Parcel (PIN) document obtained from the Ontario Land Registry Access
- Property Parcel Map obtained from the Ontario Land Registry Access
- For Corporations, a copy of the Corporate Profile Report from the Ontario Business Registry, confirming the name and proper title of the authorized signer for the agreement
Submit your completed application package to Corridor Management (Encroachments) via email to [email protected].
- Applications remain active for a maximum of one (1) year from the date a complete application is received.
- If an application has not been completed within one (1) year, it will be considered closed.
To proceed after the application has expired, a new application, payment of the applicable non-refundable application fee, and completion of the full review and approval process will be required.
Applications are processed in the order they are received. Processing timelines depend on application volume, internal and external reviews, and other internal processes required.
Applications cannot be expedited or prioritized.
Applicants are encouraged to submit complete applications well in advance of any anticipated construction or opening dates.
Once a complete application has been received, City staff will:
- Review the application for completeness
- Contact the applicant to process the application fee
- Complete an internal and external circulation for review and comment
- Review all comments and determine whether additional information or revisions are required and whether there are any concerns or objections
- Formally approve or deny the application
Approval is subject to all applicable City requirements and comments and concerns being satisfactorily addressed. If comments and concerns cannot be resolved, the application will ultimately be denied, and the application fee is non-refundable.
If the application is approved, the following steps occur:
- Agreement is drafted
- Legal preliminary review of draft agreement
- Electronic signing and execution
- Executed agreement provided to owner/applicant and their lawyer
- Registration on title by owner’s lawyer
- Registered copy of agreement returned to Corridor Management (Encroachments) to finalize
Property owners are responsible for complying with all terms and conditions of the Outdoor Boulevard Café Encroachment Agreement throughout the life of the encroachment.
Failure to comply with the agreement, or occupying the municipal right-of-way without an approved agreement, may result in enforcement action, including the removal of the encroachment at the owner's expense.
Conditions & Requirements
- Live or amplified music is not permitted within the outdoor boulevard café. Café operations must conform to Hamilton's Noise By-Law No. 03-020.
- The applicant must allow the representatives of the General Manager, Public Works or any public utility to enter the outdoor boulevard café area for the purpose of installation, maintenance, and repair of pipes, cables, wires, poles and other installations. The cost of restoration is the responsibility of the café owner.
- The property owner cannot use any part of the outdoor boulevard café for any other use at any time such as parking, advertising or signs, other than what has been specified in the encroachment agreement.
- Only food and beverages prepared and served from the abutting eating establishment are permitted. No outdoor food preparation or service facilities are permitted within the outdoor boulevard café area.
- Liquor licensed business owners who wish to serve liquor on their Outdoor Patio must notify the Alcohol and Gaming Commission of Ontario of the approval and permit obtained from the City of Hamilton.
- The facilities of the abutting restaurant must provide food preparation, garbage storage and washrooms satisfactory to Public Health Services.
- Maximum seating capacity of the outdoor boulevard café is determined by the Planning & Economic Development department.
- An annual fee is charged to cover any standard encroachments such as decks, planters or canopies which occupy the road allowance and the owner(s) are required to enter into a Standard Encroachment Agreement for these features.
- An annual fee will be charged for the outdoor boulevard café encroachment when the current moratorium is lifted.
- Applicants must provide details and drawings on the colour, architectural finishes and arrangement of the elements such as chairs, tables, umbrellas, plantings, refuse containers and floor mounted menus as part of their site plan approval application submission.
- Lands intended for outdoor boulevard cafés must conform to the Zoning By-Laws of the abutting lands.
Outdoor boulevard café design specifications must adhere to the Barrier-Free Design Guidelines and the Accessibility for Ontarians with Disabilities Act standards.
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