Temporary Outdoor Patio Program

On February 23, 2022, Council approved to permanently adopt the Temporary Outdoor Patio Program, which combined the On-Street Patio Program and the Outdoor Dining Districts Program, and to establish applicable annual user fees.

This program allows eligible local businesses to establish temporary seasonal patios and seating areas on municipal or private property (if current zoning is compliant).

Temporary Outdoor Patios will be permitted in:

Business Improvement Areas (BIAs)
Community Improvement Plan Areas (CIPAs)
Private Property (zoning compliant)

Deadline: Applications for patios can be submitted starting March 1, 2023 and must be received prior to June 1, 2023.

How to

Apply for a Temporary Outdoor Patio

Temporary Outdoor Patios shall:

be permitted within BIAs, certain municipal property and on private property
be limited to cafes, restaurants and bars only
comply with all applicable City of Hamilton By-laws
adhere to all applicable public health requirements
permit alcohol service or consumption of alcohol with Alcohol and Gaming Commission of Ontario (AGCO) and City of Hamilton approval
provide proof of commercial general liability insurance ($5 million) coverage endorsed to include the City of Hamilton as additional insured
be compliant with the Accessibility for Ontarians with Disabilities Act (AODA)
have additional barriers installed for pedestrian and patron safety for on-street patios
require 2/3 buy-in from all businesses on the affected block(s) through petition if not within a BIA
require that the applicants be responsible for the management and operation of any approved Temporary Outdoor Patios, including ensuring they are staffed at all times when open, to ensure proper use and cleaning
be permitted until October 31, 2022. The applicant is responsible for removal of the patio and returning the space to its original form no later than 7 am on November 1.

Temporary Outdoor Patios shall NOT:

have any negative impacts with respect to pedestrian safety, accessibility, emergency services, public transit, private accesses, etc.
change the existing occupancy load of the food service location (as of February 23, 2022)
permit smoking, pursuant to the Smoke-Free Act and ‘no smoking’ signage shall be posted at the entrance/exit
permit outdoor food preparation (unless from licensed food trucks, street food vending or ice cream trucks permitted to operate)
permit the construction of structures with any area greater than 10m2 or the use of tents greater than 60m2
permit outside amplified music/sound without an approved Noise Exemption Application Permit(PDF, 19.34 KB)
permit obstruction of stormwater flows or block stormwater drains. The Applicant shall be responsible for clearance of any debris or snow and overall maintenance to ensure free flow of water

If within a BIA, you will need to submit BIA's Written Endorsement(PDF, 91.66 KB) for the Temporary Outdoor Patio.

If not in a BIA, you will need to speak with neighbouring businesses and get 2/3 to sign off on the Temporary Outdoor Patio (the project team will provide more information).

If your dining establishment is on private property and you are a tenant (not a landlord or owner).

You must complete the Consent of the Owner or Landlord Form(PDF, 47.53 KB) and submit as part of your application.

Prepare a detailed sketch or site map of the proposed Temporary Outdoor Patio.

Sketches/maps on municipal property must include dimensions of the patio/dining area, location of entrances/exits from the building and from the patio/dining area, location of any fire department connection and municipal fire hydrant, type of barrier being used.
Sketches on-street or pedestrian by-pass must be in accordance to SK-1 and SK-2(PDF, 66.69 KB) or Pedestrian Bypass SK-3(PDF, 106.95 KB). All on-street patios shall have a minimum of 4.5 metres clearance between the street centreline (on a street with a single lane in each direction) and the edge of the patio, if adjacent to a marked bike lane, the traffic clearance will be 0.25 metres from the edge of the bike lane.

Applicant is required to pay application fee for Temporary Outdoor Patios.

Type	Fee
Temporary Outdoor Patio Application	$676.11 (waived for 2023 season)
Occupation of Parking Space Fee	$875 per parking spot
Installation of Safety Devices	$800 (waived for 2023 season)
Temporary Lane Closure	$56.70 (alleyway patios)

You can pay your fees online or in person at 330 Wentworth Street North, Hamilton.

There are 3 different types of Outdoor Patios based on the patio location:

Municipal Property

For patios on sidewalks, municipal alleyways, municipal parking lots.

Complete Municipal Property Application

Private Property

Boundary of patio must be contained to the private property space.

Complete Private Property Application

On-Street Structure

For patios or pedestrian by-passes on-street occupying a metered parking space. Applicant to hire OTM Book 7 certified contractor to install crash barriers (urban or water-filled are in compliance). A list of qualified vendor applicants is provided(PDF, 1.19 MB).

Complete On-Street Structure Application

Once your application has been submitted, a member of our team will contact you within 2 business days to discuss further and identify next steps. Total approval time is 15 business days.

Temporary Outdoor Patio

Guidelines & Maintenance

Construction Guidelines & Requirements

Winterizing Temporary Patios

Building Permit Requirements

A Building Permit is required for all on-street patio platform structures except for any platform structure of any area that meets these minimum requirements:

The floor structure shall be constructed of standard dimension lumber floor joists (ex. 35mm x 190mm (2x8), (35mm x 240mm (2x10) etc.) spaced not more than 406mm on-centre (16” o/c) and bearing directly on suitable ground such that no portion of the floor structure is suspended more than 38mm (1.5”) above grade and the finished floor elevation shall not exceed 355.6mm (14”) from adjacent ground elevation.
Solid blocking shall be provided between floor joists at a spacing of not more than 5 feet on-centre with a minimum of 1 row of blocking for any joist spans that exceed 5 feet.
The floor joists shall be fastened to rim joists around the perimeter of the floor structure with a
minimum of four (4) 89mm (3-1/2”) inch-long common spiral nails per joist.
The floor structure shall be unenclosed, except that a guard with a height of not less than 914mm (36”) but not greater than 1070mm (42”) shall be installed around the perimeter of the floor structure in accordance with the requirements states elsewhere in this document.
Where there is a difference in height between the platform and the adjacent sidewalk a 1500mm (59”) wide ramp with a maximum slope of 1:8 shall be constructed anywhere along the platform adjacent to the sidewalk as shown on sketch SK-1.
Except for patio umbrellas, no overhead structures of any kind are permitted including but not limited to any fabric roof coverings, or trellis-type shade structures.
The owner/operator of the on-street patio is responsible to examine on an annual basis any materials that are proposed to be reused in the construction of the on-street patio for deterioration such as rotting, cracking, splitting, or any other deterioration that may affect the structural integrity and/or performance of the platform or any portion thereof.

Definitions

Suitable ground shall mean asphalt or concrete road surfaces or pavements and concrete sidewalks (subject to the approval of the City of Hamilton).
Guard shall mean a protective barrier, with or without openings through it, that is constructed in accordance with the construction requirements.
Patio shall be defined as the use of an on-street parking space for a passive seating area for the public or patrons of a business or Business Improvement Area, including some merchant areas, and they can include landscaping materials in conjunction with the minimum building requirements provided.

Learn more about Building Permits for Small Businesses

There are a number of improvements that businesses can make to their patios to make them more conducive to winter outdoor dining.

Some information on the most frequently sourced solutions:

Portable Heaters

Temporary portable heaters do not require any city approvals provided they are not affixed to a building or structure. Use must be in accordance with the manufacturer’s instructions and may also be subject to limitations in accordance with the Ontario Fire Code. Open fires or fire pits are not permitted in the urban area. For more information, review the TSSA Heater Safety Guide.

Tents

Under the Ontario Building Code, a tent or group of tents is exempt from the requirement to obtain a Building Permit provided that the tent or group of tents are:

not more than 60 m2 in aggregate ground area,
not attached to a building, and
constructed more than 3 metres from other structures.

For tents over 60 m2 in size a Building Permit is required. The tent would be required to be designed to handle area snow loads as per the Ontario Building Code, and it is important to note that “snow removal by mechanical, thermal, manual or other means shall not be used as a rationale to reduce design snow loads”. For tents that require Building Permits, all applicable zoning would have to be met. The City’s Zoning By-law generally treats tents the same as any other structure.

Snow Clearance

Snow clearance and storage/removal around temporary patios on public property such as sidewalks is the responsibility of the applicants, and must comply with the City of Hamilton’s Snow and Ice By-law 03-296, which requires property owners and/or occupants to clear snow and ice from sidewalks adjacent to their property and from roofs that overhang the City sidewalk within 24 hours after the end of a snowfall.

Date modified

February 28, 2023