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.
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
- 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 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).
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 or Pedestrian Bypass SK-3. 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.
|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:
For patios on sidewalks, municipal alleyways, municipal parking lots.
Boundary of patio must be contained to the private property space.
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.
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.