Restaurants and Outdoor Patios

The following is a summary of the recommended criteria/guidelines under which on-street patios would be permitted in the city:

• Patios would generally mean passive seating areas and spaces, which may include landscaping materials to beautify the space.
• Written endorsement by the BIA is required in a form satisfactory to the City.
• On-street patios are permitted only in legal on-street parking areas (for example, time-limited or unrestricted parking spaces). They will not be allowed in areas where parking/stopping is prohibited for traffic movement or public safety (for instance, through traffic lanes, bike lanes, accessible parking stalls, etc.).
• An applicant must provide proof of commercial general liability insurance naming the City of Welland as additional insured in the amount of $5M.
• The on-street patio will comply with all Accessibility for Ontarians with Disabilities Act requirements.
• To ensure public safety is maintained, applications for on-street patios would be reviewed through the City’s current road occupancy permit.
• Please review the complete the sidewalk patio guidelines.

The proposed sidewalk and parking spot guidelines do not apply to private property and are intended to establish guidelines and technical performance standards to encourage patios on sidewalks, provided adequate sidewalk width is available. In addition, these guidelines address key issues such as aesthetics, accessibility, and setback considerations.

To apply for a sidewalk and/or parking spot patio, please submit a road occupancy permit to traffic and parking operations.

The following is a summary of the process under which expanded outdoor patios would be permitted in the city:

1. Applicant submits a site plan to the City's planning division showing the following information:
   1. the boundaries and dimensions of the subject land
   2. the approximate location of natural and artificial features on the subject land and on adjacent lands that, in the opinion of the applicant, may affect the application (for example, buildings, railways, roads, watercourses, drainage ditches, river/stream banks, wetlands, wooded areas, wells, septic tanks, etc.)
   3. the location, width, and name of any roads, unopened road allowances, private roads, or right-of-way which are within or abut the subject land
   4. the location and nature of any easements and fire routes affecting the subject land
   5. location, size, type, and use of any existing buildings or structures on the subject land, including the distance of the buildings or structures from the front, rear, and side lot lines
   6. the location, size, and type of the proposed patio, including setbacks to lot lines and the existing building
2. Staff will review the zoning and building and fire code compliance plan.
3. Staff will respond to the applicant if the proposal complies with relevant regulations; if not, options for compliance will be provided. For example, in instances where the patio will occupy required parking spaces, the applicant will be given a chance to enter into a short agreement allowing for temporary cash-in-lieu of parking spaces.
4. Staff will issue a site plan exemption where applicable.
5. Staff will issue a written approval with any conditions of approval if applicable.

To apply for a new or expanded outdoor patio on private property, please send an email requesting approval for your proposal and a copy of the above-noted site plan to planning and development services.