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Planning and Housing Committee · 2020-07-13 · 2020.PH15.2

The filed record

Temporary Use Zoning By-law to Expand Permissions for Outdoor Patios for Bars and Restaurants

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The decision

2020-07-13 · Planning and Housing Committee · amended

As filed

The Planning and Housing Committee: 1. Received the item for information.

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As the city filed it

This report recommends 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 proposed by-laws complement the proposed CafeTO program to allow expanded patios on City boulevards and rights-of-way and the by-laws match the time-frame of the program. The intent of the temporary use by-laws is to support the ability of restaurants and bars to respond to physical distancing requirements associated with the COVID-19 pandemic, by increasing the amount of outdoor space for patrons.

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One temporary use by-law is proposed as an amendment to the city-wide harmonized 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 would allow a modest 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 have particular consideration for non-residential properties with dedicated surface parking in front of the building, by permitting patios notwithstanding parking requirements. The by-laws are proposed to expire on November 16, 2020, to coincide with the end of the CafeTO program. 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).

Staff recommended

The Chief Planner and Executive Director, City Planning recommends that: 1. City Council enact zoning by-law amendments substantially in accordance with Attachments 1 and 2. 2. City Council authorize 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 City staff to attend and support the temporary

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use by-laws in their current form, should either be appealed to the Local Planning Appeal Tribunal within the statutory timeframe of the Planning Act.

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