Outdoor patios associated with restaurants and bars are often located on private property. If your outdoor patio proposal is located entirely on private property, complies with the zoning bylaw, and does not incorporate any structures that require a building permit, then you do not need to obtain City permission prior to the installation, except as noted in the Business License Endorsement tab. You do not need City permission to install a modest fence or guardrail.
Outdoor patios on private property are regulated by the City’s zoning by-laws. Many of the zoning rules are intended to manage potential conflicts between outdoor patios and other nearby properties. Zoning permissions for outdoor patios can vary depending on the zone, unique circumstances of a property, or which zoning by-law is in force.
A restaurant, bar or café that is located in a mixed use, commercial or employment zone can usually operate an outdoor patio without any special zoning permissions. In most cases, your patio will need to meet the following rules:
You can install an outdoor patio that has an area up to 50% of the interior floor area of your establishment, or 50 square metres, whichever is greater.
An outdoor patio must be at least 10 metres from residential properties, if the outdoor patio is located in the following zones:
An outdoor patio must be at least 30 metres from residential properties, if the outdoor patio is located in the following zones:
In all cases, and despite the required distances listed above, if the patio is located above the first storey (for example, on a rooftop), the required distance increases to 40 metres.
The outdoor patio can occupy parking spaces, if those spaces are not required for a residential use or are accessible parking spaces. Residential visitor parking spaces may also be occupied, up to a maximum of 50% of the amount of required residential visitor parking for the lot. The adjacent driving aisle between the parking spaces may also be occupied, provided it does not block access to other parking spaces.
If your property abuts a residential property, a fence must be installed along the portion of the outdoor patio parallel to the rear property line
There are general guidelines, to review all zoning regulations as they apply to outdoor patios on private property, please consult the applicable zoning by-law
If your outdoor patio will incorporate additional structures like a raised platform, you may require a building permit and there may be zoning rules that prevent or regulate a structure or enclosure on a patio. There are also provincial Building Code regulations, fire safety regulations, and public health regulations that must be considered.
A building permit for a temporary tent is not required if the tent is:
You should discuss any proposal for a structure with the Toronto Building Division. They can also provide more information on building permits and regulations.
If you have a question regarding the requirements for a building permit, Contact Toronto Building by calling 416-397-5330 Monday to Friday 8:30 a.m. to 4:30 p.m.
Entertainment on outdoor patios is permitted in the following zones:
The area for entertainment on the outdoor patio must not exceed the greater of 10 percent of the outdoor patio area or 5.0 square metres.
Entertainment also includes acoustic sound and amplified live music performances, as defined in Chapter 742.
Entertainment is prohibited on outdoor patios above the first floor.
Outdoor patios associated with restaurants and bars are often located on private property.
If your outdoor patio is located entirely on private property and you have a currently valid restaurant or bar licence, a private patio endorsement can be added to your current licence.
A Same-owner add on application is required to be submitted. Prior to submitting an application, you must provide an approved Zoning Review of the Private Patio.
If you do not have a currently valid restaurant or bar licence, you will be required to submit an application for a restaurant or bar. The private patio endorsement can be added at that time.
Prior to submitting an application, you must provide an approved Zoning Review of Business Licence which should include review and approval of the restaurant/bar and Private Patio.
If your property is located on both private property and the public right-of-way, your outdoor patio will need to comply with the zoning bylaws, and the regulations for either sidewalk cafes or curb lane cafes
Postcard: Download and print this easy-to-follow postcard on expanding private patios in Etobicoke, North York and Scarborough this summer.
Poster: Download and print this helpful poster about CaféTO options.