November 27, 2017
Sidewalk Café and Marketing Display Review
- Municipal Licensing and Standards and Transportation Services have been reviewing existing regulations for the past two years
- From 2014 to 2016, collected feedback from 850 people through:
- 12 public meetings, 14 stakeholder meetings and online survey
- In April 2017, conducted additional consultation and reached 390 people through:
- Two public meetings and five meetings with stakeholders including BIAs, TABIA, accessibility advocates and design professionals
Proposed Sidewalk Cafe Bylaw
- Harmonizes existing bylaws and establishes consistent regulations to provide clarity. Increase opportunity for local business and provide safe and accessible sidewalks for pedestrians
Statistics
- 698 licensed sidewalk cafes/patios
- 226 licensed marketing displays
- 65 per cent of sidewalk, cafes and marketing displays located outside the downtown core
New café options for business owners
- small frontage café (no permit or fee)
- curbside standing café (no permit or fee)
- frontage and curbside split café
- parklet café
- curbside and parklet café combination
- extended frontage, curbside or parklet café
- temporary year-round café enclosures
- retractable café
Sidewalk Marketing Displays (display of goods being sold)
- Small displays will be allowed with no permit or fee
- New regulations to de-clutter sidewalks
- No overnight storage on public sidewalks on main roads
- Setting a maximum height for the display of goods for sale
- No more temporary marketing enclosures, with roof and walls
Public Parklets for Business Improvement Associations
- Uses permanent parking space as public space
- Can be sponsored and maintained by BIA or other organization
Accessibility
- Minimum 2.1 metre pedestrian clearway for arterial and collector roads, allowing two people using assistive devices to pass each other
- Accessible one-metre wide entrances
- Cafes require white cane-detectable fencing or planters for the visually-impaired on arterial and collector streets
Application and Review Process
- New standards for applications to ensure proper submissions and expedite review of applications
- Delegate authority to staff to issue permit
- Community Council had to approve in former cities of Etobicoke and North York
- Delegate authority to General Manager, Transportation to review appeals of pedestrian clearway requirements and appeals related to parklets
- Updated community engagement process for new café applications including:
- Increased notice period from 14 to 21 days
- Notification to be provided to BIA, registered resident association and local Councillor
- Notice of application for cafes on local roads will be provided to residents living within 60-metre radius of proposed café with email/mailing address for comments or objections
- Must be more than one objection from the public to application before refusal
- Objection from councillor triggers a refusal of the application
New Regulations for Sidewalk Cafes
- All permit holders must display permit in window
- Fencing requirements dependent on street type
- Arterial and collectors: provide fencing or cane-detectable planters
- Local roads: no fence required, cane-detectable planters or elements at end of each patio
- Small frontage café: not required to provide fence
- Sidewalk cafés must be accessible and comply with pedestrian clearway requirements when a new owner takes over, or by 2025, whichever comes first
- Increase separation between café permit area and residential area from 25 to 30 metre distance for new permits
- Sidewalk café elements must be removed between November 15 and April 14 to coincide with snow removal
Fees
- One-time application fee of $1,131.80
- One-time tree planting fee of $1,300.00 – installation of two trees either at café location or nearby
- Fee not required if there is no available space to plant a tree, a tree is already there, or application is for a parklet
- Yearly permit fees, separated into two fee zones, to be phased-in over 10 years with capped inflation
- Central Zone: comparable to downtown area
- Outer Zone: remainder of city
| Fee Zone |
Sidewalk Café
($/m2) |
Marketing Display
($/m2) |
Year-round Enclosed Café
($/m2) |
Parklet Café
($/month) |
| |
|
|
|
|
| Central Zone |
$88.31 |
$62.65 |
$133.00 |
$935 |
| Outer Zone |
$44.14 |
$38.12 |
$66.50 |
$596 |
- Parklet fees are based on the average size of a parking spot
- Average total fee for sidewalk café is $2,560 in Central Zone; $1,280 in Outer Zone
- Average total fee for marketing display is $1,130 in Central Zone; $690 in Outer Zone
- Fee decreases for existing permit holders at first permit renewal past May 1, 2018
Enforcement
- New enforcement tools include the ability to:
- seize and remove goods
- amend, suspend or cancel permits when required
- cancel permit if fees not paid 90 days after expiry date, permit was obtained through false information or permit poses risk to public safety
- Higher maximum fines
- New set fines
Implementation of New Bylaw
- Bylaw to go into effect on May 1, 2018
- All existing permit holders will be required to comply with the pedestrian clearway standards, fencing and accessibility requirements when the permit is transferred to a new owner or by the permit renewal date in 2025
- Design support and funds will be available to help existing permit holders on main streets to comply with the new bylaw
- Funds to be used to help relocate or modify elements such as relocation of bike rings or resizing garbage/recycling bins
- Staff will report back to Public Works & Infrastructure Committee and Licensing & Standards Committee by the end of 2020
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Media contact: Tammy Robbinson, Strategic Communications, 416-338-3761, tammy.robbinson@toronto.ca
