Seasonal Patio Guide
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“
” Laughter is brightest in the place where food is good.
— Irish Proverb
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“
” Laughter is brightest in the place where food is good.
— Irish Proverb
Patio permits are available for restaurants, cafes, breweries, distilleries, pubs, and bars. City staff will work closely with businesses to provide the service and education required for a successful application process.
Due to the success of the Outdoor Patio Program, Council adopted a new Downtown Seasonal Patio Bylaw in March 2022 to continually support and encourage local businesses. Increasing the vibrancy of the downtown core will draw people seeking an outdoor dining experience to the heart of our community.
Additional accessibility requirements
License of Occupation and Permit last for 3 years
A temporary outdoor patio space located on City sidewalk, or portion of highway, utilized by an establishment, for the purpose of serving food and beverages in an outdoor setting.
A Seasonal Patio located on a portion of highway, including OnStreet Parking spaces, with plans that are subject to review, inspections, and approval by a city building inspector.
A constructed patio deck used as a Seasonal Patio, with plans and structure that are subject to review, inspections, and approval by a city building inspector.
A small Seasonal Patio located directly against the business property, either in front or on the side where there is suitable public space. Small patios are not enclosed by railings and furniture is removed at the end of each business day.
As the weather warms Seasonal Patios will entice individuals, groups, and parties to come and enjoy time together over good food and cold drinks.
Before the construction and operation of a Seasonal Patio, a Permit must be issued by the City of Cranbrook Engineering and Development Services Department.
and roads pave the way for economic growth
How much will it cost?
All costs associated with the installation, maintenance, and removal of the Seasonal Patio are the responsibility of the individual, or company, designated on the Licence of Occupation.
There is a refundable $500 Security Deposit required for all Seasonal Patios where infrastructure stays in place overnight. In an effort to support businesses and the continued revitalization efforts for the Downtown core there are no other fees at this time!
Do I need an Inspection?
Once a completed Seasonal Patio Permit Application has been submitted, with ALL required documents, it will go through a review process.
Instances an on-site Inspection, by a City Building Inspector, is required prior to occupancy approval are:
• Patio is located On-Street
• Construction of Infrastructure
• Change in approved plan/layout
• Alterations to existing plans or drawings
The required inspection of the patio by the City’s Building Inspector is to ensure the patio structure is built to current BC Building Code (BCBC) requirements. The BCBC is a provincial regulation that outlines the standard that new construction, alterations, repairs and demolitions must meet. It sets the minimum requirements for safety, health, accessibility, fire and structural protection. The inspection will only be for the patio; however, the seating capacity of the patio may be impacted by your washroom capacity
Where can I put a Seasonal Patio?
• On the Sidewalk in front of your business or establishment
• In the lines of up to 3 Parallel or 5 Angled Parking Spaces
• In front of an adjacent business, with permission!
• In front of an adjacent Vacant Building, no permission needed!
What if I don’t like those options?
• Build a Rooftop Patio!!! They’re great
• Look for ways to improve aesthetics
• Find ways to love your space
Can I cook outside?
Cooking or barbecuing on a Seasonal Patio is a possibility! To be able to provide such an experience you will need to:
• Get written consent from neighboring businesses
• Ensure Interior Health and the Liquor and Cannabis Licensing Branch approves
• Address enhanced Fire Safety requirements
• Get permit approval from City Council
Prior to constructing or operating a Seasonal Patio on City land, an Owner or an occupant must apply to the City for a Permit and must submit the following:
1. A completed Downtown Seasonal Patio Permit application form, available at the Engineering and Development Services Department and the City of Cranbrook Website.
2. Current Land Title search for the business premises.
3. Building owner approval if submission is from an occupying business.
4. Liquor or Food Primary License.
5. Proof of Insurance with City of Cranbrook as third party insured.
6. Scaled site plan showing the proposed Seasonal Patio that includes:
• all existing buildings and structures on private & adjacent property,
• location of the proposed patio and required Sidewalk clearance,
• business entrances,
• curbs, parking spaces, catch basins, & intersections, and
• a dimensioned floor plan detailing elevation, proposed platforms, railings, entrances
and exits, accessibility requirements, patron capacity, and the proposed Patio Design of the layout of tables, chairs, umbrellas, bussing stations, planters, and any other fixtures.
7. Council approval, if required.
8. Payment of a $500.00 per permit application Security Deposit.
9. Signed Licence of Occupation.
The following specifications and conditions apply to all Seasonal Patios:
1. A Seasonal Patio Permit for an on-street patio is valid from May 1 to October 31 while the Licence of Occupation is current.
2. Seasonal Patios, on City owned land, are only permitted in commercially zoned areas in the downtown core.
3. On-Street and Constructed Patios need to be taken down, and removed from City land within a week of the end of the season.
4. There needs to be enough space on sidewalks for active transportation.
5. On-Street and Constructed Patios will need to be enclosed within a visible perimeter.
6. Liquor service on Seasonal Patios must comply with the requirements set out by the Liquor and Cannabis Regulation Branch.
7. The patio must be accessible by patrons with unique mobility needs.
8. Patio service must end, and all customers vacated, at the close of operations each day.
9. No third party signage or advertising shall be displayed on infrastructure associated with the Seasonal Patio. Signage of the parent business is permitted.
10. Seasonal Patios and their use must comply with all applicable municipal, provincial and federal enactments.
Small sidewalk patios are located directly against the business property, either in the front or on the side where there is suitable public space.
1. Small sidewalk patios do not need railings.
2. Liquor service must comply with all Liquor and Cannabis Control Regulation Branch requirements.
3. Furniture must be removed at the close of each day.
4. Table and seating options must be available to accommodate people of all abilities.
5. Small sidewalk patios do not allow an increase of occupant load above 10 seats.
1. Awnings are permitted when in compliance with all BCBC regulations.
2. Tents are NOT permitted on sidewalks.
1. Tables and chairs are located within 1.0 meter of the property line or on an approved portion of sidewalk.
2. A minimum width of 1.5 meters clearance for Sidewalk or active transportation path must be maintained.
1. Stand-alone Heaters are NOT permitted.
2. Any hardwired or plumbed gas heaters require additional applications and permits for approval.
1. String Lights are permitted and must be designed for outdoor use only.
2. Stand-alone battery powered or solar garden lights or an equivalent are permitted.
3. Hardwired Outdoor/Exterior lighting must be in compliance with all BCBC regulations.
1. Any cords or cables on the ground must be covered and protected to reduce the risk of injury, for example: Protective Wireway.
2. Any cords or cables suspended above the ground must be secured so as not to obstruct exits or restrict movement between buildings and sidewalks.
Constructed patios are built decks or structures that provide a designated space for food and beverage service. These patios may be on-street in parking spaces. These patios can also take up a portion of Sidewalk, providing that clearance requirements for active transportation are met. Additionally freestanding decking can also be used as a walkway to meet clearance requirements.
On-street patios are fully detached from the building and occupy on-street parking spaces and can be Constructed or directly on the pavement. These patios may be in front of, or on the side of, the ground floor business and can only be placed in parking spaces as outlined within the permit application and Licence of Occupation.
1. The Patio design will fit within up to 3 parallel parking spaces or 5 angled on-street parking spaces.
2. The removal or re-allocation of a handicapped accessible parking stall will remain at the discretion of City staff.
3. Fences, barriers, guardrails, or railings a maximum height of 1.0 meter from the top of the curb are required to be located between the Seasonal Patio seating area and any vehicular traffic.
4. Liquor service must comply with all Liquor and Cannabis Control Regulation Branch requirements.
5. Furniture may be stored overnight within the defined area of the Seasonal Patio.
1. Access to the patio area shall be barrier free and accessible to people of all abilities.
2. Table and seating options must be available to accommodate people of all abilities.
3. Seating capacity of the patio will remain within the regulations set out by Liquor and Cannabis Regulation Branch and the facility washroom capacity.
1. A minimum width of 1.5 meters clearance for Sidewalk or walkway for active transportation must be maintained.
2. Ramps are required to transition from the sidewalk curb to the adjacent surface and shall be no less than 1.5 meters in width, with a running slope no more than 1 in 10, flared sides, slip-resistant and, a level area of 1.5 meters by 1.5 meters at the top and bottom of the ramp.
3. A gate with a minimum clear opening of 0.8 meters shall swing in the direction of exit travel.
4. Two exits are required when the travel distance to one exit exceeds 15 meters, the area of the seasonal outdoor patio exceeds 150m² or the allowable occupant load exceeds 60 persons.
5. Where two exits are required, they are not to be located within 9 meters of each other.
6. Fences, barriers, guardrails, and/ or railings must include reflectors for visibility.
7. All exterior built fences, barriers, guardrails, and/or railing walls will utilize concrete barriers/blocks.
8. On-Street & Constructed Seasonal Patios must not impede or block the function of City infrastructure such as catch basins, water valves, shallow utilities, etc.
9. Constructed Seasonal Patios and walkways must be constructed to be a freestanding deck and not anchored to the roadway or Sidewalk.
1. Any and all accessories to be used by the Permit holder, including landscaping, planter boxes, umbrellas, tables, and chairs, must be contained within the defined area of the Seasonal Patio.
2. Materials and accessories shall be durable and of commercial grade, or of similar quality to accommodate outdoor commercial use.
3. Unsightly Seasonal Patio infrastructure and accessories are subject to removal or replacement upon notice by the City.
1. Tents and Umbrellas are permitted.
2. Must sit within the footprint of the patio and cannot extend over on to the sidewalk or highway.
3. Must be at least 1 meter away from an adjacent building (fire clearance requirements).
4. Must not obstruct exits or restrict movement between buildings and sidewalks.
5. Must not be attached to railings.
6. Must not obstruct fire department connections.
7. Must be secured with sufficient weights/concrete blocks/ sandbags to prevent shifting or blowing away (do not connect directly to the sidewalk or street).
8. Ensure any snow is brushed off and excess water drained.
9. Umbrellas must be secured for safe storage at the end of
1. Stand-alone Heaters permitted.
2. Must be CSA/ULC listed and be designed for outdoor use only.
3. Must be secured for safe storage daily at the close of each business day and comply with the BC Gas Safety Regulation.
4. Must be freestanding and be placed on a non-combustible, solid surface that is not the tabletop.
5. Not permitted to be placed under any patio coverings, under fire escapes, within means of egress or adjacent to an exit, not attached to trees, utilities, or other street elements, and must not be adjacent to, or obstruct fire fighting equipment.
1. Stand-alone battery powered or solar garden lights or an equivalent are permitted.
2. String Lights are permitted and must be designed for outdoor use only.
3. Outdoor/Exterior lighting must comply with all BCBC regulations.
1. Any cords or cables on the ground must be covered and protected to reduce the risk of injury, for example: Protective Wireway.
2. Any cords or cables suspended above the ground must be secured so as not to obstruct exits or restrict movement between the buildings and sidewalks.
3. Patio surfaces must be flush at the point at which it joins the existing curb and Sidewalk.
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