2023 Patio Guide

Seasonal Patio Guide

2022

“

Laughter is brightest in the place where food is good.

— Irish Proverb 2

”

Contents Outdoor Patio Program

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Seasonal Patio

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Permit Requirements

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Application Requirements Seasonal Patio Requirements Cafe or Bistro on Sidewalk

8 To be updated once all copy and design is complete

9 10

On Street & Constructed Patio Requirements

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Data Portal

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Contact

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Outdoor Patio Program Direction and Updates 2022 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.

What’s new No application fees Additional accessibility requirements License of Occupation and Permit last for 3 years

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Seasonal Patio 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.

On-Street Seasonal Patio

Constructed Seasonal Patio

Cafe or Bistro

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.

A Place to Gather As the weather warms Seasonal Patios will entice individuals, groups, and parties to come and enjoy time together over good food and cold drinks.

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A Permit is Required Before the construction and operation a Seasonal Infrastructure and roads pave the of way for economic growth Patio, a Permit must be issued by the City of Cranbrook Engineering and Development Services Department.

How much will it cost?

Do I need an Inspection?

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.

Once a completed Seasonal Patio Permit Application has been submitted, with ALL required documents, it will go through a review process.

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!

Instances an on-site Inspection, by a City Building Inspector, is required prior to occupancy approval are: •

Patio is located On-Street

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Construction of Infrastructure

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Change in approved plan/layout

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Alterations to existing plans or drawings

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Why? 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?

What if I don’t like those options?

Can I cook outside?

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On the Sidewalk in front of your business or establishment

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Build a Rooftop Patio!!!

They’re great

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In the lines of up to 3 Parallel or 5 Angled Parking Spaces

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Look for ways to improve aesthetics

Cooking or barbecuing on a Seasonal Patio is a possibility! To be able to provide such an experience you will need to:

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In front of an adjacent business, with permission!

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Find ways to love your space

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In front of an adjacent Vacant Building, no permission needed!

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Get written consent from neighboring businesses

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Ensure Interior Health and the Liquor and Cannabis Licensing Branch approves

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Address enhanced Fire Safety requirements

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Get permit approval from City Council

Application Requirements 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 6. Scaled site plan showing the Seasonal Patio Permit application proposed Seasonal Patio that form, available at the Engineering includes: and Development Services • all existing buildings and Department and the City of structures on private & adjacent Cranbrook Website. property, 2. Current Land Title search for the • location of the proposed patio business premises. and required Sidewalk clearance, 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.

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business entrances,

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curbs, parking spaces, catch basins, & intersections, and

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a dimensioned floor plan detailing elevation, proposed platforms, railings, entrances

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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.

Seasonal Patio Requirements 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.

8. Patio service must end, and all customers vacated, at the close of operations each day.

5. On-Street and Constructed Patios will need to be enclosed within a visible perimeter.

9. No third party signage or advertising shall be displayed on infrastructure associated with the Seasonal Patio. Signage of the parent business is permitted.

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.

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10. Seasonal Patios and their use must comply with all applicable municipal, provincial and federal enactments.

Café or Bistro on Sidewalk Small sidewalk patios are located directly against the business property, either in the front or on the side where there is suitable public space.

Description

Clearance & furniture

Lighting

1.

1.

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.

Covering 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.

Heating 1.

Stand-alone Heaters are NOT permitted.

2. Any hardwired or plumbed gas heaters require additional applications and permits for approval.

Awnings are permitted when in compliance with all BCBC regulations.

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.

Safety 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.

2. Tents are NOT permitted on sidewalks.

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On-street & Constructed Patio Requirements Constructed patios are On-street patios are fully Description built decks or structures detached from the building 1. The Patio design will fit within up to 3 parallel parking spaces or 5 that provide a designated and occupy on-street angled on-street parking spaces. space for food and beverage parking spaces and can be 2. The removal or re-allocation of a service. These patios may Constructed or directly on handicapped accessible parking stall will remain at the be on-street in parking the pavement. These patios discretion of City staff. spaces. These patios can may be in front of, or on 3. Fences, barriers, guardrails, or also take up a portion of the side of, the ground floor railings a maximum height of 1.0 meter from the top of the Sidewalk, providing that business and can only be curb are required to be located clearance requirements placed in parking spaces as between the Seasonal Patio seating area and any vehicular for active transportation outlined within the permit traffic. are met. Additionally application and Licence of 4. Liquor service must comply with freestanding decking Occupation. all Liquor and Cannabis Control Regulation Branch requirements. can also be used as a 5. Furniture may be stored walkway to meet clearance overnight within the defined area requirements. of the Seasonal Patio.

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Accessibility

Clearance

1. Access to the patio area shall be barrier free and accessible to people of all abilities.

1. A minimum width of 1.5 meters 5. Where two exits are required, clearance for Sidewalk or they are not to be located within walkway for active transportation 9 meters of each other. must be maintained.

6. Fences, barriers, guardrails, and/ 2. Ramps are required to transition or railings must include reflectors from the sidewalk curb to the for visibility. adjacent surface and shall be no 7. All exterior built fences, barriers, less than 1.5 meters in width, with guardrails, and/or railing walls will a running slope no more than 1 utilize concrete barriers/blocks. in 10, flared sides, slip-resistant and, a level area of 1.5 meters by 8. On-Street & Constructed Seasonal Patios must not impede 1.5 meters at the top and bottom or block the function of City of the ramp. infrastructure such as catch 3. A gate with a minimum clear basins, water valves, shallow opening of 0.8 meters shall swing utilities, etc. in the direction of exit travel.

9. Constructed Seasonal Patios and 4. Two exits are required when walkways must be constructed the travel distance to one exit to be a freestanding deck and exceeds 15 meters, the area not anchored to the roadway or of the seasonal outdoor patio Sidewalk. exceeds 150m² or the allowable occupant load exceeds 60 persons.

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.

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Furniture

Coverings

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.

1. Tents and Umbrellas are permitted.

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.

7. Must be secured with sufficient weights/concrete blocks/ sandbags to prevent shifting or 2. Must sit within the footprint of blowing away (do not connect the patio and cannot extend over directly to the sidewalk or on to the sidewalk or highway. street).

3. Must be at least 1 meter away 8. Ensure any snow is brushed off from an adjacent building (fire and excess water drained. clearance requirements).

9. Umbrellas must be secured 4. Must not obstruct exits or for safe storage at the end of restrict movement between buildings and sidewalks.

5. Must not be attached to railings.

6. Must not obstruct fire department connections.

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Heating

Lighting

1. Stand-alone Heaters permitted.

1. Stand-alone battery powered or solar garden lights or an equivalent are 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.

Safety

1. Any cords or cables on the ground must be covered and protected to reduce the risk of injury, for example: Protective 2. String Lights are permitted and Wireway. must be designed for outdoor use only.

2. Any cords or cables suspended above the ground must be 3. Outdoor/Exterior lighting secured so as not to obstruct must comply with all BCBC exits or restrict movement regulations. between the buildings and sidewalks.

3. Patio surfaces must be flush at the point at which it joins the existing curb and Sidewalk.

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.

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