Patio Permits on Public Land

Description

A bistro patio is a simple, unenclosed patio consisting only of a few tables and chairs. It is located on the sidewalk along the frontage of the business. 

Location

On the sidewalk along the frontage of the restaurant/café. The width of the sidewalk must be sufficient to accommodate a small amount of seating, while maintaining an accessible and clear path for pedestrians.

Size and alignment

• Limited to the width of the frontage of your business.
• Must maintain a minimum 1.8 metre pedestrian clear path of travel, including offsets from streetscape elements such as fire hydrants and waste receptacles

Perimeter treatment

No enclosure is required. However, patio furniture must remain within the approved area.

Additional considerations

All tables, chairs, and umbrellas must be removed from the sidewalk at the end of each business day and may only be placed on the sidewalk at the start of your business hours.

Description

This type of patio is larger than a bistro patio and has a stable enclosure that delineates the patio area from the streetscape.

It may consist of railings, tables, chairs, umbrellas, host stands, plants, solar lights, and/or other patio furnishings.

Location

On the sidewalk along the frontage of the business or on the boulevard along the roadway in line with the frontage of the business. 

The width of the sidewalk and/or boulevard must be able to accommodate the enclosed patio area, without conflicting with streetscape elements and while maintaining an accessible and clear path for pedestrians

Size and alignment

• Limited to the width of the frontage of your business.
• Must maintain a minimum 1.8 metre pedestrian clear path of travel, including offsets from streetscape elements such as fire hydrants and waste receptacles.
• Must retain unobstructed access to the building and adjacent establishments.
• Align the patio entrance with the main entrance of your business where possible.

Perimeter treatment

Enclosed by a stable, secure enclosure that delineates the patio area from the streetscape.

Additional considerations

• A platform may be used to provide a level patio surface where a slope is present, subject to additional requirements and approvals. A raised platform patio will not be allowed on a flat surface in the sidewalk or boulevard. 
• Patios near corners and intersections may have additional requirements to ensure the increased activity will not interfere with pedestrian flow and safety.

Description

An on-street patio is a patio located in an on-street parking space or spaces. 

It is required to have an enclosure and may consist of railings, tables, chairs, umbrellas, host stands, solar lights, plants, and/or other patio furnishings. A platform at-grade with the curb is required. Patios that extend from the on-street parking space on the boulevard/sidewalk are permitted where space allows. 

Location

On-street parking spaces within a parking lay-by or parking lane where the width of the sidewalk may be limited and on-street parking is available adjacent to the curb.

Size and alignment

• The patio must occupy a minimum of one and maximum of two parking spaces. Half spaces may be considered where they can be shared with a neighbouring patio. 
• The edge of patio area must be setback a minimum of 30 cm from the inside edge of the painted lines of abutting parking stalls and drive aisle.
• The adjacent sidewalk space must be maintained, with a minimum 1.8 metre pedestrian clear path of travel located between the on-street patio and surrounding buildings.
• The patio may be extended onto the sidewalk to create a larger patio area if the minimum 1.8 metre pedestrian clear path of travel can be maintained.
• The patio area may be extended beyond the width of the frontage of your business without permission from adjacent establishments if the patio is contained within the on-street parking spaces. 
• The patio area may be extended beyond the width of the frontage of your business with staff approval, if the patio is contained within on-street parking spaces. Staff will consider the impact on neighbouring businesses when evaluating these requests.

Perimeter treatment

On-street patios must be fully enclosed on all exposed sides. Open sides are not permitted. 

• Enclosures may consist of solid panels, guardstyle railings, or other rigid construction that provides a continuous physical barrier. Horizontal-only railings, rope, cable, chain, or similar flexible or decorative barriers are not permitted as the primary enclosure. 
• All enclosure components must be securely affixed to the patio platform and to each other to ensure stability and security. 
• Openings within railings or enclosure elements shall be designed to maintain safety and containment, with spacing that does not permit the passage of a 100 milimetre (3.9 inch) diameter sphere, consistent with standard patio and fencing practices. 
• The recommended minimum height for an enclosure is 42 inches, or 1.1 metres.

Additional considerations

Platforms are required to create a flush condition with the boulevard for accessibility. Platforms remain the responsibility of the patio operator to provide to the satisfaction of the town.

Additional safety equipment (such as planter boxes) may be required depending on the location of the on-street patios at the discretion of the town. Participants will be advised if additional safety equipment is required in their location. 

Patios will not be permitted in EV charging, accessible, quick stop or loading spaces.

Use of parking spaces is not guaranteed until an application is approved and the agreement executed. There is a parking space rental fee of $600.03 (including HST) per space for the 2026 patio season. 

Alternate configurations

Additional configurations for patios could be considered in special circumstances where unique streetscape challenges or roadway configurations exist. 

The consideration and approval of these patios will be at the sole discretion of the Town of Oakville.

Patio placement

• Patio must align with frontage of business.
• For on-street patios: minimum of one and maximum of two spaces per restaurant and tied to premises frontage length.

Encroachments

• No encroachment into the pedestrian clearway/clear path of travel is permitted.
• This includes patio enclosures, décor, furniture, umbrellas, signage, etc.

Street furnishings

• No removal, blockage or relocation of street furnishings is permitted.
• This includes bike racks, benches, pay and display machines, garbage cans etc.

On-street parking space use

• Maximum of two spaces per business, where space permits and tied to premises frontage length.
• User fee applied. Cannot use EV charging, accessible, quick stop or loading spaces.

Platforms

• Required for all on-street patios.
• Participants to provide and maintain at own cost.

Safety equipment (such as barriers)

• May be required in certain instances.

General

• The Seasonal Commercial Patio Program runs from May 1 to November 1 each year. 
• Alternative enclosures such as stanchions, planter boxes and fence base plates are encouraged.
• Patio furnishings and materials can not interfere with the visibility of adjacent businesses. 
• All objects associated with the patio must be contained within the approved patio area and must not interfere with the adjacent pedestrian clear path of travel or vehicle travel lane.
• Careful attention to storage (after hours) and installation is recommended.

Patio location must be returned to its original condition

• Patios must be removed during the off-season. Removal of the patio is the responsibility of the applicant. 
• The applicant/permit holder must not affix, anchor, drill or do anything that damages municipal property/lands when securing platforms, railing, enclosures, furnishings, etc. 
• The location must be returned to its original condition.

Hours of operation

The patio permit shall not be used earlier than 7 a.m. nor later than 11 p.m. other than for special events where a separate event permit has been issued by the Town of Oakville.

Patio maintenance expectations

The following items are expected by all patio program participants:

• Each patio operator is responsible for the cleaning of the patio area immediately after removal in order to return it to its original clean state.
• Patios are to be well maintained and kept in good working order and safe condition
• Each patio is responsible for maintaining their own furniture and equipment.
• Each patio is responsible for their own garbage. Town of Oakville garbage receptacles are not to be used for the patios.
• Patios are to be operated and maintained in accordance with Provincial and Public Health requirements.

Failure to comply with any of these requirements could result in the loss of the patio permit for the season. Non-compliance work performed by the Town will be subject to cost recovery plus a 15 per cent administration fee.

Accessibility and clear path of travel

All patios must maintain minimum Accessibility for Ontarians with Disabilities Act (AODA) accessibility requirements that include providing an unobstructed sidewalk clearance zone, known as the ‘clear path of travel’. Specific criteria are highlighted below:

• Minimum 1.8 metre clear path of travel.
• Unobstructed access: ensure no obstructions are located within the clear path of travel such as street furniture, tree, signage, bus shelter, garbage receptacle and other physical obstructions.
• Patios cannot block pedestrian access along a street, walkway connection or entrance.
• No power cords, cables or wires are be permitted.

The minimum Clear Path of Travel may be further amended during the season should the Province of Ontario alter its AODA recommendations, and the Town of Oakville reserves the right to cancel the patio agreement for any location that is unable to meet the AODA recommendations as amended.

Signage

Participants must abide by the town’s Sign By-law. 

Advertising devices and signage are not permitted on patio railings/enclosures. A-frame signs may be permitted with the appropriate permit issued by the town. 

In all cases, signage should not obstruct the clear path of travel and access to building or patio entrances. Third-party advertisements are not permitted on any furnishings or materials within the patio area.

Umbrellas

Umbrellas are encouraged within the patio subject to following criteria: 

• Must be located within the patio area and not overhang on the roadway or block pedestrian traffic on the sidewalk.
• Not permitted along street or in any right of way. 
• Umbrellas must be secured to a substantial anchor/umbrella base. 

Landscaping

Landscaping of patios is encouraged and must be of a temporary design. Landscaping material may include planters, hanging baskets, etc. 

Materials over railings/enclosures must be contained within the patio area and shall not extend into the clear path of travel or roadway.

Noise and lighting

Moderate levels of outdoor music (max 50 dBA) will be permitted on patios in the Bronte Village, Downtown Oakville and Kerr Village business improvement areas (BIAs) until 10 p.m. daily. 

Patios located within mixed-use and commercial areas outside of the BIAs will be permitted to have moderate levels of outdoor music until 7 p.m. A moderate level of outdoor music is defined as not exceeding 50 dBA at any Point of Reception on a residential property where sound is received.

The only lights permitted on the patio are solar powered lights and such lights shall not be attached to the street furnishings, trees or other municipal property.

Setbacks

In some instances a setback may be required including:

•    A 0.5 metre setback from on-street parking space to allow access.

Sight lines

Patios are not to be located within a driveway or roadway daylight corner measured three metres by three metres from the sidewalk intersection.

Seating

Accessible seating is encouraged. Tables should be accessible using mobility aids by having a knee and toe clearance under the table.

Access

For safety and accessibility reasons, a patio must not block any access to a fire department connection, town sewer, gas valve or meter, building entrance (or exit), town street furniture (such as garbage container, public bench, bus shelter, bike rack) or other sidewalk access. 

Patio tables, chairs, and other amenities must not block the clear path of travel or access to building entrances.

Tents

Tents and fixed overhead canopies are not permitted as part of the Seasonal Commercial Patio Program.

Heating devices

Portable heating devices may be permitted on outdoor patios provided that town staff have approved the devices prior to installation and use. Heaters may be subject to inspection by the Oakville Fire Department to ensure safety. 

For more information on patio heater safety, please review the TSSA Patio Heater Safety Guidelines and the Patio Heaters Safety Checklist for Restaurant Owners/Operators.