RESOURCE SHEET - July 10 2020

PRIVATE OUTDOOR REAR-YARD PATIOS IN TORONTO

Rear-lot patios are a go in Toronto! Use our free resource to find out how to plan and implement a new legal patio behind your business.

On July 9, 2020, the Province of Ontario issued a Ministerial Zoning Order (MZO) to allow for expanded patios on private property until November 16. These are now permitted on Commercial Residential Zone and Commercial Residential Employment Zone lots as part of the #CafeTO program (see the Patios on Private Property tab), subject to the parameters contained in the Ministerial Zoning Order (see MZO Summary below) and Zoning Bylaw 569-2013 (see Zoning Bylaw Summary below).

 
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MZO SUMMARY FOR PRIVATE OUTDOOR PATIOS

Permission for outdoor patio
3. If an eating establishment is permitted on a lot by a zoning by-law, an outdoor patio may be used in combination with the eating establishment.

Zoning requirements
4. The following are the zoning requirements for the use permitted in item 3 above:

a. The outdoor patio must be located on the same lot as the eating establishment with which it is associated.

b. No portion of the outdoor patio may be located,
i. in a residential zone, or
ii. within 30 metres of a residential zone.

c. No portion of the outdoor patio may be located above the first storey of a building.

d. The permitted maximum area of an outdoor patio is the greater of,
i. 50 square metres, or
ii. 50 per cent of the interior floor area of the eating establishment with which the outdoor patio is combined.

e. The outdoor patio may occupy the area of one or more surface parking spaces unless the parking space is,
i. a required accessible parking space, or
ii. a parking space required by the zoning by-law for a residential use.

f. The outdoor patio may occupy the area of a portion of the drive aisle that is adjacent to a parking space mentioned in paragraph e if the sole purpose of the drive aisle is to provide access to the parking space.

g. A parking space mentioned in paragraph e that is occupied by an outdoor patio shall continue to satisfy any requirement for parking spaces in the zoning by-law.

Revocation
7. This Regulation is revoked on 16 November 2020

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ZONING BYLAW SUMMARY FOR PRIVATE OUTDOOR PATIOS

Commercial Local (CL) Zone:
Outdoor patios are not permitted.

Commercial Residential (CR) and Commercial Residential Employment (CRE) Zones:
Outdoor patios are permitted, subject to these parameters:

  • An outdoor patio in the rear yard of a lot which abuts a lot in the Residential (R) Zone category or Residential Apartment (RA) Zone category must be set back at least 30m from that lot;

  • If it is on a platform that is attached to or no more than 30cm from a building, an outdoor patio in the rear yard of a lot which does not abut a lot in the R Zone category or RA Zone category:

    • For CR lots: must be set back at least 1.5m from the centreline of the laneway (i.e. 50% of the required minimum building setback of 3.0m from the centreline), but may not be closer than 30cm to the lot line; or

    • For CRE lots: must be set back at least 5.0m from the centreline of the laneway (i.e. 2.5m less than the required minimum building setback of 7.5m from the centreline), but may not be closer than 30cm to the lot line;

  • An outdoor patio in the rear yard of a lot which abuts a lot in the R Zone category or RA Zone category must have a fence installed along the portion of the outdoor patio parallel to the rear lot line;

  • An outdoor rear-yard patio must not cover or block a parking space required by the Zoning Bylaw, block a loading space or impede loading access to the property.

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RECOMMENDED PLANNING AND LICENSING PROCESS

  1. Check the zoning of your neighbouring lots on our Toronto Laneway Map; zoom to your lot, open the layer menu on the left, click on the Zoning Categories checkbox, and click on the lots.

  2. Check the parking space requirements for your lot, based on its primary use.

  3. Measure your rear-yard space to check whether you have sufficient space for the required setback based on the zoning of neighbouring lots, all required parking spaces based on your lot’s primary use, and your patio.

  4. If your lot is eligible for a private outdoor rear-yard patio and has sufficient space, contact your BIA to let them know and ask about any special local parameters in place (beyond the Zoning parameters, and related to space, construction, patio hours etc.). If these are not yet in place, work with your BIA and your neighbours to come to an agreement.

  5. Apply for a patio permit from MLS.

  6. Let us know about your new laneway patio via email or by tagging @LanewayProject on Twitter, Facebook, and Instagram. We’ll be happy to share the exciting news with our community, and may even pop by for a visit.