City to ease rules for more eatery patios
Hamilton eateries that have been barred from setting up patios can now look forward to serving customers al fresco during the pandemic.
Council directed staff to prepare a temporary use bylaw Tuesday to allow restaurants excluded from offering outdoor venues because they abutted residential properties.
City politicians were responding to pressure from restaurateurs who complained about being excluded from an initial effort to create temporary patios on sidewalks and parking lots during the pandemic.
“At that time, I think all of us knew that there would be winners and there would be losers, but those losers weren’t established by design,” Coun. Sam Merulla said while introducing his motion to bring more eateries into the patio fold.
Merulla said the city’s zoning bylaw was beholden to provincial regulations, but staff have been “truly creative” in working out a local solution.
His motion, passed during a special council meeting, will ease the rules until Dec. 31. Patios still must be at least five metres away from a residential parcel and can’t block driveways, parking aisles or fire routes.
Planning staff still have to draft the temporary use bylaw, which requires final approval at council in late August. In the meantime, municipal law enforcement will stop holding eatery operators with makeshift patios to the regular zoning bylaw. But those excluded from setting up patios so far must still apply for the new exemption via the city’s website.
As of Tuesday, the city had received 117 temporary patio applications, 80 of which received the green light, noted Jason Thorne, general manager of planning and economic development. Of those, 10 had been denied for abutting residential properties, but Thorne expected they would be approved under the new mechanism should the applicants give it another shot.
Coun. Chad Collins said he worried that some “bad apples” might take advantage of the relaxed rules and pester neighbours with loud noise or unsocially distanced patrons.
Noise, property and public health regulations are still enforced to deal with those problems. Bylaw officers take a “progressive enforcement” approach, seeking compliance from operators before laying charges, said licensing manager Monica Ciriello.