We will no longer be supporting IE7 and below as a web browser effective June 1st 2020. Click here for more information.

Sign In

Midland logo

Skip Navigation Links2020-Outdoor-Patio-Program 2020 Outdoor Patio Program
Skip Navigation LinksMidland > 2020 Outdoor Patio Program

​​​​

​Purpose​

To support local businesses during the COVID-19 pandemic, The Town of Midland is introducing an Outdoor Patio Program for existing, legal restaurants to take advantage of warmer weather by offering outdoor dining experiences. The duration of the patio season will run until October 15, 2020.

To ease the financial burden resulting from the pandemic restrictions that have been imposed on restaurants since March 2020 by the provincial government in an effort to ensure the health and wellbeing of all Ontarians, all fees associated with encroachments, building and fire inspections have been waived.  ​

The Town will review Outdoor Patio applications and design concepts from businesses to ensure:

  • universal accessibility
  • public safety (including Fire and separation from traffic)
  • enhancement of the streetscape experience 
  • introduction of a patio does not negatively impact the streetscape but rather is a​n enhancement.  ​

All applications are required to comply with the Accessibility for Ontarians with Disabilities Act (AODA). ​

Please find outdoor patio guidelines for both Municipal and Private Properties below.

 Guidelines for Outdoor Patios on Municipal Property

Establish a Patio

The process to establish a patio consists of these steps:

a) Complete the application​ for a temporary Outdoor Patio.

b) Email the Application with the following documentation to jreichheld@midland.ca

  • Site Plan
  • Health Certificate of Inspection
  • Certificate of Insurance
  • Demonstration of an application for a Liquor License, if applicable
  • Letter from the property owner authorizing the proposed patio use
  • Copy of Current Liability Insurance
  • General Liability Insurance for $2,000,000 per occurrence with an aggregate limit of no less than $5,000,000 to the Corporation of the Town of Midland against any liability for property damage or personal injury, negligence including death which may arise from the applicants operations under this agreement. The Corporation of the Town of Midland must be included as an “Additional Named Insured". The Commercial General Liability shall contain Cross Liability and Severability Clauses and Products & Completed Operations coverage including a standard contractual liability endorsement.

c) Arrange for inspections by Town of Midland staff if applicable (MLEO, Fire, Building, etc.)​​

Patio Location Considerations

​On Street Patios

Obstructions (Waste/Recycle Bins, Parking Pay & Display, Planters, Light poles etc.)

Town staff and utility companies need space to access, repair or maintain trees/plants, fire hydrants and connections, Midland PUC elements, natural gas connections, and other street assets for residents, businesses and visitors. Town streets must serve everyone including key services such as emergency services and public transit. Street features must be able to be used for their intended purpose, accessed and maintained.

The Town and all public utility agencies retain the right of access to the approved Patio area for the installation, maintenance and repair of pipes, cables, wires, poles, hydrants, etc., as necessary. In case of emergency, no notice will be given. For scheduled work, a minimum notice of forty-eight (48) hours will normally be given.

The Town retains a right of access over, to and upon a patio for emergency vehicle access.

Waste and Storage: Patio operators shall maintain the Patio area, and the immediately adjacent area, in a clean and safe condition at all times. Refuse containers are not permitted within the Patio area but portable service carts may be used for collection and transport to the associated restaurant. The storage of waste is not permitted.​

Building-side Patio Design

Attached to the building (with the owner's consent). Patio Enclosure shall be weighted and not anchored into paving stones.​

Curb Side Patio Design

Secondary Walkways required around Patio to be 1.75m in width minimum.

Installation of patios on corner lots where sight lines may be impacted due to impaired vehicle and pedestrian sightlines may not be permitted.

Obstruction of underground utilities, drainage flows or fire department connections. Applications must be accompanied with a site plan that describes and depicts all underground and above grade utilities, drainage flows and municipal fixtures such as fire hydrants, parking meters, trees and grates, catch basins, manholes etc. Due to the circumstances, certain proposed patios may not be permitted due to required access to the utilities or their proximity. Applicants will be required to demonstrate that no municipal fixture or utility is being impacted and how the drainage flow is maintained. In the event that a fixture or utility appears to be impacted, written approval is required from the agency or department responsible for the fixture.​

Maintenance of a 1.75m sidewalk (municipal or by temporary construction) for pedestrian movement. The minimum width for the Town sidewalk sweeper to maneuver is approximately 1.5m. Therefore, all outdoor patios must maintain a sidewalk width of a minimum 1.75m. Pedestrian movement should be considered first and foremost in all designs and in order to maintain maximum widths for pedestrians in the area in order to support visitor use.​

Patio Design Details

Patios shall be comprised of structural, functional, and decorative features. To ensure public safety and general aesthetic continuity, the following design details provide the minimum requirements for various features within a patio. The Town encourages creativity and the development of unique outdoor dining spaces within the requirements provided.

The patio shall be constructed and maintained by the applicant as per the construction guidelines, and must be compliant with the Accessibility for Ontarians with Disabilities Act (AODA).

An entryway of at least 1.75m must be provided to the patio, and where possible, should be aligned with the entrance to the corresponding establishment. When entrances cannot be aligned, they should be provided in close proximity to each other to ensure ease of movement and service between the establishment and the patio.

Patio furnishings, fences and other Patio improvements must be removable and not permanently fixed in place. All objects must be contained within the approved Patio area and removed at the end of business on October 15, 2020. The street, sidewalk and municipal property (if used) must be restored to its original condition to the satisfaction of the Town.​

The design of the patio structure should not inhibit the adequate positive drainage of storm water runoff to the street.​

Patio Enclosure Fencing

Fencing of a Patio must form a fully enclosed perimeter. The fencing should appear 'open'. Fencing shall meet the requirements of the Alcohol and Gaming Commission of Ontario (AGCO), if applicable. Fencing material must be shown on the site plan. Wrought iron style is the most desirable, however given the circumstance, any barrier that safely encloses will be considered. Patio fencing must be not less than 1.07 metres in height as per AGCO regulations. The fencing cannot be anchored into the paving stones or sidewalk. The fencing must be weighted by either footplates or stable mass planter boxes. Metal foot plates shall not be designed to penetrate the surface of the sidewalks (i.e. no bolts/brackets).

Open guardrails are encouraged to reduce the risk of the patio structure moving due to high winds. Self-supporting plates that support the fence shall not have any parts that project in a way that creates a tripping hazard or extend beyond the limits of the permit area.

Fencing shall not extend past the permit area, or be attached to trees, street elements or utilities.

Fencing shall be curved or angled at street corners for unimpeded pedestrian movement and vehicle sightlines.

Minimum Clearance requirements from Patio Enclosure Limits​

  • All hydrants offset 1.5 metres
  • Gas assets or meters 0.6 metres
  • All parking pay-display units 1.0 metres
  • All bollards defining secondary walkway 1.75 metres
  • All waste receptacles 3.0 metres
  • Mid-block Pedestrian Crossings 5.0 metres centered
  • Utility vaults 1.5 metres

Electrical power cords or any devices that cross any travelled portion of the property are not permitted.

No signs or advertising within a Patio shall be permitted with the exception of a menu and no smoking sign(s). A single menu can be posted on the fencing but must be no larger than 40cm (16 inches) by 50cm (20 inches) in size.​

Permit holders shall ensure that all umbrellas are at least 0.8 metres from any curb face. All shade umbrellas may project into the pedestrian walkway to the lesser of half the umbrella's width or 1.5 metres. The lowest edge of any umbrella must be at least 2.1 metres above the sidewalk surface. No patio permit holder shall place umbrellas such that they overhang the pedestrian walkway at a height of less than 2.2m, and such umbrellas must be closed during rain events and not cause water to drip onto the pedestrian walkway.​

Patio Site Plan Required Information - Minimum Information Requirements

​Patio Site Plan – Required Information​

To assist with the Patio Site Plan design, the applicant is requested to provide a site plan, properly labelled with the following minimum information:

  1. The location and dimension of the building establishment, the entrances & exits and washrooms;
  2. The location and use of the adjacent buildings, the entrances and exits;
  3. The location and dimension of the patio, the entrances & exits;
  4. The area of the patio (in square meters);
  5. Location and dimension of any enclosures, umbrellas/tents, awnings, etc.;
  6. The location, height and construction material to be used for the boundary fence, gate location and width of gate(s);
  7. Location of fire extinguishers;
  8. Location of table, chairs, bars, stages, etc.;
  9. Expected occupant load;
  10. Location of ALL municipal services and/or assets within the Patio or close proximity (e.g. location of curbs, municipal parking spaces to be utilized, parking meters, sidewalk, hydrants, storm sewer grates, manholes, trees and diameter of trees etc.), all below grade and above grade utilities including below grade chambers/vaults and hydro poles fire hydrants, along with distances between the Patio and services/fixtures;
  11. The construction and design shall consider the following matters to be addressed on the site plan:
    1. ​Location of services such as hydro, water and gas;
    2. ​Railing installation, height, construction;
    3. Impact on public sidewalk if any;
    4. Accessibility;
    5. Installation of any other fixtures to premises or lands;
    6. Maintenance of Town improvements, such as trees and shrubs, if applicable;
    7. Liquor License requirements;
    8. Road Right-of-Way requirements;
    9. Proposed elements and their location and dimensions (e.g., tables, chairs, umbrellas, fencing/railings, hanging fence planters, standing planters, to be located in the permit area);
    10. Pedestrian sidewalk measurements: distance between outer edge of proposed permit area to nearest object or back of the curb;
    11. Amount of parking provided on site, including the amount of parking spaces being occupied by the proposed patio; and,
    12. Setbacks from the property lines to the proposed patio.​

Minimum Information Requirements for Outdoor Patios

This information is included for the applicant's consideration in order that information requirements and responsibility are fully understood.

Proposed patios at-grade or ones that are not structurally supported are not subject to the Building Code. However, proposed outdoor patios that are elevated and require structural support are subject to review by the Building and Planning Department and applicable fees.​

Temporary Sidewalk (if applicable)

Professional Engineer must certify the design of the Extension of the Temporary Sidewalk for safety and load bearing design, if applicable. (Note: The applicant must certify that the at-grade Patio or Sidewalk by-pass walkway is constructed in accordance with the Town's standard.)​

 Guidelines for Outdoor Patios on Private Property

Establish a Patio

Town staff are available to assist if needed. Email jreichheld@midland.ca for assistance.

The process to establish a patio consists of these steps:​

  1. Email the following documentation to jreichheld@midland.ca:
    • Site Plan
    • Health Certificate of Inspection
    • ​Letter from the property owner authorizing the proposed patio use
  2. Arrange for inspections by Town of Midland staff if applicable (MLEO, Fire, Building, etc.)​

Patio Location Considerations

Patio must be adjacent to the place of business and configured to ensure physical distancing of at least two meters between patrons seated at different tables.

Public access to any indoor portions of the business must be limited to food pickup, payment, washroom access, access required to get to the outdoor dining area or access that is otherwise required for the purposes of health and safety. ​

No dancing or singing may be permitted in the outdoor dining areas.  ​

Patio Design Details

Patios shall be comprised of structural, functional, and decorative features. To ensure public safety and general aesthetic continuity, the following design details provide the minimum requirements for various features within a patio. The Town encourages creativity and the development of unique outdoor dining spaces within the requirements provided.

The patio shall be constructed and maintained by the applicant as per the construction guidelines, and must be compliant with the Accessibility for Ontarians with Disabilities Act (AODA).

An entryway of at least 1.75 m must be provided to the patio, and where possible, should be aligned with the entrance to the corresponding establishment. When entrances cannot be aligned, they should be provided in close proximity to each other to ensure ease of movement and service between the establishment and the patio.

The design of the patio structure should not inhibit the adequate positive drainage of storm water runoff to the street.​

Patio Enclosure Fencing

Fencing of a Patio must form a fully enclosed perimeter. The fencing should appear 'open'. Fencing shall meet the requirements of the Alcohol and Gaming Commission of Ontario (AGCO) if applicable. Fencing material must be shown on the site plan. Wrought iron style is the most desirable, however given the circumstance, any barrier that safely encloses will be considered. Patio fencing must be not less than 1.07 metres in height as per AGCO regulations.. The fencing must be weighted either footplates or stable mass planter boxes.

Open guardrails are encouraged to reduce the risk of high winds using the guardrail to move the patio structure. Self-supporting plates shall have no parts of the fence create a trip hazard and do not project beyond the limits of the permit area.​

Electrical power cords or any device that cross any travelled portion of the property are not permitted.​

Patio Site Plan Required Information - Minimum Information Requirements

​Patio Site Plan – Required Information​

To assist with the Patio Site Plan design, the applicant is requested to provide a site plan, properly labelled with the following minimum information:

  1. The location and dimension of the building establishment, the entrances & exits and washrooms;
  2. The location and use of the adjacent buildings, the entrances and exits;
  3. The location and dimension of the patio, the entrances & exits;
  4. The area of the patio (in square meters);
  5. Location and dimension of any enclosures, umbrellas/tents, awnings, etc.;
  6. The location, height and construction material to be used for the boundary fence, gate location and width of gate(s);
  7. Location of fire extinguishers;
  8. Location of table, chairs, bars, stages, etc.;
  9. Expected occupant load;
  10. The construction and design shall consider the following matters to be addressed on the site plan:
    1. Location of services such as hydro, water and gas;
    2. Railing installation, height, construction;
    3. Impact on public sidewalk if any;
    4. Accessibility;
    5. Installation of any other fixtures to premises or lands;
    6. Maintenance of Town improvements, such as trees and shrubs, if applicable;
    7. Liquor License requirements;
    8. Road Right-of-Way requirements;
    9. Proposed elements and their location and dimensions (e.g., tables, chairs, umbrellas, fencing/railings, hanging fence planters, standing planters, to be located in the permit area);
    10. Pedestrian sidewalk measurements: distance between outer edge of proposed permit area to nearest object or back of the curb;
    11. Amount of parking provided on site, including the amount of parking spaces being occupied by the proposed patio; and,
    12. ​Setbacks from the property lines to the proposed patio.

Minimum Information Requirements for Outdoor Patios

This information is included for applicant's consideration in order that information requirements and responsibility are fully understood.​

Proposed patios at-grade or ones that are not structurally supported are not subject to the Building Code. However, proposed outdoor patios that are elevated and require structural support are subject to the Building and Zoning Department review and applicable fees.​

 Requirements for both Municipal & Private Property

Tents on Municipal and Private Property

Tents less than 60 m² (645 ft²) in area that are not attached to another structure and are not less than 3 meters (9.8 ft) away from other structures:

  • No building permit is required.

Tents between 61 m² (646 ft²) - 225 m² (2,422 ft²) in area:

  • Building permit is required,
  • Application must include a completed Application Form (available on the Town of Midland website), site plan indicating the location of the tent with setbacks to other buildings and property lines,
  • Must maintain 3 meters (9.8 ft) to property lines and other structures,
  • Ground enclosed by the tent must be clear of flammable material (grass cut short is acceptable),
  • Copy of Flame Resistance Certification must accompany application – must state compliance with either NFPA 701 or CAN/ULC-S109,
  • Access must be provided for firefighting (must be easily approachable by emergency personnel) and will be reviewed by Midland Fire Department.

Tents greater than 225 m² (2,422 ft²) in area:

All requirements for tents between 61 m² -225 m² shall apply, in addition to the following:

  • Professional Engineer must design the supporting framing structure and anchorage system, sign a Commitment to Review form and inspect the tent after it is erected but before it is put in use,
  • A copy of the Engineer's report is to be submitted to the Building Department prior to the event,
  • Sanitary facilities must be provided in compliance with the Building Code, (Guidelines from the SCDHU are also attached).

General requirements:

  • If more than one tent is used and they are placed within 3m of each other, the total area of all such tents are considered as if they are a single tent,
  • Building permit application must be submitted a minimum of 10 days prior to erection,
  • The addition of bleachers or side walls automatically puts the tent into the greater than 225 m² category regardless of size.

An inspection by the Building Department is required prior to the tent being put into use where a permit is required. Fire Department staff will accompany the Building Inspector to perform a joint inspection scheduled through the Building Department where a permit has been issued.

Questions?  Please contact the Building Department at 705-526-4275 ext. 2252.​

Waste Pick Up

​Patios should not interfere with waste pick up for the property. ​

Liquor License

​Applicants must follow all Alcohol and Gaming Commission of Ontario (AGCO) regulations and guidelines.​

Noise

​No person shall permit or allow any sound contrary to the provisions of the Town's Noise By-law. No person shall operate any amusement device or game within any outdoor patio area.​

​​​​





​​​
​The following Guidelines established by the SMDHU and the AGCO are provided for your information.  Due to the COVID-19 pandemic, information may change.  Please refer to the respective websites for up to date information.

Simcoe Muskoka District Health Unit Guidelines

Before Opening an Outdoor Dining

  1. Ensure there is a minimum of two metres/six feet between each edge of every table as well as every chair.
  2. Waiting area seating is not permitted.
  3. Install floor with markers for any areas where a line up may occur.
  4. Provide direction to customers:
  5. Install directional arrows (i.e. at entrance/exit) if possible.
  6. Erect signage for physical distancing, passive screening, and any policies affecting them.
  7. Patio must be open to the air; no tents/structures/canopies with sides/enclosures permitted. Umbrellas are allowed for sun shade.
  8. Ensure staff are properly trained on how best to serve food, maintain safe physical distancing and avoid unnecessary handling (e.g. serve to front of table and let customers distribute, avoid handling coffee cups when refilling, let customer fill/pack leftovers in containers). Refer to the next section for more details​

Protocols and Policies

(The owner/operator, or assigned staff, should be present and checking to ensure adherence to protocols)

  1. Ensure access to indoor facilities is limited to patio/outdoor dining area access, food pickup, payment, washrooms or other health and safety purposes.
  2. Maintain physical distancing - keep two metres/six feet from all persons.
  3. Limit the time servers spend within two metres/six feet of customers. Consider having servers wear non-medical masks.
  4. The required distance between adjacent edges of tables and chairs is two metres.
  5. Temporary table dividers may be installed to make physical distancing easier for restaurants with communal seating or larger tables.
  6. Groups must be seated two metres/six feet from another group.
  7. Customers who exhibit symptoms of COVID-19 should be refused entry.
  8. All customers must be seated.
  9. Live music, dancing and other activities are prohibited. If you provide recorded music, turn down the volume. Loud music causes diners to lean towards each other and raise their voices or shout, thus increasing the risk of transmitting the virus. Only dining and drinking is permitted.
  10. Develop policies for customers: for example, reservations preferred/only; payment by card preferred/only.
  11. Use only menus that are single-use paper, online for customers' mobile devices, menu-boards, chalkboards, or if regular menus used – they need to be cleaned between uses.
  12. Do not pre-set tables; utensils should be rolled or packaged.
  13. Replace regular condiments with single-serve versions, or sanitize between uses, consider disposable napkins, etc.

Recommend hand sanitizer be readily available either on tables or at the entry of food premises.​

Alcohol Gaming Commission of Ontario (AGCO)

Capacity​

Requirements respecting the capacity of any new patio, or extended patio space where the licensee has an existing licensed patio that does not exceed 1.11 square metres per person.

Any extended patio space should allow for a minimum of 1.11 square metres per person. For example, the maximum capacity of a new 100 square metre patio would be 90 people (100 sq/m ÷ 1.11 sq/m/person = 90). On an existing patio space, the capacity as stated on the licence continues to apply. ​

All licensees are expected to first and foremost comply with physical distancing measures and any other public health guidelines or orders issued by the Ontario Government or by any other applicable level of government. The AGCO recognizes that physical distancing requirements as set out in the Government's Framework for Reop​ening our Province will likely require licensees to operate at well below maximum capacity. Some municipalities have also chosen to add additional requirements for licensed establishments located within their municipality that may further restrict capacity.

Patrons carrying liquor across unlicensed areas

Only the licensee or its employees are permitted to carry liquor between two licensed areas across an unlicensed area (e.g. from the establishment and across the sidewalk, in the case where the patio extension is on a roadway and does not extend to the sidewalk). ​