Our patio program is for restaurant operators who want to renew their patio approval, create a new temporary outdoor patio, or to expand the footprint of an existing patio on public or private property.
Renew your existing patio agreement
Apply for a new temporary patio extension
On this page:
- Renew a temporary patio
- Businesses in downtown Kitchener
- New temporary or expanded patios
- New permanent patios
- Existing permanent patios
- Fees
- Guidelines
Renew a temporary patio
If you were a part of our patio expansion program in 2021 and are still using the same plans, you can renew your patio agreement online.
Renew your existing patio agreement
Required documents
You must include these documents in your renewal application:
- liquor licence (if applicable)
- if your patio is on public property, your insurance company or broker must complete a 2022 Standard Certificate of Insurance (for alcohol or not with alcohol)
Businesses in downtown Kitchener
If you're a member of the Downtown Kitchener Business Improvement Area (BIA), the BIA will contact you directly about their enhanced patio program to determine your eligibility. If you want to take part in their enhanced patio program, please send the BIA an email before applying.
New temporary or expanded patios
If you want to temporarily create a new outdoor patio or expand an existing patio, you must request approval through our patio program. Applicants must follow the patio guidelines and provide the documents below.
Apply for a temporary patio expansion
Required documents
You must include these documents in your new temporary patio application:
- liquor licence (if applicable)
- plan that identifies the location, boundary and footprint of your patio
- diagram of your patio
- if your patio is on public property, your insurance company or broker must complete a Standard Certificate of Insurance (for alcohol or not with alcohol)
New permanent patios
Permanent patios are not covered by this program. If you have any questions about your patio, please send us an email. If you want to build a new permanent patio, you must submit a site plan application.
Existing permanent patios
If you have an existing patio and don't plan on temporarily expanding the size or footprint, you don't need any further approvals from the City of Kitchener.
Fees
The fee for a first-time patio application is $300 including HST and is only paid in the first year you set up your temporary patio with the City. In addition, patio encroachment fees are paid annually. All fees will be invoiced by the City of Kitchener.
For patios on public property, the patio renewal encroachment agreement fees for 2022 are:
- patios with 12 or fewer seats: $150 including HST
- patios with 13 or more seats: $300 including HST
- amendment to existing patio agreement (if required): $150 including HST
If your temporary patio is on private property, you do not need to pay encroachment fees.
Guidelines
The guidelines in the accordions below outline the requirements for temporary or expanded patios and safety requirements for commonly used patio equipment. Before designing or developing a proposal for your patio, please review these guidelines to ensure your design meets these standards.
Some patio designs and locations are unique and may require additional information and approval.
If you have any questions, contact:
- economic development for questions about temporary patio designs
- Kitchener Fire and building for questions about structures, capacity or heating units
Patio location and footprint |
Patios on public (city) and private property within the City of Kitchener must abide by the following guidelines. Patios requesting to access property on regional roadway sidewalks or parking spaces must also abide by the Region of Waterloo’s patio guidelines. You must obtain written authorization from your property owner that confirms the property owner’s consent to allow your proposed patio. You will not need to submit this authorization, however the City may, at any time, require you to provide documentation (ex: written letter, email, etc.). As part of your application, you will be required to submit a plan which clearly identifies the location, boundary and footprint of your proposed patio. The boundary may be outlined on an aerial photograph or on an approved site plan and must take the following location and boundary guidelines into consideration. Location guidelines
If located in a parking area:
Patio boundary
Patio seating and layoutAs part of your application, you will be required to submit a Patio Layout Plan. In developing your layout, you must include and indicate considerations for the above location and boundary requirements. Your Patio Layout Plan must show the following:
If you want a sample diagram of a sufficient submission, send us an email. Based on the sketch provided, the City will develop a digital, scaled plan of the proposed patio layout using a standardized template. |
Structures |
Patio building permitsTemporary and expanded patios may require building permits for enhancements, structures, or capacity increases. These guidelines will denote when a patio building permit is required and additional requirements may apply. Contact building staff or our building permits page for permit application requirements. Patio floorsA building permit is required if:
No building permit is required if:
Pop-ups, shade sails, and tentsPatios are permitted to have a shade covering via umbrella, pop-up (collapsible tent), shade sail or tent adhering to the following guidelines:
Restaurant operators are responsible for ensuring the pop-up, shade sail or tent roof is secured from inclement weather, such as strong winds, and removed during winter or unexpected snow event. A tent building permit is required:
Any tent greater than 60 sq.m. (640 sq.ft.) in area must be a minimum of 3 m (10 ft) from any building or property line. Requests to place tents less than 3 m (10 ft) to the building may be approved pending site conditions. Any tent larger than 225 sq.m. (2,422 sq.ft.) in area requires a design by a professional engineer. Electricity needs on public patiosIf a business with a temporary patio on public property wishes to have lighting or other electrical needs supplied to their patio from their building they are required to:
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Operating requirements |
CapacityAll patio applications must include a requested occupant load (inside, patio & staff) for review by the City. Streamlined process: no changes to total occupancy The streamlined patio process does not require further approvals for occupancy if the total occupancy of the restaurant and the patio does not exceed the total seating capacity of your building permit/liquor license. Seating currently provided inside the restaurant may be removed and replaced with equivalent seating on the patio, or where the current indoor seating capacity is less than the occupant load, the additional seating capacity may be assigned to the patio. For example, if your total occupancy on your building permit or liquor license is 100 and your patio seats 20, you may only have 80 people inside. Adding capacity If you wish to expand your patio seating capacity beyond your total occupancy limit, a review by Building staff must be conducted. For example, if your total occupancy on your building permit or liquor license is 100 and you would like to seat 40 people on your patio as well as 80 people inside, Building staff must conduct a review to ensure safety requirements can be met with increased capacity. Portable heating appliancesPortable heating appliances must:
Portable heating appliance operating guidelines:
Propane tanks (pressurized fuel cylinders)
RegulationsYou must abide by any applicable municipal, provincial, or federal legislation, including the changing COVID-19 restrictions and obtaining your 2022 City of Kitchener business license. Bylaws and regulations include, but are not limited to:
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Insurance for patios on public property |
Certificates of Insurance (COI) are required for every application (new or renewal) requesting use of public space. Patios located on private property are not required to submit their insurance documents to the City but are fully liable for insuring their property and business. Liability insurance coverage levels will vary depending on whether the patio is licensed to serve alcohol (AGCO Licensed Premise) OR patio is an unlicensed outdoor space. Insurance requirements
All coverages outlined above must extend beyond the applicant’s premises to include the patio extension onto municipal property, which must be reflected on the COI. Unlicensed patiosPatios not serving alcohol (“unlicensed patios”) must be insured with general liability with limits of $2 million or more. If there is an aggregate limit, it must be double the minimum occurrence limit. For unlicensed patios with $2 million general liability, aggregate coverage must be $4 million or higher. Download the Unlicensed Patio - Standard Certificate of Insurance Licensed patiosPatios serving alcohol (“licensed patios”) must be insured with general liability with limits of $5 million or more. If there is an aggregate limit, it must be double the minimum occurrence limit For licensed patios with $5 million general liability, aggregate coverage must be $10 million or higher. Download the Licensed Patio - Standard Certificate of Insurance Group insuranceWe recognize that some insurers may not extend coverage onto municipal property and have arranged group insurance specific to patio encroachments onto municipal property through IRC (InstantRiskCoverage). |