Patio season ended early this year (Image: Matt MacGillvray)
Think the one-year ban on bars and restaurants on Ossington was strict? This week, a new zoning bylaw quietly went into effect; it forbids any restaurant or bar located south of Bloor from Victoria Park and west to the Humber from opening a backyard patio.
Here’s the official city hall ruling from the staff report on August 5:
Outdoor patios will no longer be permitted in the rear yard, and may be located in a side yard subject to a maximum of 50% of the depth of the building from the front lot line in PA3 and PA4 on/south of Bloor St W and the Danforth in the Former City of Toronto.
With respect to outdoor patios, the recommendations of the Queen Street West Study are being carried forward to all properties located on or south of Bloor Street and Danforth Avenue in CR (commercial/residential) zones within Policy Areas 3 and 4 in the former City of Toronto. Outdoor patios will no longer be permitted in the rear yard, and may only be located in a side yard subject to a maximum length equal to 50% of the depth of the building measured from the front lot line.
The predominant reason behind the bylaw is noise. Many of the buildings in the affected area were built rather close to each other during the Second World War, which means that rear patios would bring more problems than front patios because a restaurant’s rear yard could face someone’s house. Corner establishments can have their patios on the side.
Joe D’Abramo, acting director of the city’s zoning bylaw and environmental planning division, acknowledges that not all restaurants and bars are rowdy and that residents are generally appreciative of commercial activity. The problem is that the provincial government doesn’t separate bars and restaurants when it comes to zoning and licensing. “If the province had a different regulatory regime, then we could distinguish between establishments that are acceptable and not,” he says.
Those establishments that already have patios out back can keep them, and restaurateurs taking over properties that have existing patios are, for the most part, safe as well. “Generally speaking, the rule is that the planning act will protect properties that exist in their current manner. Council can’t make a bylaw that’s retroactive.” As for properties that have the potential for a rear patio, those cases will be dealt with individually.
“I saw a few letters of concerns about the limiting nature of any bylaw. I think they just want more freedom, like any business, and do anything that services their uses, which is expected,” says D’Abramo. “The regulation that’s put in the bylaw by planners is trying to create a balance. We’re not looking to pick on restaurant owners; we’re creating a balance that lets business and residential communities live together.”
When asked if it’s possible to have rear patios close at an earlier hour as an option, D’Abramo says the difficulty is in enforcing that all those patios are cleared out by a certain time.
“Zoning has its limitations and is a tool best used when constructing the ideal use and building that goes along with it. It’s less useful when regulating day-to-day activities, like making people clear out every night,” he says. “It has its limitations, so you have to look at other regulations. Even then, are you going to have an enforcement officer at every restaurant to watch the clock?”
I am at a loss for words. Let’s just ban farmer’s markets, picnics and the front patios too. Let’s make sure there are guard rails 72″ high and that anyone 10m of the lake must wear life jackets. Let’s ensure that people walking in the streets talk softly – any shouting or singing or dancing must result in stiff penalties. Why are restaurants paying the penalty for the desire to enjoy fresh air and the joy of dining al fresco? Is this not a city, supposedly full of vitality and diversity? So incredibly heavy handed, and short sighted. If back patios are now forbidden, why have front sidewalks been so poorly planned? Let’s look outside of our fishtank please – great cities have managed to deal with this very elegantly. Is Toronto ‘special’, for some reason???
September 1, 2010 at 9:10 am | by JJ ,you said it so well.. the only thing I can add is that this proves even more that Toronto needs a leader, a thinker, a visionary who think BIG and not like a small town Port Perry Mayor/Council. Do we really want to play in the big league and sell this city as a London, New York ? we cant do it with all these nitpicking and stupidity. This is the downtown Core..
September 1, 2010 at 9:18 am | by PeeJust an incredible joke. Think of some of the best pubs around, Allen’s (just south of Danforth), Betty’s on King, Black Bull on Queen, all have full side or back patios and are some of the most profitable and well loved pubs in the city. We’ve just zoned out their replacements should their owners ever need to move properties due to rising costs or building structural problems (see Yonge st. just north of Dundas)
NIMBY indeed. was this even put out for public comment? To look for conflict of interest, do any of the zoning committee members have houses near one of these types of establishments……..questions questions
September 1, 2010 at 9:19 am | by TorontoPotatoThis bylaw makes no sense whatsoever. It would make slightly more sense if it prohibited patios north of Bloor. Instead council has decided that it makes more sense for backyard patios to be in Lawrence Park and Leaside than in Little Italy or The Danforth.
We already have noise bylaws which can be applied to patios and licenses that can be revoked if patio owners don’t play nice with their neighbours. I’d like to know who the imbeciles are that voted to ban new patios downtown?
September 1, 2010 at 9:47 am | by KyleThis city is becoming easily pushed and bullied weekly now, I live in Queen west west and back patios are the life line. 1 place in order buildings are small enough and this gave them the room they needed. So not only do these places pay with less customers they have to pay for unused property????? Ridiculous, Lets all forget the complaining and just do something for the people who have given us all those days of enjoyment.
September 1, 2010 at 10:11 am | by DudeMoney talks, noise complaints are never taken seriously.
Neighborhoods are told to suck it up and be thankful for the economic activity (aka. drunks vomiting everywhere, pissing everywhere).
Give me a break, somehow I don’t think people will stop drinking beer because they can’t do it in a back patio.
Someone finally got on the side of the residents, for once.
The industry people will complain bitterly, but they’re only out for their own self interest, they have no interest in a balanced policy that protects communities.
September 1, 2010 at 11:13 am | by Rah AbasdEveryone is in business to make money, I am sure we all know that. I lived in the countryside and currently live downtown core and from first hand Kids will puke anywhere anytime. Piss anywhere anytime. Why doesn’t the city stop Condo projects??? Corner of Queen around Gladstone there are 5 condo projects back patio or not thats a good 5,000 extra ppl who will puke and piss.
September 1, 2010 at 11:34 am | by DudeIt’s not the fact of not drinking anymore I am looking at the point where taxes on property are not paid on whats used or not.
S**t imagine all the smokers now who will line the streets at night…in their pukey, pissy stages.
The Only reason city hall comes up with these stupid bylaws is because they know they will get away with it.They know they can shove stuff down our throats and we wont do anything about it.All the people of Toronto should start standing up for their rights and stop city hall from making stupid decisions for us. They think Torontonians will just sit back and take what Miller wants our city to become. AT some point we have to get together and stand up against City Hall or they will keep coming up with these stupid bylaws. God forbid small businesses make any money or the people have any fun.
September 1, 2010 at 11:50 am | by RickWell perhaps residents will enjoy the derelict buildings that will occur eventually, and the people that frequent and squat there.
Time to remove these dowdy blue hairs that run our city. Career politicians are my most hated.
As for Adam, the patriarch of this terrible idea, well I can’t print what I think of him.
September 1, 2010 at 12:41 pm | by LobbingWhy, oh why, do we pay taxes, hmm? I mean just to have bloody patio restrictions and buggery ugly zoning wardens and bollocky smoking bloody areas… I mean, I know they’re all there to stop stupid people running amok in our neighbourhoods and killing themselves, but we’re not all stupid! We don’t all need nursemaiding! I mean why not have a stupidity tax? Just tax the stupid people!
September 1, 2010 at 12:44 pm | by Le FauconNext step: DANCING WILL BE ILLEGAL remember the movie Footloose.
September 1, 2010 at 1:53 pm | by ScottIf Adam want this in his riding go for it but keep you nose out of other peoples ridings.
September 1, 2010 at 2:26 pm | by mattI’m relieved to hear that at least already-existing patios will not be shut down. But sometimes I wonder if people who live in houses with outdoor space realize that not everyone is so lucky. I mean, is it not enough that you have your own backyard to chill and have a drink in, that you have to begrudge the rest of us our outdoor space too?
September 1, 2010 at 2:30 pm | by RaeWhy even live downtown in the first place if you don’t like the sound of people enjoying themselves? Isn’t property generally more expensive downtown? And do you know why that is? Because it’s where the good bars and restaurants are, it’s where the subway runs precisely because more people live there, it’s where young people live and where the best parties are. You live downtown for the exact same reasons that you’re complaining. Don’t the patio-haters understand that once you eat your cake, you don’t have your cake anymore?
rick says it best …….. torontonians are a bunch of pussies who take it bending over. no one does anything about anything !!
September 1, 2010 at 3:45 pm | by Living in King WestThere really aren’t any words so express how absolutely ridiculous this b-law is. what has happened to democracy? Let’s ask the people you know the taxpayers what they’d like. Every major City has front, side and even back patios.
September 1, 2010 at 5:02 pm | by CatsThey offer a nice garden setting in the middle of a bustling City. I don’t think I know anybody who would disagree with me. Why just south of Bloor? Are the business owners south of Bloor second class citizens?
Joe Pantalone really dropped the ball on this one. He can say goodbye to any votes south of Bloor.