The Corporation of the City of Fernie 501-3 rd Avenue, Box 190, Fernie, B.C. V0B 1M0 (T) 250.423.6817 (F) 250.423.3034 (E) cityhall@fernie.ca (W) www.fernie.ca Policy Title: Historic Downtown Patio Policy Approval Date: 25-Jun-2012 Approved By: Effective Date: 25-Jun-2012 Policies Superseded: Amended On: 10-Mar-2017 Regular Council Meeting 1. PURPOSE OF POLICY The intent of the City of Fernie Historic Downtown Patio Policy is to support the development of seasonal outdoor seating areas adjacent to eating and drinking establishments in Downtown Fernie. 2. DEFINITIONS Block Face: the total length of a curb running from intersection to intersection on one side of a street or avenue. Each block has two block faces. Curb Space: a lineal measure of the amount of block face used for curbside patios, including space between patios, if that space is less than 7.0 metres. The total curb space reserved for curbside patios is 28.0 metres per block face in the case of an Avenue and 14.0 metres in the case of a Street. Crosswalk Clear Zone: area between the sidewalk and patio where no parking of vehicles, construction of patios or placement of objects shall occur. Dimensions of the crosswalk clear zone are specified in Appendix B. Highway: a street, avenue, road, lane, bridge, viaduct and any other way open to public use, and includes a roadway, boulevard, parking lot and sidewalk. Parent Business: The business from which the patio is operated. The parent business must be an eating and/or beverage establishment. Patio: a seasonal outdoor seating area related to a parent business that is used for eating and drinking product served by that parent business. Types of patios include: Private Patios (not regulated by this policy), Curbside Patios, Flanking Patios, Sidewalk Patios and other Patios constructed on City of Fernie property. Patio, Curbside: a patio that is constructed on the street, parallel to the curb, that occupies parking spaces.
City of Fernie Outdoor Patio Policy Page 2 of 11 Patio, Flanking: a patio that is located on the secondary frontage (side or corner) of a property that is located on a corner lot. Patio Season: time of year, from May 1 to October 15, when patios are permitted to operate. Patio, Sidewalk: a patio that occupies the sidewalk directly in front of the parent business. Sidewalk Clear Zone: area of the sidewalk reserved exclusively for pedestrian use that is clear of all patio construction, signage, goods, bicycles, trees and related materials. The sidewalk clear zone must be a minimum of 2.5 metres wide. Details of the sidewalk clear zone are specified in Appendix B Street Clear Zone: area of highway, between patios and parking stalls reserved for vehicle and bicycle traffic. 3. APPLICATION, PERMITS, NOTIFICATION 3.1 Application Requirements Patios are only applicable to food and/or beverage establishments. Applicants shall provide the following material as part of their application: Completed floor plan; Dimensioned patio floor plan and elevations at 1:100 scale indicating the placement and quantity of tables, chairs, umbrellas, bussing stations and any other objects that are part of the application, including any platforms and railings, as well as the location of the sidewalk clear zone, the crosswalk clear zone (if applicable), the parent business, the curb, parking spaces, street furniture (lamp posts, signage, bike racks, benches, landscaping, etc.) and the adjacent buildings, with door and window locations identified. Application fee; Application fee of $50.00 (non-refundable). Written support (if applicable); and Written support from the adjacent property owners or their authorized agents where the applicant wishes to extend the patio beyond the frontage of the parent business. 3.2 Application Submission Deadline Applications for new patios, amendments to existing patios and notices of renewal for existing patios are due no later than March 15 of every year. Applications received after March 15 may not be processed until the following year due to the allocation of curb space highlighted in section 3.3 of this policy. 3.3 Curb Space Allocation The City of Fernie has the authority to allocate curb space used by curbside patios under the
City of Fernie Outdoor Patio Policy Page 3 of 11 following guidelines: The total amount of a single block face that can be occupied by sidewalk patios is 28.0 lineal metres of curb space in the case of an Avenue or 14.0 lineal metres of curb space in the case of a Street; Where two patios are separated by less than 7.0 metres, that area will also be counted towards the total amount of curb space, and divided equally between the two patios; Where two or more curbside patios are located on one block face, the total curb space allowed to be occupied by the patios will be divided equally between those patios (For Example: 28 lineal metres of curb space (Avenue) / 4 patios = 7 metres of curb space per patio). If a new curbside patio is added to a block face where there are existing curbside patios, the total curb space allowed for those existing curbside patios will be adjusted accordingly; If existing curbside patios take up greater than their allotted curb space once the new patio is considered, then the owner(s) of the existing curbside patios must change the structure or siting of their patio in order allow for the new curbside patio to be constructed; and If an application for a new curbside patio is received after March 15, and the curb space allocation for that patio influences the structure or siting of an existing patio(s), the new patio will not be permitted until the following patio season. 3.4 Application Process Applicants shall notify adjacent property owners or their authorized agents of their application and authorize the City to distribute the dimensioned floor plan and elevation required as part of this policy to adjacent property owners or their authorized agents. The City will review applications on a case-by-case basis. 3.5 Renewal of Patio Permit Permits are renewable, pending City of Fernie review of the patio during the previous patio season and providing that the permit was in good standing at the end of that patio season. Permits are renewable for the life of the License of Occupation. After expiration of the license of occupation, the patio must be re-applied for. In order to renew a permit, provide, by March 15: A letter, addressed to the Director of Corporate Administration Services, notifying the City that the patio will be re-constructed for another season, and that the patio will be the same as the previous season; and
City of Fernie Outdoor Patio Policy Page 4 of 11 Proof of insurance for the current season, as covered in section 5.2 of this policy. 4. PERMIT ISSUANCE AND FEES The annual permit fee is $10.00 per square meter of area occupied by the patio, excluding any area designated as sidewalk clear zone. In the case of flanking patios that are not bound by railings, the fee will be $12.00 per seat. Annual permit fees must be made in-person in the form of: a lump-sum payment for all three years prior to issuance of the license of occupation; or In three installments, with the first payment being made prior to issuance of the license of occupation and subsequent payments to be invoiced by the City of Fernie and paid prior to patio construction in years two and three, respectively. Post-dated cheques will not be accepted. 5. SECURITY, INSURANCE, AND INDEMNIFICATION 5.1 Security Deposit Prior to the issuance of a license of occupation, the applicant shall place with the City, a cash deposit or unconditional irrevocable letter of credit issued by a Canadian chartered bank or credit union in the amount of $500.00 as security that the obligations imposed by the permit are fulfilled and to reimburse the City for the cost of any damage to the sidewalk, walkway, roadway, or other City facilities as a result of occupancy. Security shall be refunded upon expiry of the license of occupation, or at the request of the applicant, held for the duration of subsequent license(s) of occupation. 5.2 Insurance Prior to issuance of a permit, the applicant shall provide the City with a copy of their insurance certificate. The applicant shall, without limiting its obligations or liabilities under this permit, procure and maintain, at its own expense and cost, comprehensive general liability insurance, including host liquor insurance if liquor is served, in the amount of $5,000,000.00 indemnifying the City of Fernie against any and all damages, injuries or claims. The insurance policy will name the City as an additional named insured and shall be maintained continuously as long as the permit is in effect. 5.3 Indemnification The permit holder will be liable for all loss, costs, damages, and expenses whatsoever incurred
City of Fernie Outdoor Patio Policy Page 5 of 11 or suffered by the City, its elected officials, officers, employees and agents (the Indemnities) including but not limited to damage to or loss of property and loss of use thereof, and injury to or death of a person or persons resulting from or in connection with the performance, purported performance, or non-performance of this permit, excepting only where such loss, costs, damages and expenses are as a result of the sole negligence of the Indemnities. The permit holder will defend, indemnify and hold harmless the Indemnities from and against all claims, demands, actions, proceedings, and liabilities whatsoever and all costs and expenses incurred in connection therewith and resulting from the performance, purported performance, or non-performance of this permit, excepting only where such claim, demand, action, proceeding or liability is based on the sole negligence of the Indemnities. 6. TERM The License of Occupation will be for a term of three (3) years. 7. OPERATING CONDITIONS 7.1 General Operating Conditions The following general conditions apply to all patios: Employees must conduct all activities within the parent business or on the patio, and not in the sidewalk clear zone nor on the street clear zone; Patios shall be maintained in a clean, neat appearance and in a sanitary condition and shall not accumulate dirt, refuse, or debris on or around the structure; The patio operator shall conduct regular inspections of the finish and structural components. The City shall withhold the issuance of a renewal permit if the patio is not maintained in an attractive and safe condition. The City reserves the right to remove poorly maintained patio structures at the operators expense; Securing dogs, bikes, etc. to the fencing or railing of patios shall be prohibited; Roadway and curb drainage to be maintained; Patios shall not include any electrical, gas, propane or water extensions, either at grade or overhead across the sidewalk; No cooking shall be allowed in the patio area; Lighting that creates a hazard related to glare and light trespass that has a detrimental effect on the visibility of motorists or pedestrians as well as the effectiveness of any traffic control device is not allowed; Placement of patio furniture and decorations, including, but not limited to: umbrellas, flowers, tables and chairs that have a detrimental effect on the visibility of motorists or pedestrians as well as the effectiveness of any traffic control device is not allowed;
City of Fernie Outdoor Patio Policy Page 6 of 11 Patios shall not include any outdoor storage of refuse; and The patio operator shall prevent the accumulation of refuse on, around and beneath the patio area. 7.2 Hours of Operation Patio structures shall be permitted from May 1 to October 15 each year. Patios must be fully dismantled and removed during the off-season period from October 15 to May 1 each year. The active use of patios for business purposes shall not be operated between 10:00 p.m. and 7:00 a.m. to mitigate potential noise issues. 7.3 Licensing No additional business license shall be required to operate a patio. Prior to license of occupation being issued, the City shall require proof of all provincial licensing approvals, such as liquor licensing and health authority approval. 7.4 Patio Occupancy Patio occupancy shall be based on one (1) person per 1.2 square metres of patio floor-space, as determined by the City of Fernie. Patio occupancy shall be deducted from the interior occupancy of the parent business. The maximum occupancy of each patio shall be 40% of the interior occupancy of the parent business. 7.5 Noise No sound reproduction or amplification devices are permitted. 8. DESIGN STANDARDS 8.1 City of Fernie Official Community Plan Design Guidelines Applications are subject to review in relation to the Historic Downtown Core Development Permit Area (City of Fernie Official Community Plan Bylaw No. 2231, 2014, Schedule S Building Design Guidelines, Section S.3 Historic Downtown). Applicants should take the heritage style into account when submitting their proposals. 8.2 Standard Patio Locations Patios shall be permitted as follows: In the area bounded by the west side of Third Avenue, the west side of the Canadian Pacific Railway right-of-way, the north side of Third Street, and the south side of Eighth Street, excluding Fourth Street as shown on Appendix A : Patio Boundary Map.
City of Fernie Outdoor Patio Policy Page 7 of 11 A sidewalk clear zone of 2.5 metres for use by pedestrians shall be reserved at all times. No items, including, but not limited to patios, sandwich board signs, bike racks, benches, etc., shall be located within the sidewalk clear zone; Crosswalk clear zone: Patios shall not be located within 6.0 metres of the approach side of a crosswalk, measured in a straight line parallel with the curb as shown on Appendix B ; Patios shall not be located where visibility or pedestrian or vehicular safety is deemed to be an issue by the City of Fernie; and Patios are to be constructed off-site. 8.3 Unique Patio Locations Consideration will be given to unique patio locations on City of Fernie property. The following are examples of unique patio locations: Flanking Patios Sidewalk Patios Patios on City property (Not in Highway) 8.4 Design / Construction Standards All patios shall: Provide a sidewalk clear zone (pedestrian thoroughfare) of 2.5 metres when the patio is allowed to encroach into the sidewalk area from the curb; Design of patios may incorporate City of Fernie trees, however where a City of Fernie tree is incorporated, it must be accessible for watering; Maximum deck height of a patio shall be 0.4 metres above the height of the top of the curb to allow for designs that compensate for the crown of the road; Not extend more than 2.5 metres [parking stall width is 2.9 metres] into the street (perpendicular to the curb) nor beyond the frontage of the parent business (parallel with the curb) without written support provided as part of the application; where such written support has been provided, patios may extend up to 9.0m beyond the frontage of the parent business (parallel with the curb); Include railings on all sides that are exposed to the street that are 1.07m (42 inches) in height from curb elevation, with the exception of flanking patios with parent businesses that do not serve alcoholic beverages; Include spacing between railing pickets that be no more than 4 inches (102mm) apart; Include a railing constructed of wood, aluminum and/or wrought iron;
City of Fernie Outdoor Patio Policy Page 8 of 11 Not include any projections more than 0.2m (8 inches) beyond the edge of the platform. All proposed outdoor structures such as but not limited to tables, chairs, flower baskets / boxes and umbrellas shall be contained within the outdoor patio permit area and the 0.2m projection allowance; Not include any umbrellas extending above the clear sidewalk width, less than 2.0m above sidewalk level; Not include any permanent furnishings; Not include benches (fixed or non-fixed) along the railing; Not alter the sidewalk or street surface, such that all materials in the public realm must remain intact and unharmed; no anchoring to the sidewalk or street surface shall be permitted; no point load designs shall be permitted; Include reflectors on the railings for visibility in traffic; Include stand alone solar lights if lighting is preferred; and Include landscaped planters, planting boxes or baskets around the perimeter of any sidewalk patio. The applicant is responsible for the purchasing and maintenance of the plant material. 8.5 Patio Furniture All proposed patio furniture (tables, chairs, flower baskets/boxes, umbrellas, etc) must be taken inside or stacked and secured (ie. chained and locked) on the patio during hours that the patio is closed to avoid possible loitering, theft or vandalism. 8.6 Signage Signage only as permitted per the City of Fernie Consolidated Sign Bylaw No. 1888; 8.7 Accessibility All patios shall: Be accessible to persons with disabilities; Not obstruct any life safety equipment or the means of egress from any portion of any building; and Provide pedestrian flow, as pedestrian safety will be given priority in City review of patio applications. 9. PERMIT TERMINATION 9.1 Conditions for Termination of Permit Permits may be revoked under the following circumstances:
City of Fernie Outdoor Patio Policy Page 9 of 11 Non-compliance with the patio deadlines as set in sections 3 of this policy; Non-compliance with the patio operating conditions as set in section 7 of this policy; Non-compliance with the patio design standards as set out in section 8 of this policy; Requirement of the City of Fernie to use the land under which the patio is constructed, with 24 hours notice, except in the case of an emergency; Non-compliance with City of Fernie requests to change the configuration of the patio should issues arise, such as unanticipated safety concerns; and Non-compliance with applicable City of Fernie bylaws. 9.2 Warning Notice Warnings for non-compliance shall be given in the following order: 1. Verbal Warning A verbal warning will be issued for a first offence and shall be rectified within 24 hours of warning. Failure to come to an agreement on steps to bring the patio back into compliance may result in a written warning be issued. This agreement can be reached by a verbal exchange in person, via telephone or via an email. 2. Written Warning A written warning will be issued for failure to provide verbal agreement and rectification of violation or for a second violation of the rules and regulations set out in this policy. 3. Termination of Permit A permit may be terminated by the approving authority for a third violation or following a written warning being issued. If a permit is terminated for non-compliance, a new application cannot be submitted until the start of the next three (3) year cycle.
City of Fernie Outdoor Patio Policy Page 10 of 11 APPENDIX A
City of Fernie Outdoor Patio Policy Page 11 of 11 APPENDIX B