The Town of Milton is continuing its seasonal patio extension program in 2024, as an ongoing effort to support local businesses. Applications for 2024 patios are now open. The 2024 program will run from May 18 until Oct. 31.

Applying for a seasonal patio

All applicants must complete the application form below, whether you are a returning or new applicant, and include the following documents:

  1. Proof of liability insurance for $5,000,000
  2. Proof of an existing liquor licence, if applicable
  3. Signed letter of permission from the property owner (if not registered owner)
  4. Site plan (see site plan instructions below)
  5. Encroachment agreement, if applicable

The Town has designed a quick renewal process for businesses with an approved site plan from last year's program. If you have an approved site plan from last year, and are not making any changes to your patio, you do not need to submit an updated site plan.

Apply for a Seasonal Patio

Please note: If approved, businesses must display their permit once their patio is open to the public.

Restaurant owners must notify the Alcohol and Gaming Commission of Ontario (AGCO) before they start selling and serving liquor on their seasonal patio.

New for 2024: Completed applications along with supporting documentation must be received by April 19 to enable approval for May 18.

Resources

Business owners should also review the Patio Guidelines document provided by the Ontario Traffic Council. 

Frequently asked questions

What is the application process?

1. Fill out the application above and submit required documents.

2. Town staff will be in touch to discuss your application and inquire about any missing information.

3. If your patio is on public property, you will need an encroachment agreement with the Town.

4. If your proposed patio includes a structure, you may need a building permit.

5. If your application is approved, you will receive an email, requesting payment for all applicable fees.

Are there guidelines I need to follow for my seasonal patio?
In addition to compliance with any health and safety requirements and conditions of liquor licensing (if applicable) the following will be required as conditions of approval for temporary patios:
  • Adherence to hours of operation
  • Adherence to provincial and regional public health guidelines
  • No amplified noise for temporary outdoor patios (i.e., no outdoor music or dancing, and adherence to existing noise by-laws will be required)
  • Clearance from the Fire Department with respect to occupancy load and capacity
  • Posting of signage will be required with respect to physical distancing
  • Compliance with applicable zoning provisions
  • Cash-in-lieu of parking agreements or encroachment agreements
  • Maintaining safe vehicle circulation, pedestrian access and access for deliveries and waste management

Minimum zoning requirements

  • Your proposed patio must be set back a minimum distance of:
    • 1.0m from the mutual property line shared with a municipal road
    • 1.5m from all other property lines
    • 1.2m from a parking area (i.e. parking spaces and aisles)
  • Other provisions may apply depending on adjacent land uses

Zoning relates to temporary, unenclosed, outdoor patios. If any kind of enclosure is contemplated, it should be discussed with Town staff for feasibility and requirements. 

Requirements for structures

  1. Any temporary or permanent enclosures are subject to approvals as per the Ontario Building Code. Structures should only be installed once a building permit has been issued.
  2. Patio heaters, both portable and fixed, and open-flame units are designed for outdoor use only. If used near flammable tents, enclosures, table cloths or paper products there is a risk of fire or carbon monoxide poisoning. Keep heaters three feet from combustibles and keep fire extinguishers close by.
  3. Please work with the property owner to ensure the patio does not interfere with safe access and egress for persons and vehicles.

 How do I create a site plan?

Businesses are encouraged to use our self-serve site plan tool. You can access the Town's serve-self tool when filling out the application form. Watch the video below to learn how to use the tool.

How to use the Town's self-serve site plan tool

What if my proposed patio is on public property?
If your proposed property is on public property, you will need an encroachment agreement with the Town. After you submit your application, Town staff will reach out to you and let you know if your proposed patio is on public property. There is a subsequent fee required for an encroachment agreement.

Is there a fee?

Fees normally associated with outdoor patio permits have been waived for 2024, with the exception of fees legally required. The cash-in-lieu of parking fee will be $1 for each existing space occupied by the patio and associated buffer area, and for each space required for the new patio area.

Required fees will be calculated and provided to the applicant as the permit is processed. Fees are due upon receipt of the patio permit. Applicants can submit payment by mail, phone, drop-off or in-person.