As you are aware, the sidewalk cafe and patio season is upon us.
During the recent municipal election, much concern was made with respect to the health and vitality of Downtown Guelph. I questioned what exactly was it that made people think that the health of Downtown was in deterioration. After all as you know there is a very high occupancy rate in Downtown Guelph. I can’t think of a vacant store front (Gummer Building and Old Quebec St. notwithstanding) in Downtown Guelph.
People said that not only was it the look of downtown as it was as much the feel of downtown. Not enough people in the downtown shopping, dining and entertaining themselves. Too much litter, graffiti and an overall feeling of neglect.
One of the many suggestions was that people on the street sitting in cafes enjoying life, give other people the impression of a warm and inviting place to be. People in sidewalk cafes also helps to calm the street. More eyes and ears watching the events going on around them. A level of sophistication and maturity.
I have talked to a number of restaurant and cafe owners and there are a number of issues preventing sidewalk cafes from successful operation. These include limited hours of operation (currently downtown patios must close at 11pm), lines of accessibility and encroachment agreements with the City.
This Mayor and City Council are very supportive of the downtown and have approved a number of initiatives to make significant improvements. The Downtown Incentives Study approved at the April 16th meeting of City Council will go a long way to help to make Downtown a good place to invest.
I do not know if I am putting the cart ahead of the horse on this issue but I believe that the sidewalk cafe by-law could be something that is easily changed and would help to continue to improve the look and feel of downtown.
I’m not sure if this image is what people are thinking about when they envision a sidewalk cafe Patio madness?
I think that Downtown Guelph can do better.
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The following is Schedule “B” to the City of Guelph Downtown Sidewalk Encroachment By-law (2005)-17789.
Special Conditions Relating to Encroachment Agreement for Commercial Patios
1. Operation shall be limited to the period between April 1st to October 31st[j1] [j1], inclusive, of any year during the term of an encroachment agreement.
2. Operation shall be limited to the period between 7:00 a.m. and 11:00 p.m. and the commercial patio shall, at all other times, be closed.
3. The commercial patio shall at all times be operated in accordance with the City’s Noise By-law (2000)-16366, as amended from time to time, or any successor.
4. Cooking shall not be permitted within the commercial patio.
5. Any equipment located in a commercial patio that is not used on a daily basis for a period of two (2) calendar days or greater shall be removed by the owner from the City-owned Lands.
6. No signage shall be permitted in the commercial patio with the exception of a menu displayed within the commercial patio or affixed to a fence delineating the commercial patio. Any such signage must comply with the City’s Sign By-law.
Sidewalk Surface
7. Artificial surfaces shall not be placed upon any part of the commercial patio unless expressly permitted in the encroachment agreement.
8. The commercial patio shall at all times be kept in a clean, tidy, and sanitary state free from papers, rubbish and debris of all kinds.
Fencing Requirements
9. The commercial patios shall be enclosed with a non-permanent free-standing, fence around the perimeter of the commercial patio. Unless otherwise specified in the encroachment agreement, fencing shall meet the following specifications:
(a) Fencing shall not be permitted within 2.0 metres of a fire hydrant;
(b) Fence openings for entrance and exit shall have a minimum width equal to that of the entrance of building from which the commercial patio emanates or 1.0 metre, whichever is the greater;
(c) At least one fence opening shall be designed so as to permit easy access by a person in wheelchair;
(d) Fencing shall not be less than 0.8 metres in height nor more than 1.2 metres in height, but not greater than 0.8 metres in height when located within 30m of an intersection of streets, measured from the curb of said intersecting streets;
(e) Fencing shall not be located within 0.5 metres of adjacent buildings without the express written permission of the owner of the adjacent building;
(f) Fencing shall not be located within 1.0 metre of the curb of a travelled roadway;
(g) Fencing shall not be affixed to any street furniture or fixture including, but not limited to, benches, trees, bollards or poles;
(h) Fencing must be designed and installed in such a fashion that it can be easily removed; and
(i) Fence posts and rails must be constructed of materials to the satisfaction of the Commissioner of Environment & Transportation or his or her designate. Fence posts must be of a rigid material such as metal, wood or plastic. The use of ropes and chains are permitted as fence rails. Fabric inserts are optional.
11. No deviation from the approved table or seating arrangement, or the overall dimensions or location of the Patio Area or location of the entrances or exits shall be permitted without prior written approval of a Designated Staff Person[j2] [j2]. Designated Staff Persons are hereby specifically authorized to provide written approvals under this Section