Departments » Planning and Sustainability Services » Economic Development
Sidewalk Café and Pop-up Patio Program
This program applies to the use of City-owned road right-of-ways by adjacent eating and drinking establishment for the purpose of serving food and drinks to patrons.
A Sidewalk Café is a group of tables, chairs and other accessories situated and maintained on a public sidewalk or boulevard for the consumption of food and beverages sold to the public from an adjoining business.
A Pop-up Patio is a group of tables, chairs and other accessories situated and maintained on a roadway, which includes the temporary conversion of designated parking stalls located on a roadway for the consumption of food and beverages sold to the public from an adjoining business.
- Development Permit fee is $350.
- Building Permit fee of $150 (if any decking or ramps are required).
- Decks/ramps must meet design requirements of Building Code for accessibility standards. Decks will require a design sealed by a structural engineer. Consider the costs associated with engaging a design professional.
- Parking meter fees (applicable only in the case of a pop-up patio in a metered zone).
- Bagged parking meters: Council has waived the bagged meter fees for the 2022 season.
- $5,000,000 Public Liability Insurance is required.
- The side walk café or pop-up patio must be removed at end of each season.
Review the Lease, Encroachment and Property Use Policy, and Sidewalk Café and Pop-up Patio By-Law 2021-27. You must be able to meet all of the criteria laid out in these documents.
Sidewalk cafés and pop-up patios:
- Must be generally adjacent to business frontage.
- Cannot be within 6 m of a stop sign or intersection unless appropriate traffic control measures are in place.
- Cannot block access to an adjacent building or fire department connections, fire hydrants, or utility maintenance features.
- Must provide general liability insurance of $5,000,000 with City of Whitehorse named as additional insured.
- Development Officer has authority to attach conditions and limit the term of the permit.
Sidewalk cafés only:
- 1.6 m of sidewalk must remain free and clear for pedestrian use.
Pop-up patios only:
- Must be Downtown.
- 6 m must be available between the outside edge of the patio to the inside limit of the traffic lane (i.e. the centreline of the road, in most cases).
- Cannot occupy an accessible parking space.
Pop-up patios
Location:
- Must be generally adjacent to business frontage.
- Cannot occupy more than 3 angle or 2 parallel parking spaces.
- Must provide 6 metres between the outside edge of the patio to the inside limit of the traffic lane.
- Cannot be within 6 metres of a stop sign or intersection unless appropriate traffic control measures are in place.
- Cannot occupy an accessible parking space.
- Cannot block access to an adjacent building or fire department connections, fire hydrants, or utility maintenance features.
- Must allow adequate space for vehicle access/egress from adjacent parking stalls or and driveways.
Design:
- No permanent modifications are allowed (e.g. no anchoring into asphalt, no removing trees, etc.).
- Must have partitions that separate the patio from vehicular traffic along all street sides and pedestrian traffic along the sidewalk side.
- Must be wheelchair accessible.
- Decks or ramps must be designed and built in accordance with National Building Code regulations.
- Design, materials, and colours must complement the parent business’s façade.
- Advertising cannot be affixed to partitions.
Sidewalk Cafés
Location:
- Must be generally adjacent to business frontage.
- Cannot block access to an adjacent building or fire department connections, fire hydrants, or utility maintenance features.
Design:
- No permanent modifications are allowed (e.g. no anchoring into asphalt, no removing trees, etc.).
- Minimum 1.6 metres of sidewalk must remain free and clear from obstructions for pedestrian passage.
- Partitions are required if serving alcohol. Partitions shall be designed in accordance with 2.10.8 of Lease, Encroachment and Property Use Policy.
- Must be wheelchair accessible.
- Decks are not permitted, except to level a significant grade difference or to harmonize indoor/outdoor seating levels.
- Design, materials, and colours must complement the parent business’s façade.
- Advertising cannot be affixed to partitions.
Development permit
The following must be submitted to development@whitehorse.ca or in person at Land and Building Services, 6-151 Industrial Road:
- Application form 1A;
- Letter of intent;
- Photographs of parent business frontage and proposed permit area;
- Site plan showing:
- Location and dimensions of proposed permit area;
- The location and dimension of passageway free and clear of any obstruction (if the proposed permit area includes a sidewalk);
- The location and relative distance of any permanent fixtures placed by the City;
- The location of the business entrance;
- The number of tables and chairs for a sidewalk café or pop-up patio;
- The type of fence or railing if required;
- Any proposed amenities or accessories such as heaters, flower baskets, umbrellas, awnings, display tables or racks, tables and chairs, etc.
- Plans for ramp or deck, if applicable.
- Proof of valid business licence;
- Proof of liability insurance; and
- Application fee of $350 (instructions for payment will be provided after submission).
Building permit
- Once you have your development permit, submit your application for building permit to adminbuilding@whitehorse.ca or in person at Land and Building Services, 6-151 Industrial Road.
- Application form.
- Plans for ramp or deck.
- Fee.
- Call for inspection prior to beginning operations.
- Insurance must be kept in force at all times.
- Must be kept in neat and tidy condition at all times.
- Noise during operation should not unreasonably disturb other users or adjacent residents. Noise is regulated by sections 42 and 43 of the Maintenance Bylaw.
- Hours of operation shall be same as parent business, except the City may limit operation to no later than 11:00 p.m.
- Expiry date of permit will be stated on the development permit. All modifications made to the permit area must be removed upon expiry.
- Obtain a licence to serve liquor from the Government of Yukon if you're intending to serve liquor in the sidewalk café or pop-up patio.
- A sidewalk café or pop-up patio does not increase your occupancy limit.