Sidewalk Café and Pop-up Patio Program

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.

• Sidewalk Café and Pop-up Patio By-Law 2021-27
• Lease, Encroachment and Property Use Policy
• Application for Development Permit Form 1A
• Application for Commercial, Industrial, Institutional Building Permit
• Government of Yukon Liquor Licencing information

• 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.