Definition of "Below Curb"
Click to enlarge "Below Curb" illustration(JPG, 1MB)
"Below curb" patios are temporary patios where any portion is located in on-street parking or vehicle travel lanes.
Temporary Permit Expiration and Transition Dates
New applications for temporary patios will not be accepted for "below curb" locations after October 31, 2022. Outdoor dining areas that have already received temporary permits before October 31, 2022, and are in good standing (meaning that renewals are on time and the patios are meeting the requirements of the permit) may continue in place through December 31, 2023.
To continue long-term beyond December 2023, businesses will need to apply under the Outdoor Places Program by September 30, 2023, and be fully permitted by December 31, 2023. Applications and draft rules for review will be announced here as they become available. Sign up for email notifications.
Why Do I Need to Re-apply?
With a new, permanent Outdoor Places Program, businesses will be able to invest in a long-term setup, and with that, comes the need to take a closer look at how we are ensuring safe and inclusive access and promoting a functional, vibrant public realm.
It is anticipated that some of the pre-pandemic rules will be reinstated with the development of the Outdoor Places Program. This may mean some applicants approved under the temporary program need to make changes to their outdoor design, or even their building, in order to continue on a long-term basis.
While specific regulations are currently in development, changes may be needed to address items such as:
- Access for emergency services
- Access for persons with disabilities
- User safety
- Design quality
- Neighborhood impacts
- Parking requirements
- Utility and snow removal needs
- Bicycle connectivity
- Transit access and other curbside demands
The city expects to share draft rules for “below curb” patios by April 2023.
Right-of-Way Encroachment Permit
If you want to apply to use the public right-of-way under the city's existing (pre-pandemic) regulations, you may apply for a permit under the current Right-of-Way Encroachment Permit program from the Department of Transportation and Infrastructure (DOTI).
If you have a liquor license, you will also need to submit a request for a permanent modification with the Department of Excise and Licenses.