Three situations where someone other than the property owner has a say: outdoor seating that competes with required site area, anything overhead that crosses onto City land, and a terrace that belongs to a strata plan rather than to the resident.
01
Outdoor seating may be unenclosed, but cannot take required site area
The Zoning Bylaw lists accessory outdoor seating for patrons of a permitted restaurant, liquor primary establishment or liquor manufacturing use among the uses that need not be enclosed within a building, provided the seating does not encroach upon areas for parking, pedestrian circulation, loading or landscaping otherwise required under the bylaw.
02
Canopies and awnings over City land need a permanent encroachment agreement
The City names canopies, awnings and balconies explicitly among the things a property owner may apply to place on City owned or controlled land. It is an Engineering and Public Works application reviewed case by case, with proof of five million dollars third party liability insurance naming the City as additional insured, annual renewal of that proof, an annual permit fee, and a review that may take up to six weeks.
03
Permanent does not mean what it sounds like
Two terms are worth reading before committing to a frontage design. The agreement runs with the property regardless of who owns it, and the City states it "reserves the right to direct the permanent encroachment be removed at any time on reasonable notice." That is an argument for a system that can be taken down and refitted rather than one built in place.
04
Coquitlam regulates enclosed balconies in the Zoning Bylaw
Section 529 requires an enclosed balcony to facilitate natural ventilation with at least 80 percent of the window area openable, not to enclose mechanical ventilation intakes and outlets within the space, to function as an unconditioned and unsealed space, to be constructed with an impervious floor system with adequate drainage, and not to function as a habitable room. Those last conditions effectively rule out treating an enclosed terrace as an extra room.
05
The terrace has to be common or limited common property
The same section requires the balcony, as part of a strata plan, to be located in an area designated as limited common property or common property. Where the terrace is not designated that way the zoning condition is not met, which is a question for the strata plan before it is a question for the product.
06
Who is allowed to apply
The City limits building permit applications to the owner or an authorized agent using its own form. On strata property the registered owner of the terrace area is frequently the strata corporation rather than the resident, so that authorization is sorted before an application exists. Where a change falls under a development permit amendment instead, the City asks for proof of strata council approval as part of the submission.