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by Mila Goldman Moore
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This month, Mila helps us understand the Sidewalk Cafe approval process, and shows us areas where they are not permitted. |
February 2003
Sidewalk Cafes in New York City are regulated by, among others, the Department of City Planning and its Zoning Resolution. The essential reason that cafes are governed by zoning regulations is due to the fact that by their very nature, sidewalk cafes are in the public realm. They are built upon city owned property, the sidewalks themselves.
The Resolution defines a sidewalk café as a portion of an eating or drinking place, located on a public sidewalk that provides waiter or waitress service.
The Zoning Resolution identifies two types of sidewalk cafes:
- unenclosed : Permitted to have a retractable awning or umbrellas.
- enclosed : Enclosed sidewalk cafés can only be one story and may only be constructed of removable materials such as glass, slow burning plastic or lightweight metal.
Rules to Follow:
In order to ensure safety for pedestrians on the sidewalk adjacent to sidewalk cafes, there are a few simple rules that must be followed:
- There must be a minimum width of 8 feet “passable sidewalk” for pedestrians.
- There must be a minimum width of 15’ from bus stop shelters, newsstands and subway entrances.
- The awning must retractable and be made of non-combustible or fire resistant materials. Most awning manufacturers have special flame-proofed canvas or cloth fabric for this purpose.
- Only the name and type of establishment may appear on the umbrella or the valance of the awning, otherwise, a SIGN PERMIT will be required. Signs will be discussed in the March newsletter.
- The awning cannot be lower than 7’ tall and the awning valance can only be 12” high.
- Any railings or planters cannot be higher than 30”.
- Café furniture cannot be leaded, cemented, nailed, bolted, power riveted, screwed in or affixed to the sidewalk or building. Between December 1 and February 28, tables and chairs must be removed. Planters may remain, but they must be moved adjacent to the building façade and must not block egress from the restaurant.
- The café must be accessible by persons with physical disabilities.
New York City permits 18" projections beyond property lines over city owned property, like sidewalks. The Zoning Resolution makes exception to this via permission that is called Revocable Consent. Revocable Consent is written permission to construct on New York property beyond the 18" projection as long as certain additional pedestrian protection is in place.
Points to Remember:
- Make sure to collect the refundable deposit from the city once your café is no
longer in operation.
- Make sure to notify your neighbors by certified or registered mail that you plan to
file an application for a sidewalk café permit. Notification to neighbors is
required for renewals, too. Currently, café permits are issued for one year;
renewals can be issued for up to five years (or through the period remaining on
the restaurant lease).
- Sidewalk cafes are permitted in Historic Districts and at designated Landmark Buildings only if additional approval is granted by the Landmarks Preservation Commission.
Locations Allowed:
Zoning controls the allowed locations of Sidewalk Cafes. Be sure to check here before you begin the process.
Areas where no sidewalk cafes shall be allowed:
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map of areas not permitted
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No sidewalk cafes are allowed south of Chambers Street or Frankfort Street, except with special permission.
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map of areas not permitted
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- Canal Street - the entire length
- Bowery - from East Broadway to Canal Street
- Elizabeth Street - from Bayard Street to Canal Street
- Mott Street - from Park Row to Canal Street
- Eighth Street - from Avenue A to Avenue of the Americas
- 14th Street - from Second Avenue to Eighth Avenue
- Bleecker Street - from Bank Street to Mercer Street (no enclosed cafes permitted, only unenclosed cafes permitted)
- Greenwich Avenue (unenclosed cafes are permitted)
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- Canal Street - the entire length
- Orchard Street - from Canal Street to Houston Street
- Delancey Street - from Norfolk Street to Bowery
- Bowery - from East Broadway to Canal Street
- Elizabeth Street - from Bayard Street to Canal Street
- Pell Street - the entire length
- Mott Street - from Park Row to Canal Street
- Mulberry Street - from Worth Street to Canal Street
- Bayard Street - the entire length
- Doyers Street - the entire length
- All streets facing Chatham Square
- Eighth Street - from Avenue A to Avenue of the Americas
- Broadway (enclosed cafes are permitted)
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Contact Us today if you have questions about the NYC Zoning Process, or for a free quote on your project.
By telephone: 1-800-540-7024
By email: pwolfe@pwolfe.com
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