LPC Approves Outdoor Dining Program Permit Rules

On May 9, 2024, the Landmarks Preservation Commission approved rule amendments dealing with sidewalk and roadway cafes. The changes follow the creation of the Dining Out NYC Program, the city’s permanent outdoor dining program, which allows for permanent removable sidewalk cafes year round and removable roadway cafes from April through November. While the outdoor dining program is operated by the city’s Department of Transportation, other city agencies like the Landmarks Preservation Commission have had to establish rules for how their agency interacts with aspects of the program. 

Restaurant owners in historic districts who want to build sidewalk and roadway cafe installations will not be required under the new rules to apply for permits from the Landmarks Preservation Commission as long as their proposed designs meet the Dining Out NYC guidelines and the build out does not attach to a designated building or historic pavement. 

Landmarks Chair Sarah Carroll stated, “Our city’s amazing restaurants have played a critical role in New York City’s economic comeback, and the new Dining Out NYC guidelines developed in partnership with DOT and LPC establish criteria that ensure these sidewalk and roadway cafes will enliven our streets and contribute to the vibrancy and vitality of our city’s historic districts. Today’s vote reflects the Commission’s steadfast commitment to the economic success of our city’s historic districts, and our continued support for small business owners in landmark buildings who are looking to grow their businesses as part of the Dining Out NYC program.”

Small Business Services Commissioner Kevin D. Kim stated, “Outdoor dining saved our city’s bars, restaurants, and cafes during the peak of the pandemic, and fundamentally changed the way we view our city streets. “I want to thank LPC for their unanimous decision that ensures NYC will continue to have the greatest outdoor dining scene in the world.”

By: Veronica Rose (Veronica is the Editor of CityLand and a New York Law School graduate, Class of 2018.)



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