
The zoning text amendment will allow the operation of sidewalk cafes in areas previously excluded under the zoning text. Image Credit: NYC DOT
City Council still needs to pass legislation establishing the program. On February 24, 2022, the City Council voted to approve the zoning text amendment that will remove geographical restrictions where sidewalk cafes can operate across the city. This vote completes the first step in the creation of a permanent open restaurant program. (read more…)

Roadway dining, like at this restaurant in Bay Ridge, will look like this and move away from enclosed sheds under the proposed permanent open restaurant plan. Image Credit: NYC DOT
Many elected officials raised concerns about DOT’s ability to handle the scale and capacity of a citywide permanent open restaurants program. On February 8, 2022, the City Council Subcommittee on Zoning and Franchises held a joint hearing with the Committee on Consumer and Worker Protection on the proposed permanent open restaurant program. The proposed permanent open restaurant program will replace the temporary program and establish a new streamlined program for the creation, management and enforcement of sidewalk and roadway cafes operated by the Department of Transportation. As of the writing of this article, 12,133 restaurants and cafes are participating in the temporary open restaurant program, which is set to expire at the end of 2022. For CityLand’s prior coverage of the permanent open restaurants program approval process, click here. (read more…)

Image Credit: NYC DOT.
Many residents and community board members complained of quality of life issues, including noise, trash, cigarette smoke, and loss of parking. On October 6, 2021, the City Planning Commission held a public hearing for the Permanent Open Restaurants program. The Permanent Open Restaurants program will formalize a process for restaurants to operate sidewalk or roadway cafes in a shortened process. The proposed permanent program follows the popularity of the temporary open restaurants program, which was created last year to allow restaurants to conduct outdoor dining in response to the COVID-19 pandemic. (read more…)

Roadway cafe in Brooklyn. Image Credit: NYC DOT.
Community boards in support and against the application had concerns about quality of life issues and community board involvement in future reviews. Last year’s Open Restaurants program was established to allow restaurants to operate sidewalk or roadway cafes without the extensive approval process to provide safe outdoor dining options during the COVID-19 pandemic. As the program was enabled through an emergency executive order that temporarily suspended the sidewalk café application process, a permanent program would require changes to laws and agency rules. The first step is a proposed zoning text amendment to get rid of the geographical restrictions of where sidewalk and roadway cafes can be located. While zoning text amendments do not need to go through the full ULURP process, it is customary for the Department of City Planning to seek the feedback of community boards for these applications. (read more…)

Examples of freestanding gas heaters. Image Credit: NYC DOB
Three heating options were unveiled. On October 14, 2020, Mayor de Blasio on behalf of the Department of Buildings, Department of Transportation, and Fire Department of New York released guidelines for restaurants staying open for outdoor dining during the fall and winter. These new guidelines align with Mayor de Blasio’s recovery agenda to set New York City up to be the world’s capital for healthy outdoor living. This is not the first time New York City has reimagined its use of open spaces. In the 19th century, following a Cholera outbreak, the City began a period of open space creation that lead to the development of Central Park. (read more…)

Image Credit: SBS
The consultation focuses on state guidelines, outdoor seating, accessibility and personal protective equipment. On July 16, 2020, NYC Department of Small Business Services Commissioner Jonnel Doris announced the expansion of free virtual consultation services for small businesses in order to help them open up properly under the Open Restaurants guidelines and avoid fines and penalties. (read more…)