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.

The public engagement process will continue into the new year. On November 18, 2021, the de Blasio administration announced the schedule for the Permanent Open Restaurant Program public engagement process. The proposed permanent open restaurant program will establish a new streamlined program for the creation, management and enforcement of sidewalk and roadway cafes operated by the Department of Transportation. (read more…)

Image Credit: NYC DOT.

The zoning text amendment now moves on to City Council for approval. On November 15, 2021, the City Planning Commission voted to approve the Permanent Open Restaurants Program zoning text amendment in a special public hearing. The proposed Permanent Open Restaurants program will transfer the control of sidewalk cafes to the Department of Transportation from the Department of Consumer and Worker Protection (formerly Consumer Affairs) and aims to create a more streamlined approval process for sidewalk cafes.  (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…)