Why are zoning changes needed for Permanent Open Restaurants?ĭuring the COVID-19 ban on indoor dining, New York City suspended existing outdoor dining regulations, including zoning location rules. Learn more about Permanent Open Restaurants from DOT here. Applications for the sidewalk café program and a new roadway café program would be consolidated under one agency, the Department of Transportation (DOT).

This amendment to NYC’s Zoning Resolution complements proposed legislative changes that would cut red tape for restaurant owners. But, the areas where they can be considered now expands to all neighborhoods. The zoning amendment does not change the process for how sidewalk cafes are reviewed by local community boards. To be eligible for a sidewalk café, restaurants need to meet physical criteria - such as “clear path” requirements, including ensuring that table and chairs are appropriate distances from fire hydrants and neighboring businesses. As part of this program, the Department of City Planning and Department of Transportation proposed a zoning text amendment to remove geographic restrictions on where sidewalk cafes can be located within NYC. New York City is working to create a permanent, streamlined Open Restaurants program. The City Council approved the Open Restaurants zoning text amendment on February 24, 2022.

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