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New York City


FRUSTRATED BY OUTDOOR DINING SHEDS? NYC SIDEWALKS ARE ABOUT TO CLEAR UP


THE FINAL LIST OF RULES ARE OUT FOR THE CITY'S PERMANENT OUTDOOR DINING PROGRAM,
WHICH ARE SET TO TAKE EFFECT IN MARCH

BY ANDREW SIFF • PUBLISHED FEBRUARY 2, 2024 • UPDATED 15 MINS AGO


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New York City published its final rules for outdoor dining structures as part of
the permanent year-round program. News 4’s Andrew Siff reports. 

New York City has released the final rules of its permanent outdoor dining
program designed to keep sidewalks clear for pedestrians and put limits on how
long restaurants can keep their structures out on the road.

Among the biggest changes to the program popularized during the COVID-19
pandemic is the elimination of the much debated shed structures. The city is
eliminating the use of enclosed structures by requiring outdoor dining setups be
open-air and easily moveable.

Previewed in renderings published last fall, the city says outdoor structures
have to be wheelchair accessible. They also must be a certain size and will have
to include drainage and barriers as well.

Permitted restaurants can serve food in sidewalk seating all year round, but the
structures out on the road will only be allowed from April until the end of
November. The road structures must be constructed in a way that crews can take
down and store the setups during the winter months — using things like canopies
and soft top umbrellas, with no hard enclosures allowed.

> Get Tri-state area news and weather forecasts to your inbox. Sign up for NBC
> New York newsletters.

Also, restaurants can now use loading zones for their outdoor dining areas, but
cannot take up metered parking spots. The outdoor areas also must shut down by
midnight, not 1 a.m., as restaurant owners had proposed. There will be more
options for the design of barriers as well.

The rules come down a month before they're scheduled to take effect -- March 3
-- when applications come online for restaurants seeking city approval.
Officials expect restaurants will be able to get their new outdoor setups ready
in time for the summer.

"The new program draws on lessons learned from the temporary outdoor dining
program created during the COVID-19 pandemic, which saved 100,000 jobs across
the city but led to quality-of-life issues as a subset of restaurant owners were
unable to maintain loosely regulated outdoor dining setups," the mayor's press
release said Friday.


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There are also specific specifications laid out for sidewalk structures to
maintain a clear walkway for pedestrians. Restaurants will also be required to
keep emergency lanes clear.

According to the mayor's office, the final rules are designed to create a more
robust, "lighter-weight" experience across all five boroughs of the city. Once
in effect, the program will look significantly different from the state of the
outdoor dining just a couple years ago.

“Between Dining Out NYC, our campaign to get trash bags off of New York City
streets, our efforts to remove scaffolding that has been up for far too long,
and the hundreds of millions we’re investing in public realm projects across the
city, we’re fundamentally transforming what it feels like to be outside in New
York,” Mayor Eric Adams said in a statement.


One significant change in the policy: outdoor structures can only be in position
from April to November. News 4's Jessica Cunnington reports.
Copyright NBC New York

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