§ 5-11 Design Requirements.
RCNY § 5-11
(a)Sidewalk Cafes.
(1)Siting Requirements for Sidewalk Cafes other than Enclosed Sidewalk Cafes.
(i)Open-Air. A sidewalk cafe, other than an enclosed sidewalk cafe, shall be open-air and shall contain only readily removable tables, chairs and other removable decorative items.
(ii)Frontage. A sidewalk cafe, other than an enclosed sidewalk cafe, shall be limited to the sidewalk or sidewalk widening that is directly in front of the ground floor restaurant that is operating such sidewalk cafe.
(iii)Clear Path. A clear path shall remain on the sidewalk or sidewalk widening in front of the ground floor restaurant operating a sidewalk cafe, other than an enclosed sidewalk cafe, after installation of such sidewalk cafe. (A) The minimum width of the required clear path shall be the greater of: 1. The width provided in the table below for the corridor category of the street on which the sidewalk cafe is located; or 2. Fifty percent (50%) of the width of the sidewalk, including any sidewalk widening. The corridor categories are set forth in the Department’s NYC Pedestrian Mobility Plan, which is available on the Department’s website. Corridor CategoriesRequired Clear PathGlobal Corridors12 FeetRegional Corridors10 FeetNeighborhood Corridors8 FeetCommunity Connectors8 FeetBaseline Streets8 Feet (B) Notwithstanding clause (A), on regional corridors, the minimum width of the required clear path shall be 8 feet where the following conditions are satisfied: 1. Maintenance of a 10-foot clear path after installation of such sidewalk cafe is not feasible; and 2. Such sidewalk cafe is located within an area where only small sidewalk cafes were permitted prior to the date these rules take effect, as shown on the Department’s website. (C) Notwithstanding clause (A), on global corridors, the minimum width of the required clear path shall be 8 feet for any sidewalk cafe adjacent to an arcade that provides at least 6 feet of an unobstructed path for the length of the block in accordance with the New York City Zoning Resolution. (D) The clear path is measured from the outer edge of the perimeter of the sidewalk cafe to the nearest element or object, including a pedestrian ramp, installed or affixed to the sidewalk between such perimeter and the nearest curb line, or if there is no such element or object, to the nearest curb line.
(iv)Clearances. The following minimum distances are required between a sidewalk cafe, other than an enclosed sidewalk cafe, and the specified element or object: Element or ObjectMinimum Required DistanceElement or ObjectMinimum Required DistanceSubway Stair: Open End (Entry Side)15 FeetSubway Elevator Entrance10 FeetExhaust Ducts10 FeetMTA or FDNY Curb Cuts10 FeetEdges of Street Tree Beds8 FeetMailboxes8 FeetLinkNYC Kiosks, Wayfinding Kiosks, E-Charging Stations, Parking Meters; Select Bus Service Fare Machines8 FeetNewsstands8 FeetStreetlights8 FeetBus Stop Poles8 FeetFire Hydrants8 FeetBus Stop Shelters8 FeetTraffic Signals8 FeetCiti Bike/Bike Share Stations, Bike Corrals, Micromobility Stations5 FeetPrimary Building Entrances5 FeetCurb Cuts5 FeetEmergency Exit Hatches5 FeetSubway Stair: Closed-End (non-entry)5 FeetSubway Elevator: Non-Entry5 FeetSiamese Connections and Standpipes5 FeetElevated Train Infrastructure (e.g., support beams, etc.)3 FeetTransformer Vaults3 FeetVent Infrastructure (e.g., utility vent poles, ventilator grates, subway grates, etc.)1 foot 6 inches (v) Covering Restrictions. A sidewalk cafe, other than an enclosed sidewalk cafe, shall not be located over or block any of the following: cellar and basement doors, freight elevators or service entrances, retail and non-primary building entrances, and building projections (including, but not limited to, stoops, steps, and stairs), provided that a sidewalk cafe may block or cover a cellar or basement door that is not a means of egress if such door is closed and is reinforced, the safety of which closed and reinforced door is certified by a registered design professional as defined in the New York City Construction Codes in the form prescribed by the Department on its website.
(vi)Utility Infrastructure. Furniture or other decorative items of a sidewalk cafe, other than an enclosed sidewalk cafe, shall not be located within 1 foot 6 inches of manhole covers and shall not prevent access to any other utility infrastructure, including but not limited to control cabinets, utility poles, telecommunication pull boxes, and ground level boxes.
(vii)Service. Furniture or other decorative elements of a sidewalk cafe, other than an enclosed sidewalk cafe, must be located to allow for service of patrons solely within the perimeter of such sidewalk cafe.
(2)Material Requirements for Sidewalk Cafes other than Enclosed Sidewalk Cafes.
(v)Lighting and Electrical Connections. Lighting of a sidewalk cafe, other than an enclosed sidewalk cafe, shall be outdoor rated, properly secured, protected and lightweight. Any lighting shall be directly connected to the ground floor restaurant’s power source, shall be located within the perimeter of such sidewalk cafe, and shall not exceed 10 feet in height. No connections shall be made to any type of City electrical equipment or attached to any City property, including street trees. All electrical work shall comply with the applicable requirements set forth in the Department’s rules and the New York City Electrical Code.
(b)Roadway Cafes.
1.For roadway cafes that are the maximum of 40 feet in length, there shall be a minimum distance of six (6) feet between the perimeters of adjacent roadway cafes. A roadway cafe that is a maximum of 40 feet in length shall maintain a minimum of four and a half feet (4’6”) distance from the boundary of the extension of the perimeter of the ground floor restaurant.
2.For roadway cafes that are less than 40 feet in length, there shall be a minimum distance of three (3) feet between the perimeters of adjacent roadway cafes. A roadway cafe adjacent to another roadway cafe shall maintain a minimum of a one foot, 6-inch (1’ 6”) distance from the boundary of the extension of the perimeter of the ground floor restaurant.
3.If there is no adjacent roadway cafe at the time such roadway cafe is approved and an adjacent roadway cafe is subsequently installed, each roadway cafe must maintain the required minimum distance upon the installation of the new roadway cafe. Such minimum distance shall remain unobstructed for emergency access and shall not be used for storage, including containers to store trash. (E) Portions of a roadway cafe. Where the frontage of a restaurant is greater than 40 feet in length, the restaurant may install additional portions of a roadway cafe in accordance with this paragraph, provided that each such portion is no greater than 40 feet in length. Where a portion of a roadway cafe is the maximum 40 feet in length, there shall be a minimum distance of six (6) feet between the perimeters of each adjacent portion. Where adjacent portions of a roadway cafe are both less than 40 feet in length, there shall be a minimum distance of three (3) feet between the perimeters of each adjacent portion. Such minimum distances shall remain unobstructed for emergency access and shall not be used for storage, including containers to store trash.
(viii)Floating Parking Lanes. Roadway cafes located in a floating parking lane shall be limited to the width of the legal parking area and shall not be located, in whole or in part, within a bicycle lane. Notwithstanding subparagraph (ii) of paragraph (1) of subdivision (b) of this section, roadway cafes may abut but not cover any thermoplastic markings utilized as a buffer.
(ix)Signage Visibility. Any element of a roadway cafe, including decorative plantings, located within fifty (50) feet of any regulatory or warning signs, including but not limited to signage indicating Stop, Yield, One-Way, Wrong Way, Do Not Enter, Pedestrian Crossing, School Crossing and Speed Limit, shall be no greater than 46 inches in height.
(x)Utility Infrastructure. Furniture or other decorative items of a roadway cafe shall not be located within one and half feet (1’ 6”) of manhole covers and shall not prevent access to any other utility infrastructure, including but not limited to control cabinets, utility poles, telecommunication pull boxes, and ground level boxes.
(xi)Service. Furniture or other decorative elements of a roadway cafe must be located to allow for service of patrons solely within the perimeter of such roadway cafe.
