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What is NYC ZR § 91-822?

Quick Answer

This section outlines the requirements for furnishings in publicly accessible areas, including outdoor cafes within arcades. It specifies that all furnishings must be moveable, the minimum number of tables and chairs required, and circulation paths must remain unobstructed. Applies to building owners operating outdoor cafes in public spaces.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 91-822 Requirements for furnishings

ZR § 91-822

The following provisions shall apply to all furnishings, including tables, chairs, shade umbrellas and heating lamps, permitted by Section 91-82 (Amenities Within Public Access Areas) and Section 91-821 (Certification for outdoor cafes within arcades).

(a)Size, location and other requirements

(1)Requirements for all furnishingsAll furnishings shall be moveable. Permanent fixtures may be installed in the ground of a publicly accessible open area or arcade for the purposes of supporting shade umbrellas or heating lamps provided that such fixtures are flush-to-grade.No furnishings shall be permitted within five feet of any building entrance, nor shall they be permitted within any required circulation paths.

(2)Additional requirements for outdoor cafes located within arcadesWhere an outdoor cafe is provided pursuant to Section 91-821, a minimum of four tables and 16 chairs shall be provided and made available to the public without restriction, which may be located within an arcade or within a publicly accessible open area and shall be outside of the permitted cafe boundary.Outdoor cafes shall be located at the same elevation as the adjoining sidewalk area or publicly accessible open area, except that they may be located no more than six inches below or on a platform no more than six inches above such adjoining sidewalk area or publicly accessible open area. The border of the outdoor cafe shall be permanently marked in accordance with the applicable standards for open air cafes set forth in paragraph (b) of Section 37-73.Fences, planters, walls, fabric dividers or other barriers that separate outdoor cafe areas from other portions of the arcade, adjacent sidewalks or publicly accessible open areas shall be prohibited. No kitchen equipment shall be installed within an outdoor cafe.Litter receptacles shall be provided in accordance with the standards for public plazas set forth in Section 37-744.

(3)Circulation requirements for outdoor cafes located within arcadesFor arcades with a depth of 10 feet or less, as measured from the column face furthest from the street line or publicly accessible open area to the building wall fronting on such street line or publicly accessible open area, an unobstructed path not less than three feet wide shall be provided. For arcades with a depth greater than 10 feet, as measured from the column face furthest from the street line or publicly accessible open area to the building wall fronting on such street line or publicly accessible open area, such unobstructed pedestrian way shall be increased to at least six feet. For through block arcades, an unobstructed pedestrian way, except for approved doorways, of at least eight feet shall be provided connecting each street on which the through block arcade fronts.

(b)Operation

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