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SidewalkSnitch / Rulebook / Roadway Café / DOT-RC-011

Roadway Cafe — Adjacent Cafe Spacing & 4'6" Setback From Restaurant Perimeter

Rule

Roadway Café · NYC DOT · 34 RCNY §5-11(b)(1)(ii) — Roadway Cafe Spacing

Roadway Cafe — Adjacent Cafe Spacing & 4'6" Setback From Restaurant Perimeter is enforced by NYC DOT under 34 RCNY §5-11(b)(1)(ii) — Roadway Cafe Spacing. Severity default: Medium.

The regulation

Per 34 RCNY §5-11(b), adjacent roadway cafes (or portions thereof) require a minimum gap between perimeters of 6 feet when both are the maximum 40 ft length, or 3 feet when both are under 40 ft. Each roadway cafe at the 40-ft maximum must additionally sit at least 4 feet 6 inches (4'6") inside the extension of the ground-floor restaurant's frontage perimeter. A restaurant whose frontage exceeds 40 ft may install multiple roadway-cafe portions, each subject to the same 40-ft length cap and inter-portion spacing rules.

What to photograph

  • two roadway cafes back-to-back with less than ~6 ft between barriers
  • a roadway cafe extending past the ground-floor restaurant's visible side-wall line
  • barriers touching or near-touching an adjacent restaurant's cafe perimeter

How to file a complaint

  1. Photograph the whole setup from the street, with the length and width in frame and something known for scale.
  2. Note the address, and whether the cafe has a DOT permit or an approved plan on file.
  3. File at 311 under Outdoor Dining and describe the measurement you took.
  4. A cafe with no permit at all is a permit question as much as a size one — say whether one is posted.

Official channel: portal.311.nyc.gov or dial 311. Agency: NYC DOT.

Penalties & fines

DOT can issue a Notice of Violation for a roadway cafe that is too long, too wide, or badly placed, and can require it to change or to go. The amount and the remedy are set by the violation and the site history.

What happens after you file

DOT Sidewalk Café Inspection measures the setup against its permit and the approved plan, and can require the cafe to change or remove it.

SidewalkSnitch supports photo analysis for dining complaints.

Draft a filing in the app

FAQ

Can I file anonymously?

311 requires contact information for follow-up. Your identity is not shared with the violator. SidewalkSnitch requires phone verification for filings.

Does SidewalkSnitch submit this to 311 automatically?

We prepare the text. You file it on 311. Nothing goes to 311 unless you send it.

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