Canopies.
34 RCNY § 2-04
in effect§ 2-04 Canopies.
(a) Permit required. No person shall erect or maintain a canopy over the sidewalk without obtaining a permit from the Commissioner. The canopy shall be adequate for public safety and convenience and shall respect the special circumstances of the particular site or street and shall not detract from public use of the sidewalk. Canopy permits may be issued for the entrance to a building, or place of business within a building.
(b) Permit fees.
(1) The fee for the issuance of a canopy permit shall be $50 per year.
(2) The fee for the issuance of a canopy permit in connection with a sidewalk cafe license shall be $25.
(c) Conditions.
(1) Canopy permits shall not be issued for:
(i) placement on streets listed in subdivision f of this section;
(ii) placement within the following: fifteen feet of fire hydrants or bus stop zones; beneath a fire escape or so located as to obstruct operation of fire escape drop ladders or counter-balanced stairs or so as to obstruct any exit from a building; within the area created by extending the building line to the curb (the "corner") or within the area from ten feet of either side of the corner (the "corner quadrant"); five feet of tree pit edges, four feet of street lights and utility hole or transformer vault covers or gratings; three feet of parking meters; or
(iii) placement without written approval from the property owner; or
(iv) placement without written approval from the Department of Consumer Affairs for locations licensed by the Department of Consumer Affairs; or
(v) placement at locations deemed by the Commissioner as inadequate with respect to public safety and convenience.
(2) Canopies shall not be permitted above underground street access covers, vault covers, gratings, or cellar doors which require access.
(3) Canopy design and construction shall be in accordance with Standard Detail Drawing #H-1029.
(4) Owners shall be responsible for the removal of a canopy within ten days when so directed by the Commissioner for necessary street construction.
(5) Advertising on a canopy is prohibited. The house or street number and/or firm name or filed trade name may appear on a canopy as prescribed by the Zoning Resolution of the City of New York. However, descriptive words contained in the firm name or filed trade name tending to advertise the business conducted on the premises are prohibited. Lettering may include logo art for the purpose of business identification only.
(6) All canopy permits shall be posted in a conspicuous place at the entrance for which the permit is issued.
(d) Maintenance.
(1) Canopies shall be well maintained at all times.
(2) The covering shall be kept clean, free from accumulation of snow and ice and free from rips and tears, discoloration, fading, sagging, graffiti, etc.
(3) Canopies with metal frameworks shall be painted as needed, but at least every five years.
(4) All structural members shall be kept free of rust and surface imperfections (smooth to the touch).
(e) Permit expiration, renewal and transferability.
(1) Each permit shall expire one year from the date of issuance, unless revoked sooner by the Commissioner. Applications for renewal of canopy permits shall be made at least one month prior to permit expiration dates.
(2) Canopy permits shall not be transferable from person to person or from the location of original issue.
(3) Notwithstanding any inconsistent provision of this section relating to the location of a canopy, where a permit was issued for a canopy erected prior to May 19, 1995 under the rules in effect prior to that date, a renewal permit may be issued for the continued maintenance of such canopy at such location provided that:
(i) The canopy is at the same location and was not altered on or after May 19, 1995;
(ii) The canopy is not on a street listed as restricted in subdivision f of this section; and
(iii) The department performs an on-site inspection and determines that the canopy does not present a hazard to public safety and convenience. For the purposes of this provision, hazards for which the department will refuse the renewal of a permit shall include, but not be limited to, the location of a canopy within fifteen feet of a fire hydrant or bus stop, beneath or obstructing a fire escape or within a corner or corner quadrant.
(f) Placement of canopies. The following categories of restricted streets are established:
(1) Fully Restricted Streets. No canopy may be erected or maintained on the below listed streets:
(i) Borough of Manhattan:
(A) Fifth Avenue: West 34th Street to West 59th Street
(B) Sixth Avenue: West 34th Street to West 59th Street
(C) 34th Street: West side of Fifth Avenue to East side of Eighth Avenue
(D) 42nd Street: East side of Eighth Avenue to West side of Third Avenue
(E) Seventh Avenue: South side of 33rd Street to North side of 34th Street
(F) Broadway: Chambers Street to Battery Place
(G) Whitehall Street: Beaver Street to Water Street
(H) Wall Street: Broadway to South Street
(I) Broad Street: Wall Street to Water Street
(J) Sixth Avenue: West 4th Street to West 8th Street
(K) West 8th Street: Sixth Avenue to Fifth Avenue
(L) East 8th Street: Fifth Avenue to Fourth Avenue
(M) Astor Place: Broadway to 3rd Avenue
(N) St. Mark's Place: 3rd Avenue to 2nd Avenue
(O) 72nd Street: Broadway/Amsterdam Avenue to Columbus Avenue
(2) Partially Restricted Streets. The erection or maintenance of canopies on the streets listed below is limited to one building entrance only, except that hotels and apartment houses may erect and maintain canopies over all their entrances and restaurants may erect and maintain a canopy over one entrance separate and distinct from the building entrance, if any.
(i) Borough of Manhattan
(A) Fifth Avenue: West 12th Street to West 34th Street
(B) Madison Avenue: East 23rd Street to East 96th Street
(C) Park Avenue: East 46th Street to East 60th Street
(D) 43rd Street to 60th Street: Sixth Avenue to Lexington Avenue
(E) Riverside Drive: George Washington Bridge to West 135th Street
(F) Morningside Avenue: West 116th Street to West 125th Street
(G) Central Park West: West 60th Street to West 75th Street
(H) South Street Seaport
(I) Nassau Street Mall
(ii) Borough of Brooklyn
(A) Ocean Parkway: Belt Parkway to Prospect Park
(B) Ocean Avenue: Flatbush Avenue to Avenue Z
(C) Plaza Street: Eastern Parkway to Prospect Park West
(D) Eastern Parkway: Plaza Street to Ralph Avenue
(E) Fulton Street Mall
(F) Stuyvesant Avenue: Fulton Street to Madison Avenue
(G) Kings Highway: Bay Parkway to Rockaway Parkway
(iii) Borough of the Bronx
(A) Grand Concourse: 158 Street to 179 Street
(B) Pelham Parkway: Cruger Avenue to Hutchinson River Parkway
(iv) Borough of Queens
(A) Jamaica Avenue: 168 Street to Cross Island Parkway
(B) Hillside Avenue: 179 Street to the City Line
(v) Borough of Richmond
(A) Hylan Boulevard: Fingerboard Road to Tysens Lane
(B) Victory Boulevard: Bay Street to Willowbrook Road
(C) Richmond Avenue: Richmond Terrace to Forest Avenue
(D) New Dorp Lane: Richmond Road to Hylan Boulevard
(g) Design criteria.
(1) Size limitations of canopies.
(i) Width. Canopy width is limited to the width of the building entrance or the place of business, as defined by the doors leading into the building or place of business, but in no case shall the width be less than 4 feet nor more than 10 feet, unless authorized in writing by the Commissioner or as required by the Commissioner.
(ii) Height. The bottom of any portion of the canopy covering shall not be less than eight feet above the sidewalk and the top of any portion of the canopy covering shall not exceed 12 feet above the sidewalk, unless authorized in writing by the Commissioner.
(iii) Length. The canopy shall extend from the building line to within a minimum of eighteen inches and a maximum of twenty-four inches from the face of the curb line.
(2) Canopy shall be fully roofed.
(3) Certification by the manufacturer that the covering is flameproof shall be submitted with the permit application. Where certification is unobtainable from the manufacturer, certification by the installer may be submitted instead.
(4) Lettering on covering.
(i) The height of lettering on any side of a canopy shall not exceed 12 inches, as specified in the Zoning Resolution.
(ii) The painting, imprinting, or stenciling authorized in the above paragraph (4)(i) shall be limited to a single horizontal line of lettering, and with a cumulative surface area not exceeding twelve (12) square feet per side. It shall be lawful to paint, imprint or stencil directly upon a canopy within the character and area limitations prescribed by the Zoning Resolution of the City of New York.
(5) Lighting and Illumination.
(i) The area under the canopy shall be lighted to a minimum of thirty foot candles when the canopy is within twenty feet of a lamppost. Illumination shall be limited to the underside of the canopy. Neon lights are not permitted. Fluorescent light fixtures shall have the bulbs covered so they are not visible. Illumination sources shall be installed so that they do not protrude below the bottom of any portion of the canopy covering.
(ii) All electrical work shall be done by a licensed electrician.
(6) Side curtains are not permitted.
(7) Supporting framework shall be constructed of metal members.
(i) Vertical uprights shall be of sufficient size and strength and shall be no less than a standard steel pipe, one and one-quarter inches in diameter and not exceeding three inches in diameter. Where a special construction is used instead of pipe, the design shall be equivalent to the above valid minimum pipe standard approved by the Commissioner. The vertical uprights shall be imbedded in an independent concrete footing of adequate size, designed to sustain all anticipated loads.
(ii) Intermediate vertical upright supports are not permitted except for additional upright supports at the face of the building. Such additional upright supports shall not extend more than 18 inches of the property line.
(iii) Diagonal bracing at vertical upright supports is not permitted, except where required for wind bracing. Permissible wind bracing supports shall be constructed parallel to the curb line and shall extend outward no more than eighteen inches from the vertical upright.
(h) Application.
(1) Applications for canopy permits shall include:
(i) A statement of the basic construction details including the following:
(A) type, description and color of the canopy covering;
(B) type, diameter and gauge of all supporting members;
(C) description of the frame, wind bracing assembly and sidewalk and building fastenings;
(D) description of proposed lettering on canopy covering, including exact wording and dimensions thereof;
(E) five inch by seven inch photograph of the proposed site.
(ii) A sketch showing the canopy dimensions, location and all street facilities within fifteen feet of both sides of the canopy.
(iii) A certificate that the covering is flameproof.
(iv) Consent of the Landmarks Preservation Commission for the erection of a canopy in a designated landmark historic district or attached to a building that has Landmark's historic designation.
(v) [Reserved.]
(2) Permit requirements. All permits are subject to applicable provisions contained in 34 RCNY § 2-02.
(i) Removal of unauthorized canopies. Pursuant to § 19-124 of the Administrative Code, the Commissioner may serve an order upon the owner of any premises requiring the removal of any unauthorized canopy. Upon the owner's failure to comply with such order within the time specified, the Commissioner may remove such canopy or cause the same to be removed, at the owner's sole cost and expense.
(j) Miscellaneous. No attachments of any kind or in any manner are permitted on a canopy, including, but not limited to:
(1) Temporary or permanent signs
(2) Balloons
(3) Streamers
(4) Flags
(5) Banners
(6) Pennants
(Amended City Record 7/8/2016, eff. 8/7/2016)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-61303Fetched: 10/24/2026