Interim Use of Privately Owned Public Spaces

On June 27, Mayor Bill de Blasio issued an executive order to allow temporary uses, including outdoor dining, health screening stations and queuing areas in Privately Owned Public Spaces (POPS) and Waterfront Public Access Areas (WPAA). The executive order suspends sections of the NYC Zoning Resolution, and suspends authorizations or certifications to the extent necessary to allow the temporary uses. Compliance protocols for the temporary uses have been issued by the Department of City Planning. The protocols include the following:

• Private outdoor dining: Restaurants and cafés may expand into adjacent POPS and WPAAs to increase seating capacity for the duration of the emergency order. The outdoor dining area should be located directly adjacent to the restaurant, café or other serving establishment and should not obstruct any required circulation path. The total area dedicated to outdoor dining in each POPS shall not exceed 20% of the total area of the POPS, or 30% of the total area of the POPS if an Open Air Café certification pursuant to ZR 37-73 has been obtained.
  
  
• Retail: Retail stores that front a POPS or WPAA may temporarily occupy an area of a POPS or WPAA for merchandizing, point of sale or product pick-up activities. Merchandizing areas must be directly adjacent to the retail store, cannot obstruct any required circulation paths and are permitted to occupy a maximum of 10% of the total area of a POPS.
  
  
• Queuing: Commercial or office buildings fronting onto a POPS may use areas adjacent to the building’s primary entrances for entry queuing into the building and may designate the location and direction of queuing by the use of tape and rope stanchions. Queuing areas shall not obstruct any required amenities or required circulation paths and shall not substantially interfere with the public’s use and enjoyment of the POPS.
  
  
• Movable tables and chairs must continue to be provided and accessible. They are permitted to be relocated within POPS areas not specified on approved plans to allow for physical distancing, but they should not be located within five feet of any building entrance, or within any required circulation path.
  
  
• Shade and weather protection structures: The use of temporary tents, marquees or other shading structures is permitted for shading health screening stations and personnel to allow for screening of tenants and/or visitors entering a commercial or office building fronting onto the POPS.
  
  
• Hours: Indoor POPS are permitted to close for the duration of Phase 2. However, all indoor POPS must continue to provide any required access to subway connections, through-block connections or sole connection to a lawfully open and operating business. All WPAAs and outdoor and open-air POPS are required to remain open for their approved hours of public access.

Required Notification: Before any temporary changes are made to a POPS or WPAA, property owners or authorized representatives must send DCP a notification of changes, consisting of:

1. A written description detailing the changes and confirming compliance with these DCP Protocols, and
2. A site plan of the POPS or WPAA, drawn to scale, clearly delineating the area(s) where the changes have been made.

Notifications relating to a WPAA must also be sent to the Department of Parks and Recreation.

The executive order and DCP protocols can be found here.