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North Hempstead, NY Special Events & Permits: Parklets (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Barrier width
at least 18 inches
Barrier height
30 to 36 inches
Hydrant buffer
15 feet minimum
Crosswalk buffer
8 feet minimum
Insurance required
$2,000,000 per occurrence

Summary

North Hempstead lets restaurants convert curbside parking spaces into outdoor seating, a parklet, but only with a Building Department permit and a crash-rated barrier on all three roadway-facing sides of the seating area.

Notwithstanding any traffic ordinance or local law to the contrary, the Building Department may issue a temporary expanded seating capacity area permit for outdoor parking lane seating in conjunction with a restaurant or food service establishment, subject to compliance with this § 70-103.1. ...Provide a vehicle impact protection device on all three sides of the seating perimeter located in the roadway to separate seating from the travel lane. The vehicle impact protection device must be at least 18 inches in width and 30 inches to 36 inches in height (excluding plantings) on all three sides. All vehicle impact protection devices shall be engineered and determined to be in compliance with ASTM Publication F3016. ...Seating or vehicle impact protection devices shall not be located within 15 feet of a fire hydrant, or within eight feet of a crosswalk, or within a No Stopping Anytime or No Standing Anytime zone, bike lane, bus lane/stop, or taxi stand.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4892187; v82 updated 2026-04-21; through 04-21-2026).

Full Breakdown

1K authorizes the Building Department to issue a temporary expanded seating capacity permit for outdoor parking lane seating tied to a restaurant or food service establishment, notwithstanding any conflicting traffic ordinance. The applicant must install a vehicle impact protection device on all three sides of the seating perimeter facing the roadway, at least 18 inches wide and 30 to 36 inches tall excluding plantings, engineered to comply with ASTM Publication F3016. The parklet cannot exceed the business's own street frontage, must mark protection devices with yellow retro-reflective tape for nighttime visibility, needs nonpermanent ADA ramp access, and cannot sit within 15 feet of a fire hydrant, eight feet of a crosswalk, or inside a no-stopping zone, bike lane, bus stop, or taxi stand.

No liquid petroleum gas heating device may be located inside the parking lane seating area itself. Tables and chairs must be removed or secured when the parklet is not in operation, and a $2,000,000 liability policy naming the Town as additional insured is required for the life of the permit. Parking lane seating can extend to the frontage of up to two adjoining businesses with the landlords' written consent, filed with the Building Department. Like the sidewalk-seating provisions in the same section, parklet permits are tied to the program's stated sunset of December 31, 2024, which the Town Board has renewed by local law in each subsequent year.

Violations & Fines

Building or operating a parklet without a Building Department permit, without the required crash-rated barriers, or inside a prohibited buffer zone near a hydrant or crosswalk is a violation of § 70-103.1K enforceable by the Building Commissioner, who may suspend the permit for safety hazards and require removal of the seating structure and barriers.

Frequently Asked Questions

Can a North Hempstead restaurant put seating in a parking spot?
Yes. Section 70-103.1K lets the Building Department permit outdoor parking lane seating for restaurants, provided the applicant installs crash-rated vehicle impact protection devices on all three roadway-facing sides of the seating area.
How big must the protective barrier be around a North Hempstead parklet?
The vehicle impact protection device must be at least 18 inches wide and 30 to 36 inches tall excluding plantings, and must be engineered to comply with ASTM Publication F3016, per § 70-103.1K(2)(a).
Are propane heaters allowed inside a North Hempstead parklet?
No. Section 70-103.1K(2)(i) specifically bars any liquid petroleum gas heating device from being located within the outdoor parking lane seating area, regardless of any other provision of the code.

Sources & Official References

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