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Amherst, NY Special Events & Permits: Sidewalk Dining & Cafés (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing section
Zoning Ordinance § 6-4-9
Weekday hours
6 AM to 10 PM, Sun-Thu
Weekend hours
6 AM to 11 PM, Fri-Sat
Clear walkway required
5 feet along curb
Setback from rear/interior line
10 feet minimum
Parking exemption
up to 24 seats excluded

Summary

A restaurant offering outdoor dining in Amherst must keep a five-foot clear walkway along the curb free of tables, provide trash receptacles, and stop outdoor service by 10 PM Sunday through Thursday and 11 PM Friday and Saturday under Zoning Ordinance § 6-4-9. Seated patrons may finish, but new outdoor service after those hours needs a special use permit.

Restaurant With Outdoor Dining. A restaurant with outdoor dining is permitted in accordance with the district use tables in Part 4 or Part 5, subject to the following standards. A. A minimum of five feet of clear walkway along the curb and leading to the entrance of the establishment shall be free of tables and other impediments. B. Adequate trash receptacles shall be provided in the outdoor dining area. ... D. Outdoor dining shall be permitted between the hours of: (1) 6 AM and 10 PM, Sunday through Thursday. (2) 6 AM and 11 PM, Friday and Saturday. E. Patrons shall be permitted to remain outdoors to complete meals and beverages served before the latest hours indicated above. Outdoor dining shall be prohibited at any other time.

Full Breakdown

Amherst's Zoning Ordinance treats a restaurant with outdoor dining as a use permitted in the applicable zoning district's use table, but only if it meets the standards in § 6-4-9. A minimum five-foot clear walkway along the curb leading to the entrance must stay free of tables and other impediments, and the operator must provide adequate trash receptacles in the outdoor dining area. L. No. 21-2017), up to 24 outdoor seats do not have to be counted when calculating the restaurant's minimum required off-street parking, which lets smaller patios skip a parking-lot expansion.

Outdoor dining hours are capped at 6 AM to 10 PM Sunday through Thursday and 6 AM to 11 PM Friday and Saturday; patrons already seated may finish meals and beverages served before the cutoff, but the ordinance is explicit that outdoor dining is otherwise prohibited outside those windows. L. No. 34-2011), which routes the request through the Town's special-use review rather than letting staff approve it administratively. Every designated seating area must sit on a hardscaped surface; a lawn picnic area is allowed only if it incorporates hardscaped accessible elements, and all seating and tables must be set back at least 10 feet from any rear or interior property line, keeping patios away from neighboring residential lots.

Violations & Fines

Operating outdoor seating that blocks the required five-foot walkway, running service past the 10 PM/11 PM cutoffs without the § 8-6 special use permit, or placing tables within the 10-foot rear/interior setback puts the outdoor dining area out of compliance with § 6-4-9 and exposes the operation to zoning enforcement action tied to its use approval.

Frequently Asked Questions

How late can a restaurant serve outdoors in Amherst?
Under § 6-4-9D, outdoor dining runs 6 AM to 10 PM Sunday through Thursday and 6 AM to 11 PM Friday and Saturday. Patrons seated before closing may finish their meal, but new outdoor service after those hours requires a special use permit under § 8-6.
Does an outdoor patio require extra parking spaces?
Not necessarily. Section 6-4-9C, amended in 2017, lets a restaurant exclude up to 24 outdoor seats from its minimum parking calculation, so a modest patio addition often does not trigger a parking expansion requirement.
Can outdoor tables sit right next to the sidewalk?
A five-foot clear walkway along the curb leading to the entrance must stay free of tables under § 6-4-9A, and any seating area must also be at least 10 feet from a rear or interior property line under § 6-4-9G.

Sources & Official References

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