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

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

Key Facts

Seats without Board of Appeals consent
Up to 20 seats
Approving official
Director of Development Services
Structures
No additional structures to accommodate seating
Entertainment
No outdoor entertainment, live or reproduced
Fire operating permit
Outdoor seating, not more than six months, § 98-30B(24)
District
C Business Districts

Summary

In the Town of Irondequoit's C Business Districts, a restaurant can add outdoor seating for up to 20 seats without Board of Appeals consent if the Director of Development Services approves it, no new structures are needed and there is no outdoor entertainment, under Town of Irondequoit Code § 235-27C(1).

(1) Outdoor seating for restaurants and eating establishments shall be permitted without Board of Appeals consent for up to 20 seats, provided that: (a) Approval of the outdoor seating is obtained from the Director of Development Services upon review of setback requirements, life and fire safety requirements and clearances for ingress and egress. (b) It is determined by the Director of Development Services that public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be injured thereby. (c) No additional structures are needed to accommodate the outdoor seating. (d) There is no outdoor entertainment (live or reproduced).

Full Breakdown

Section 235-27 lists the permitted uses in C Business Districts in the Town of Irondequoit. Subsection C says uses that need space outside an enclosed building for their best utilization can operate outside only with the consent of the Board of Appeals, after a public hearing, if public convenience and welfare will be substantially served and neighboring property will not be injured. Subsection C(1) carves out restaurants and eating establishments: outdoor seating for up to 20 seats is permitted without Board of Appeals consent, on four conditions.

First, the Director of Development Services must approve the seating after reviewing setback requirements, life and fire safety requirements and clearances for ingress and egress. Second, the Director must determine that public convenience and welfare will be substantially served and that the appropriate use of the neighboring property will not be injured. Third, no additional structures can be needed to accommodate the seating. Fourth, there can be no outdoor entertainment, live or reproduced.

Seating beyond 20 seats goes back to the Board of Appeals consent process in subsection C. The size of the restaurant itself also matters: § 235-27A(12) permits restaurants and take-out businesses with seating for 30 patrons or less, and § 235-28A(8) puts restaurants and drinking establishments with seating for more than 30 patrons, along with outdoor entertainment provided in relation to them, under Town Board special use permit approval.

The Fire Marshal side is separate. Section 98-30B(24) lists outdoor seating associated with a food service business or other seasonal business, for a period not more than six months, among the activities that need an operating permit, with fees set under Chapter 1. The Town of Irondequoit code text read for this page has no separate sidewalk cafe license.

Violations & Fines

Operating outdoor seating without the required approval violates the zoning chapter and is an offense under § 235-102: a fine not to exceed $350, up to six months in jail, or both for a first conviction, then $350 to $700 for a second within five years and $700 to $1,000 for a third. Each week of continued violation counts separately, and the Building Inspector can seek abatement under § 235-103.

Frequently Asked Questions

How many outdoor seats can a restaurant have in the Town of Irondequoit without a hearing?
In C Business Districts, § 235-27C(1) permits outdoor seating for up to 20 seats without Board of Appeals consent, provided the Director of Development Services approves it, no additional structures are needed and there is no live or reproduced outdoor entertainment. Larger outdoor seating goes through the Board of Appeals consent process in subsection C.
What does the Director review before approving outdoor seating?
The Director of Development Services reviews setback requirements, life and fire safety requirements and clearances for ingress and egress. The Director must also determine that public convenience and welfare will be substantially served and that the appropriate use of the neighboring property will not be injured by the seating.
Is outdoor entertainment allowed with the exempt seating?
No. The 20 seat exemption in § 235-27C(1)(d) requires that there is no outdoor entertainment, live or reproduced. Under § 235-28A(8), outdoor entertainment provided in relation to a restaurant or drinking establishment is a use subject to Town Board special use permit approval before a building permit can be issued.
Is a fire permit needed for outdoor seating?
Section 98-30B(24) lists outdoor seating associated with a food service business or other seasonal business, for a period not more than six months, among the activities requiring an operating permit from the Fire Marshal under § 98-29. Fees are set as provided in Chapter 1, General Provisions, and the permit is valid for the period stated on it.

Sources & Official References

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