Islip, NY Special Events & Permits: Sidewalk Dining & Cafés (2026)
Key Facts
- Zone
- Business 2 (B2) District
- Use type
- Accessory to restaurant/minor restaurant
- Approval body
- Planning Board
- Hours
- 8:00 a.m. to 11:00 p.m.
- Sidewalk clearance
- 8 ft, or 5 ft with on-street parking
- Encroachment cap
- No more than 50% of sidewalk
- Revocable
- Yes, via public hearing on complaints
Summary
In Islip's Business 2 District, a restaurant can add outdoor or sidewalk seating only with Planning Board approval, only 8 a.m. to 11 p.m., and only if the sidewalk stays at least 8 feet clear: 5 feet where on-street parking exists.
Outside seating may be permitted as an accessory use to a restaurant or minor restaurant use, provided the site otherwise complies with all applicable Code requirements and subject to the following requirements: (a) Outside seating shall be subject to the approval of the Planning Board, which shall have the authority to require information which may be necessary to evaluate such a request. (b) Outside seating shall be permitted for the service of food and beverages only... No outside bar shall be permitted. In no case shall the service of alcohol be permitted off site. ... (d) Outside seating shall only be permitted to operate between the hours of 8:00 a.m. and 11:00 p.m. (e) Outside seating shall be permitted on the subject parcel or on the sidewalk area adjacent to a dedicated roadway, provided it does not encroach onto the sidewalk by more than 50% and further provided there is a minimum unobstructed sidewalk area of eight feet. If on-street parking is permitted adjacent to the sidewalk, then a minimum unobstructed sidewalk area of five feet shall be required. (f) Should substantiated complaints be received by the Department of Planning and Development, the Planning Board shall reserve the right to hold a public hearing to rescind the outdoor seating approval.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4826765; v112 updated 2026-02-24; through 02-24-2026).
Full Breakdown
Town of Islip Code § 68-289A(8), the accessory-uses section for the Business 2 (B2) District, allows outside seating as an accessory use to a restaurant or minor restaurant, but the use is discretionary, not by-right: the Planning Board must approve it and may demand whatever information it needs to evaluate the request. Seating may be placed on the parcel itself or on the sidewalk area adjacent to a dedicated roadway, but § 68-289A(8)(e) caps sidewalk encroachment at 50% and requires a minimum unobstructed sidewalk width of eight feet, dropping to five feet only where on-street parking is permitted next to that sidewalk.
Alcohol service is tightly limited: § 68-289A(8)(b) allows it only as clearly accessory and incidental to food service, bars no outside bar counters, and prohibits off-site alcohol service outright. under § 68-289A(8)(d). hours and a four-hour daily cap, mirroring the BD-zone rule at § 68-259. Approval is not permanent: § 68-289A(8)(f) lets the Planning Board hold a public hearing to rescind outdoor seating if the Department of Planning and Development receives substantiated complaints. 1, which states plainly that all uses not expressly permitted are prohibited.
Violations & Fines
Outdoor or sidewalk seating placed without Planning Board approval falls outside the accessory uses expressly authorized in § 68-289A(8) and is a prohibited use under § 68-289.1. Even approved seating can be pulled: on substantiated complaints, § 68-289A(8)(f) lets the Planning Board hold a public hearing and rescind the approval, ending the café's right to operate outdoors.
Frequently Asked Questions
Can a restaurant put tables on the sidewalk in Islip's B2 zone?
How much of the sidewalk can a café take up?
What hours can outdoor sidewalk seating operate?
Can Islip take away sidewalk seating approval later?
Sources & Official References
Other rules in Islip
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