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

4 sets the outdoor dining rules for the Hicksville Downtown (HD) Subdistricts, the only part of the Town Zoning Code that addresses sidewalk-style dining directly. Outdoor dining is permitted only on a named list of roadways, including Broadway-area streets such as Division Avenue between West Nicholai and West Marie Streets, East Barclay Street, East Marie Street, East Nicholai Street, Herzog Place, Jerusalem Avenue, Nelson Avenue north of West Nicholai Street, West Barclay Street, and several named block segments of West Carl, West Cherry, West John and West Marie Streets.

Outside that list, outdoor dining is not an approved use in the HD Subdistricts. Where it is allowed, the code layers on operating conditions: seating capacity follows the NYS Building Code, the outdoor dining area cannot exceed 20% of the indoor dining seat count, and no additional off-street parking is required beyond what the indoor use already needs. Sidewalks must keep a six-foot clearway free of tables and chairs. Approval comes from the Planning and Development Department, and it is seasonal, running only from May 1 through October 31 each year and subject to annual renewal by that Department.

m. A related provision permits outdoor congregational areas tied to other accessory uses, such as a brewpub or bar, but requires those to be clearly defined and separately approved by the Planning Advisory Board during site plan review, and bars private trash or refuse bins from any outdoor dining or congregation area.