New approval process for Philly streeteries gets delayed

Philadelphia won’t crack down on restaurants that haven’t brought their streeteries up to code for at least another month, as officials continue to roll out a new permitting process for the hundreds of roadside dining patios that redefined city life during the pandemic.

Converting parking spaces into al fresco dining areas helped hundreds of restaurants weather the worst of the coronavirus. But the anything-goes arrangement came to a halt late last year, when City Council passed a law seeking to bring the largely unregulated streeteries up to code.

The new system, which includes special approval zones for streeteries and lays out new construction standards, was slated to go into effect Tuesday. But the Streets Department, which is overseeing the process, has yet to launch an application system for restaurants. The new law requires all restaurants to reapply for permits and requires those outside of approved zones to seek approval from City Council.

Officials said they now plan to begin accepting applications March 24. A timeline for when enforcement will begin remained unclear Thursday.

“While an official date for enforcement has not been announced, it would be most beneficial to all parties to act sooner rather than later and get the process started with City Council if necessary,” said Streets Department spokesperson Crystal Jacobs.

With spring around the corner, many proprietors are waiting nervously on the fate of their streeteries, which remained popular even through the winter months as the omicron variant swept through the region.

Many have lambasted the new two-tier system — which gives some restaurants by-right permission to operate streeteries while others must seek legislative approval from their district councilmember. An Inquirer analysis found that more than 60 restaurants missed the cutoff by about a city block or less.

» READ MORE: Hundreds of restaurants got excluded by Philly’s new ‘streetery’ zones — some by less than a block

But all restaurants — no matter how sturdy or slapdash, in the zone or outside – now must meet new building standards. Structures can no longer block sight lines for traffic, encroach on bike lanes, cover manholes, or extend too close to a sidewalk. Proprietors will have to submit design schematic for their outdoor structures to the Streets Department for approval.

But the city still has not set up the system needed to enforce those rules.

The emergency ordinances that gave restaurants carte blanche to serve food in parking spaces expired Jan. 1. Officials sent out a memo detailing new regulations and a grace period that would end in March.

For restaurants outside the by-right approval zone, there’s the extra step of getting approval from Council.

Some district lawmakers have been coordinating with restaurants, while others say they’re waiting on the Streets Department to begin taking applications.

Councilmember Kenyatta Johnson, whose district includes streetery-packed parts of Center City and South Philadelphia, introduced legislation to start the approval process for four restaurants in his district that fall outside the zone. Five others that reached out for approval still need to submit additional information, including letters of support from a community group and updated schematic drawings.

“We have not rejected any restaurant request that has come to our office,” said Vincent Thompson, a spokesperson for Johnson. “We will work on every restaurant request on a case-to-case basis.”

Meanwhile, in the city’s busiest streetery district, “We have no idea of how many restaurants want to keep their streeteries or if they will be able to meet the new requirements,” said Councilmember Mark Squilla, whose district includes 319 streeteries, more than double any other district.

Many Council districts have only a few restaurants that will be affected by the new law. But in parts of North Philadelphia and the River Wards, Councilmember Maria Quiñones-Sánchez said even with a small number of spaces, making sure the spaces are ADA- and traffic-compliant is vital.

“There needs to be some standards,” said Quiñones-Sánchez.

Streets Department spokesperson Keisha McCarty-Skelton said the city will provide more information on the application process and enforcement in the coming week: “We also recognize that some guidance will be helpful to encourage restaurant owners to remediate known issues, and to prepare operators, and the public at large, for managing outdoor dining in the new year.”