Outdoor Cafes in the B1 J B2 0 PC Districts Ordinance 2925 25 Master Plan Consistency Review

May 16, 2025 Page 3 of 4 Master Plan Consistency Review – Ordinance 2925-25 105 Grove Street, Suite 3, Montclair, NJ 07042 • Phone: (973) 954-2677 • www.NishuaneGroup.com m. Whenever amplified sound or music is being played inside an establishment with an outdoor cafe or sidewalk cafe, all doors and windows that open to the outside sidewalk or outdoor café shall remain closed, except as necessary for entry and exit. n. Effective May 30, 2025, the owner or operator of a restaurant that does not sell alcoholic beverages seeking to utilize for purposes other than selling alcoholic beverages in outdoor spaces as an extension of their businesses shall file an application with the Municipal Zoning Officer and such application shall include: (i) a plan, sketch, picture or drawing that depicts the design, dimensional boundaries, and placement of tents, canopies, umbrellas, tables, chairs, and other fixtures of the outdoor spaces; (ii) a plan for the control of litter, the removal and storage of garbage, and the cleaning of fixtures and grounds. If a business premises’ parking lot is being used for the service and sale of either food or beverages, or both, the owner or operator of a restaurant that does not sell alcoholic beverages shall not encumber more than 75 (75%) percent of the lot’s total parking spaces for service and sale, unless the parking lot contains less than eight parking spaces, and shall maintain at least one handicapped parking space in the parking lot. (iii) written consent of the owner of the premises, if other than the applicant. (iv) an insurance certificate naming the municipality as an additional insured, with general liability on an occurrence with a limit of liability of at least $1,000,000, with respect to losses arising solely from the operation of the outdoor dining facility; or an indemnification agreement with the municipality arising solely from the operation of the outdoor dining facility.” Consistency with the Township of West Orange 2019 Master Plan Update While the Township’s Master Plan 2019 Update does not explicitly address outdoor dining, the Plan does recommend that the Land Use Regulation Ordinance “…Consider changes to permitted uses,” in recognition of market changes for retail and other uses, “…including ‘experiential’ retail and activities, such as arcades, arts and crafts studios and stores that integrate dining, coffee

d uses,” in recognition of market changes for retail and other uses, “…including ‘experiential’ retail and activities, such as arcades, arts and crafts studios and stores that integrate dining, coffee and/or bar areas…” The proposed Ordinance, which amends the regulations governing the Outdoors Cafes, is in keeping with this recommendation of the Master Plan, as it proposes updates to the zoning standards governing various uses, as the market characteristics for the uses change. Outdoor dining has always been a popular form of dining for many patrons of the Township’s restaurants. This form of dining took on even greater popularity during and in