Outdoor Cafes in the B1 B2 and PC Districts Ordinance 2935 25 Master Plan Consistency Review

August 4, 2025 Page 3 of 6 Master Plan Consistency Review – Ordinance 2935-25 105 Grove Street, Suite 3, Montclair, NJ 07042 • Phone: (973) 954-2677 • www.NishuaneGroup.com l. The use of any sound amplification device on sidewalk or outdoor cafes is prohibited. m. Whenever amplified sound or music is being played inside an establishment with an outdoor cafe or sidewalk cafe, all doors must be solid, not storm or screen, and windows that open to the outside sidewalk or outdoor café shall remain closed, except as necessary for entry and exit. n. As of the effective date of this Ordinance, the owner or operator of a restaurant that does not sell alcoholic beverages and the holder of an alcoholic beverage manufacturer license or retail consumption license 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 and the holder of an alcoholic beverage manufacturer license or retail consumption license shall not encumber more than seventy-five (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. o. The zoning officer shall issue an approval to the applicant within 15 business days of the application being

with the municipality arising solely from the operation of the outdoor dining facility. o. The zoning officer shall issue an approval to the applicant within 15 business days of the application being submitted and deemed complete provided that the applicant meets and abides by all qualifications and requirements herein and imposed by N.J.S.A. 40:55D-164 et seq. with the exception that the zoning officer