ZB 2026 03_235 Prospect Ave_Planning Review

Memorandum Page 4 of 4 4. Planning Comments The current relevant definitions in the Zoning Code are as follows: • Fast Food Restaurant: Shall mean the retail sale of ready-to-eat foods and beverages for on and/or off premises consumption, whenever the foods and beverages are available upon a short waiting time, and orders are placed by the customer at a counter, and primarily served in or on disposable wrappers, containers or plates, and where there is a seating capacity of more than 15 individuals. This does not include restaurants which have "take-out" as accessory to a traditional restaurant. • Restaurant: Shall mean a public establishment which serves food and drink primarily or exclusively for consumption on the premises and is not a "fast food restaurant" as defined in this chapter. For the purposes of this chapter, a "bar" shall also be deemed a "restaurant" only if food is prepared, served and consumed on the premises. Fast food restaurants are not permitted in the P-C Zone; however, restaurants are permitted. Per the definitions above, a public establishment that serves food and drink for consumption on premises that does not meet the definition of a “fast food restaurant” is considered a restaurant. The criteria for a fast- food restaurant includes: • Retail sale of ready-to-eat foods and beverages; • Foods and beverages are available upon a short waiting time; • Orders are placed by customers at a counter; • Food is served in or on disposable wrappers, containers, or plates; and • There is seating capacity of more than 15 individuals. The Applicant has presented information which claims that all the criteria must be met in order for a food establishment to be considered a “fast food restaurant” due to the presence of “and” when listing the criteria in the definition. The Applicant has provided Operations Statements from CAVA, Just Salad, and honeygrow, stating that they do not meet all the criteria of a fast-food restaurant and should therefore be permitted in the P-C Zone. An interpretation is required by the Zoning Board to determine if “fast casual” restaurants are permitted in the P-C Zone. If this is the case, the term “fast-causal” may need to be defined and incorporated into the Zoning Code by the Township Council via ordinance. 5. Statutory Criteria • N.J.S.A. 40:55D-70(b) grants zoning boards of adjustment the power to “[h]ear and decide

be defined and incorporated into the Zoning Code by the Township Council via ordinance. 5. Statutory Criteria • N.J.S.A. 40:55D-70(b) grants zoning boards of adjustment the power to “[h]ear and decide requests for interpretation of the zoning map or ordinance or for decisions upon other special questions upon which such board is authorized to pass by any zoning or official map ordinance, in accordance with this act.” • A request for interpretation, in lieu of an appeal of a zoning officer interpretation, may be made where a property owner believes that the zoning officer has erred in interpreting the ordinance or map with regard to an application for development. Alternatively, when a zoning officer is unsure of how to interpret the zoning ordinance or map on an application for development N.J.S. 40:55D- 70b would be an appropriate mechanism to submit the question to the board.