Nouhan v. Board of Adjustment

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

Intervenor Richard’s Beef and Brew, Inc., d/b/a Pub 46 (Pub 46), operates a restaurant and entertainment facility on a small parcel of land on Route 46 in Clifton. Pub 46’s authorization for operation of the restaurant is provided by a special exception granted by the Clifton Board of Adjustment in 1974.1 This special *287exception allows Pub 46 to operate a restaurant with seating for eighty-eight persons.

The ordinance in effect when the special exception was granted required thirty-four parking spaces for a restaurant with this…