Rooftop Dining Proposal Returns To Docket In Morristown

MORRISTOWN, NJ — After being rejected by the Morristown council two years ago, the Iron Bar has been making another pitch for rooftop dining before the zoning board, a process that has been ongoing since last summer.

After being denied permission in April 2021, Iron Bar owner James Cavanaugh sought permission to extend the Iron Bar's liquor license to the roof once more.

The application has been repeatedly delayed, and it is expected to finally be heard on Wednesday, Mar. 15.

The applicant proposes to finish the rooftop of the Iron Bar as an outdoor dining area with 116 table seats and 18 bar seats. Additional enhancements include the construction of two restrooms, the extension of two stairwells, and the installation of an elevator for rooftop access.

Adding wheelchair access was one of the concerns of some residents, who have previously spoken out in support of local businesses adhering to ADA guidelines.

The Board Planner's July 2022 Planning Reports concluded that commercial rooftop decks (i.e. rooftop dining) are not explicitly permitted by the land development ordinance and are thus prohibited uses.

The applicant is now requesting that the board specifically consider whether rooftop dining, defined as outdoor dining on a roof, is a conditionally permitted use in the TC Zone, which is the zone in which the restaurant is located.

The applicant claims that the rooftop at the Iron Bar is an "outdoor space," and cites two prior Morristown land use board approvals of rooftop dining areas as "accessory uses" to previously approved restaurants (Town Bar + Kitchen6 by the planning board and Stirling Tavern7 by the zoning board).

However, the Town Bar + Kitchen application was approved in 2014, prior to the adoption of the current land development ordinance. The prior ordinance made no mention of outdoor dining.

As a result, it has no precedential value when the board considers the applicant's immediate interpretation request, officials said.

Iron Bar, which is located at 5 South Street in Morristown, describes itself as a "lively bar/ night club with great shareable food offerings, draft and bottled beer and craft cocktails."

To view the full agenda for the Morristown Zoning Board meeting, click here.