[HISTORY: Adopted by the Mayor and Council of the Borough of New
Providence 5-29-1973 by Ord. No. 73-7
as Ch. 15, Art. III, of the 1973 Code of Ordinances. Amendments noted where
applicable.]
This chapter is enacted for the purpose of raising revenue and for the
regulation and control of open-air parking stations for the sale or exchange
of motor vehicles.
As used in this chapter, the following terms shall have the meanings
indicated:
Any plot of ground, lot or land on which there are no permanent structures
located and where motor vehicles are exhibited or are stored, parked, kept
or located for sale or exchange as a business.
No person shall manage, conduct, operate or carry on the business of
an open-air parking station for the sale of motor vehicles unless he obtains
a license therefor.
An application for a license under this chapter shall be made to the
Mayor and Council. It shall accurately specify the location of the open-air
parking station, the portion of the lot to be used and the number of square
feet occupied thereby. The application shall be accompanied by a map or sketch
showing the exact location of the proposed parking station, the area proposed
to be used and the screening and landscaping to be provided.
The annual license fee for an open-air parking station for the sale
of motor vehicles shall be the sum of $200. Such license shall run for a period
of one year, commencing January 1 and ending December 31. If, when the application
for a license is made, less than six months of the license year have expired,
the applicant shall pay the full fee for the year; if six months shall have
expired, the applicant shall pay one-half (1/2) of the fee for the year. The
license shall be issued by the Borough Clerk after approval of the application
by the Mayor and Council. It may not be assigned or transferred except with
the consent of the Mayor and Council.
A license may be revoked by the Mayor and Council for the violation
of any provision of this chapter, upon due notice and hearing.
A.
Within 30 days after a license is issued, the area surrounding
the portion of the premises to be used for parking and storing motor vehicles
shall be enclosed by a fence. The fence shall be not less than two feet in
height and shall be of sturdy, permanent construction and shall be subject
to approval by the Building Inspector of the borough. There shall be no openings
for entrance or exit in such fence along the street line except where the
street curb has been lowered in accordance with the rules of the Borough Engineer
or, where the licensed premises front on a county road, in accordance with
the rules of the County Engineer's office. Such opening or openings shall
not exceed in number or width the portions of the curb so lowered, provided
that where the street curb has not been lowered, an entrance to the licensed
premises through such fence not exceeding four feet in width for pedestrian
use shall be permitted. Such fence shall be maintained and kept in proper
repair during the period covered by the license. No licensee shall at any
time permit more than 35 motor vehicles to be stored or kept upon the premises.
No public-address system shall be used by the licensee upon or near the premises.
B.
No motor vehicle shall be parked nearer than 10 feet
to the street right-of-way nor five feet to the side and rear boundary lines
of the premises. No motor vehicle or other object shall be exhibited, stored,
parked, kept or located under the license issued hereunder on
any street, sidewalk or part thereof or within 25 feet of any building occupied
as a residence. Adequate screening and landscaping shall be provided.
No person shall conduct, operate or carry on the business of an open-air
parking station for the sale of motor vehicles except on weekdays and Saturdays,
holidays excluded, from 9:00 a.m. to 9:00 p.m.
The provisions of this chapter shall not apply to any lot or plot of
land occupied by a public garage building wherein the business of public automobile
repair or storage is maintained or conducted. This section shall not be construed
to exempt any premises adjacent to any portion of such garage building from
the provisions of this chapter if more than three automobiles are parked or
stored thereon at any one time.
