[Ord. No. 148, § 2]
Wherever the following terms are used in this article, they
shall have the meanings respectively ascribed to them in this section,
unless otherwise expressly provided, or unless a different meaning
is reasonably and clearly apparent from the language of context:
The Chief of the Fire Department, or any deputy chief engineer
or other person who shall be acting as the head of the Fire Department
in the absence of the Chief of the Fire Department.
[Ord. No. 1152, §§ VII––VIII, 9-29-2015]
The inspector of buildings, or the assistant inspector of
buildings or other person who shall be acting as the inspector of
buildings in the absence of the inspector of buildings.
A license issued under the provisions of General Laws, Chapter
148, Section 56, to a person engaged in the business of conducting
or maintaining an open-air parking space.
A space for the parking of motor vehicles for hire, other
than in a building or structure, as such words "open-air space" are
used in General Laws, chapter 148, section 56.
The stopping, standing or leaving of a vehicle in one location
for any length of time whatever without the operator of such vehicle
seated therein.
Chapter 23 of this Code, as now in effect, and as hereafter amended.
[Ord. No. 148, § 2]
The provisions of this article shall apply to the business of
conducting or maintaining an open-air parking space within the meaning
of General Laws, chapter 148, section 56, except as hereinafter otherwise
provided.
[Ord. No. 148, § 2]
The provisions of this article shall not apply to the following:
(a)
Parking spaces accommodating not more than two vehicles.
(b)
Parking spaces used for the parking of vehicles owned by persons
living in a dwelling located upon the same parcel of land as such
parking space, or upon any adjoining parcel of land owned by the same
person owning such dwelling.
(c)
Parking spaces used exclusively by lessees or other tenants of commercial
buildings for the parking of vehicles owned by them or by their employees,
without charge for such parking.
(d)
Parking spaces used by the occupants of any commercial or industrial
building for the loading, unloading or other movement of goods, wares
or merchandise purchased, sold, stored, processed or otherwise handled
in the business or industry conducted in such building.
(e)
Parking spaces owned, leased or rented, and maintained by commercial
or industrial establishments for the parking of vehicles belonging
to their patrons or employees, without charge for such parking. Such
parking spaces shall be subject to the provisions of this article
if any persons other than such patrons or employees are charged for
the use thereof, or if a charge is made for their use during hours
when such commercial or industrial establishments are closed. For
the purposes of this article, the use of such parking spaces shall
not be considered to be without charge if an initial charge is made
therefor with a possibility of a refund or credit for any part of
the amount charged in the event of purchases from such commercial
establishment.
(f)
Parking spaces or parking areas owned or operated by the city.
[Ord. No. 148, § 2]
All open-air parking spaces licensed under this article shall
be located, laid out, constructed, maintained and operated in accordance
with the terms of the license, the application and plans filed therewith,
and in accordance with the following requirements, in addition to
any requirements of the Zoning Ordinance or by any other law or ordinance
applicable thereto:
(a)
The space provided for the parking of each vehicle shall be not less
than eight feet in width, and 20 feet in length, and shall be clearly
and plainly marked or designated on the surface of the premises by
painting, barriers or other satisfactory method specified in the application
and plan.
(b)
No vehicle shall be parked or be allowed to park on any part of the
licensed premises other than within the parking spaces shown on the
plan filed with the application.
(c)
No vehicle shall be parked or be allowed to park, on any part of
any premises within the limits of the setback building lines, if any,
applicable to such premises under the Zoning Ordinance.
(d)
No vehicle shall be parked or be allowed to park on any part of such
premises in such manner that it shall be necessary for such vehicle
to travel in reverse on, upon or over or across any part of any public
way or sidewalk thereof to leave such premises.
(e)
No vehicle shall be parked or be allowed to park nearer than 10 feet
from any part of any dwelling or any wooden building.
(f)
No vehicle shall be parked or allowed to park nearer than one foot
from the line dividing the licensed premises from adjoining premises,
unless the licensed premises shall be provided with an adequate fence
or other barrier to prevent any part of such parked vehicle from going
on, over, upon or across such adjoining premises.
(g)
The operator of every vehicle leaving such open-air parking place
shall bring his vehicle to a full stop on such premises immediately
before leaving such premises and entering upon any part of a public
way or sidewalk thereof.
[Ord. No. 148, § 2; Ord. No. 1152, §§
IX––X, 9-29-2015]
The inspector of buildings and the Fire Chief of the Fire Department
shall cause all premises licensed under this article to be inspected
at least once in each calendar year, and in addition thereto as frequently
as they may think necessary, or as the city council may require. If
they shall observe any violations of the terms and conditions of this
article, or of the license issued hereunder, they may give the licensee
written notice to take whatever action may be necessary to effect
compliance. If the licensee shall fail, neglect or refuse to effect
compliance within a reasonable time after the giving of such notice,
the inspector of buildings or the Fire Chief of the Fire Department
shall report the matter in writing to the city council, and in addition
shall take such other action or proceedings as may be necessary for
the enforcement of this article.
[Ord. No. 148, § 2]
No person shall engage in the business of conducting or maintaining
an open-air parking space without first securing a license issued
therefor by the city council under the provisions of General Laws,
chapter 148, section 56.
[Ord. No. 148, § 2]
The application for a license required by section 13-101 shall be made in writing and filed with the city clerk upon a form provided therefor by the city clerk, and shall be signed by the applicant under the penalties of perjury. It shall include the following information, and such additional information as the city council may require:
(a)
The name and address of the applicant;
(b)
The location of the premises, giving the street address, and the
lot and map number by which the premises are identified by the board
of assessors;
(c)
The name and address of the owner of the premises;
(d)
The maximum number of vehicles to be parked on the premises;
(e)
A brief description of any buildings located on the premises, and
the uses being made of such buildings on the date of application;
[Ord. No. 148, § 2]
No application for a license required by this article shall
be accepted by the city clerk unless it shall bear thereon a certificate
signed by the inspector of buildings certifying the following:
(a)
The lot and map number by which the premises are identified by the
applicant in his application.
(b)
The zoning district in which such premises are located, as classified
by the Zoning Ordinance;
(c)
That the use of such premises for the business of conducting or maintaining
an open-air parking space in the manner described in the application
and plans filed therewith is permitted under the Zoning Ordinance;
and
(d)
That the applicant has secured all permits, certificates of occupancy,
or other authorizations from the inspector of buildings or the board
of zoning appeals which he is required to secure under the Zoning
Ordinance.
[Ord. No. 148, § 2; Ord. No. 214, § 1; Ord. No. 1152, §§
XI––XIII, 9-29-2015]
No application for a license required by this article shall
be accepted by the city clerk unless it shall bear thereon the approval
of the Fire Chief of the Fire Department, certifying that in his opinion
the granting of the license and the use of the premises in the manner
proposed by the application and plans filed therewith will not constitute
a fire hazard. If the application and plan meet with the approval
of the Fire Chief of the Fire Department he is to retain the duplicate
copy of such plan for his records.
[Ord. No. 148, § 2; Ord. No. 214, § 2]
Every application for a license required by this article filed
with the city clerk shall be accompanied by a plan, together with
a duplicate copy of such plan, conforming to the following requirements:
(a)
The plan shall be drawn to a scale of not more than 10 feet of the
premises for one inch on the plan, showing the entire parcel of land,
and also showing the portion thereof intended to be used as an open-air
parking space;
(b)
The plan shall include, in the same or smaller scale, a detail of
the location of the premises with reference to the nearest intersection
of streets;
(c)
The plan shall show the location and dimensions of all structures
on the premises or within 10 feet of the premises, all proposed individual
parking spaces for each vehicle with dimensions of each space, location
and dimensions of all driveways or access areas outside of the individual
parking spaces, and location and dimensions of entrances from, and
exits to public ways;
(d)
The plan shall show set back building lines, if any, applicable to
such premises under the Zoning Ordinance;
(e)
The plan shall be signed by the applicant, the inspector of buildings
and the Fire Chief of the Fire Department for identification.
[Ord. No. 1152, § XIV, 9-29-2015]
[Ord. No. 158]
The applicant for an original license required by this article
shall, after filing the application, give notice thereof to the owners
of all premises abutting on the premises covered by such application,
and to the owners of all premises located on the portion of the opposite
side of the same street or way which is within the extension of the
side lines of the premises covered by such application. Such notice
shall be given in writing, by registered mail, addressed to such owners
as appearing from the records of the board of assessors, and shall
include the name and address of the applicant, the location of the
premises covered by the application, and the lot and map number by
which the premises covered by the application are identified by the
board of assessors. The applicant shall file with the city clerk a
copy of such notice, together with an affidavit giving the names and
addresses of all persons to whom such notice was sent, and the date
of mailing. No license shall be granted by the city council until
after the expiration of five days following the mailing of such notice
as stated in such affidavit nor until after a public hearing, notice
of the time and place of which hearing shall have been given, at the
expense of the applicant, by the city clerk by publication, not less
than seven days prior thereto, in a newspaper published in the city.
[Ord. No. 148, § 2]
The annual fee for licenses required by this article shall be
$5 for premises licensed for not more than 25 vehicles; $10 for premises
licensed for not less than 26 nor more than 50 vehicles; $15 for premises
licensed for not less than 51 nor more than 75 vehicles; and $20 for
premises licensed for more than 75 vehicles. Each such license shall
state thereon the name and address of the licensee, the lot, map number,
and street address of the licensed premises, and the number of vehicles
which may be parked on such premises. Such licenses shall take effect
upon the payment of the required license fee to the city clerk, or
upon such later date as may be stated thereon pursuant to the vote
of the city council granting the same. All such licenses shall expire
on April 30 following the date of issue. The license fee shall be
pro-rated on a monthly basis as to any license issued after April
30 in any year, but no refund shall be allowed upon the surrender,
suspension or revocation of any license. Such pro-rating shall not
operate to reduce such fee below $5.
[Ord. No. 250, § 1; Ord. No. 256, § 1]
After the license required by this article has been granted by the city council no change shall be made in the plan required by section 13-105, unless the following requirements are met, and the application and change are approved by the city council:
(a)
An application for change in the approved plan shall be filed with the city clerk, in writing, upon a form provided by the city clerk for that purpose. The application shall be accompanied by a plan, in duplicate, conforming to the requirements of section 13-105, indicating the changes requested, and by an application fee of $1.
(b)
The new plan shall be signed by the applicant, and shall have the
written approval thereon of the inspector of buildings and the Fire
Chief of the Fire Department.
[Ord. No. 1152, § XV, 9-29-2015]
(c)
The new plan shall not include therein any area of land which is
not shown on the original plan.
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The city council may approve the application and amended plan without requiring the applicant to comply with the provisions of section 13-106, and may waive public hearing. However if the application and the amended plan do not meet the requirements of paragraph (c) above, the applicant shall comply with the provisions of section 13-106.
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[Ord. No. 148, § 2]
All licenses required by this article shall be subject to all
terms and conditions which may be included in the vote of the city
council granting the same, and also shall be subject to all of the
terms, conditions and provisions of this article as now enacted or
as hereafter amended.
[Ord. No. 148, § 2]
Upon the filing of a written application with the city clerk
on or before April 30, in the form required or approved by the city
council, the holder of any license required by this article theretofore
issued, and still in full force and effect, shall be issued a renewal
thereof by the city clerk, upon the same terms and conditions as the
license being renewed, and subject to the payment of the required
annual license fee to the city clerk.
[Ord. No. 148, § 2; Ord. No. 214, § 3; Ord.
No. 303, § 1]
Licenses required by this article shall not be transferable;
except, that upon a transfer of a licensee's interest in and to a
licensed premises, the transferee may make application to the city
council for transfer of such license. The fee for such transfer shall
be $1, to be paid to the city clerk upon the issuance of such transfer.
Licenses shall not authorize any person, except the holder of such
license, to engage in business of conducting or maintaining an open-air
parking space on the licensed premises.
[Ord. No. 148, § 2]
All licenses required by this article shall be issued subject
to the right expressly reserved by the city council to suspend or
revoke the same for any reason which it shall deem sufficient, or
without specifying any reason, without the necessity of any prior
notice or hearing thereon. The reservation of such right need not
be stated in such license. This right of suspension and revocation
shall be deemed to be in addition to the right of suspension and revocation
contained in General Laws, Chapter 148, section 56.
