Building and ordinance violations


Bella Italia






The Bella Italia lot used for parking on Joyce Street (and now, in 2010, the 2 lots next to it ) have been expanded several times in recent years and as recent as 2008 expanded to zero "0" Setback with no landscape buffer strip or buffer zone anywhere including a landscaped and visual screened strip between it and my residential property and along the front yard which is required by ordinance on Joyce Street. Even if this lot had permits and approval in the past (which it had not) the 2006 building and 2008 lot expansions each would require a new site plan submission, review and planning board approval.

You can see the city and state ordinances below the complaints.

1. No application made, No site plan, review, or site plan approval, No Planning Board or any other approval for use of a formerly vacant lots used for restaurant parking next to my residence.

2. No Landscape Buffer between his Illegal parking lots and my residential property  (especially since he removed what little buffer that existing during his expansions )

3. No Change of use of the vacant lot properties used for parking (still listed as vacant land since changed from residential)

4. No 20 foot front yard setback and 10 foot landscaped strip along Joyce Street  (Since he removed the entire front yard setback during 3 expansions of the front yard over the last several years (as recent as 2008) and paved it for parking without permits or approvals as a parking lot)

5. No Permits or Approval to operate a parking lot.

6. Restaurant building itself was expanded and 2 additions were added without being referred to the planning board by the zoning officer. No planning board application submitted, site plan submission, review or planning board approval. Also there are no blueprints, site plans, or engineering studies at all on file with the city of Orange for any of the multitude of expansions over the last 10 or 15 years!



Parking Lot Violations


210-20.3.        Freestanding restaurants and retail food stores.

   All newly established freestanding restaurants and retail food stores or additions to existing ones shall be subject to site plan review and the following requirements:

A.   All freestanding restaurants and retail food stores shall:

(1)    Provide refuse disposal in accordance with Section 210-22.6.

      [Reference: Former Chapter 210, § 210-42.2 Freestanding restaurants and retail food stores. [Added 9-6-1988 by Ord. No. 22-88; amended 5-7-1991 by Ord. No. 13-91; 10-20-1992 by Ord. No. 28-92; 10-17-1995 by Ord. No. 24-95]


§ 210-40.     Required Site Plan Approvals.

   Site plan approval pursuant to N.J.S.A. 40:55D-37a and 38 shall be required for the following improvements, changes, or additions prior to the issuance of either a building permit or a certificate of occupancy.

   All applications for residential developments that will result in the rehabilitation or creation of three (3) or more dwelling units, whether said units are in one (1) or more than one (1) structure, and whether developed at one (1) time or in stages and whether developed by one (1) entity or several entities.

A.   All applications for nonresidential developments, whether for new construction, rehabilitation or expansion of an existing use.

B.   All applications involving a change of use which requires an addition to or alteration of the existing parking or loading facilities.

C.   All applications for off-street parking developments, except that one- and two-family structures requiring no variance approvals related to parking area dimensions shall not be subject to site plan review.

D.   All applications for accessory uses which require bulk variances or, which by their nature, will increase vehicular traffic to the premises of the principal use.



§ 210-27.     Building and Parking Setback Yards.

[Amended 10-20-1992 by Ord. No. 28-92]

   Every lot must provide front, rear and side building and parking setback yards as required in its zoning district. All front yards must face upon a dedicated public street or private street approved by the Planning Board, and no lot may contain more than one (1) principal building except retail shopping centers and retail plazas.


§ 210-27.1.     Front yards.

F.   In the CD and CDA Districts, the minimum front yard building setback is twenty (20) feet. Off-street parking is permitted in the front yard, provided that no such parking is nearer than ten (10) feet to the front street property line and that such ten (10) foot strip is planted and landscaped and maintained, except for necessary drives.

   NOTE on :  210-27.3. BELOW     Rear yards. as referenced below is the closest reference that can be found in regards to the situation at hand where a commercial property abuts a residential property. This is actually referring to commercial and residential districts.

In the case at hand the exact protection for the residential property is provided bythe planning board (as seen in 210-33.3.5c below) during the change of use and application process from a vacant lot to a parking lot and that's what should have happened in the first place. So, either the buffer strip guidelines as shown below should be followed or the property owner should be required to properly file for the change of use, apply for the proper permits, and provide the proper engineering and site plan for review by the planning board (which should require similar buffer zone and screening anyway) just like everyone else has to.

  § 210-27.3.      Rear yards.

D.   In the CD and CDA Districts, the minimum rear yard building setback is twenty-five (25) feet. Off-street parking is permitted in the rear yard, provided that no parking area shall be nearer than five (5) feet to any zoning district boundary line. Where a nonresidential use in a CD or CDA District abuts a residential district, a buffer strip shall be provided having a minimum width of fifteen (15) feet for the full length of the abutment and shall be landscaped to such a degree so as to provide a visual screen between the two (2) parcels. No parking, loading or storage shall be permitted in the required buffer area



(5)    Off-street parking in nonresidential districts.

Every parcel of land hereafter established as a public or private parking area in any C, CD, or CDA District or hereafter enlarged or altered shall be developed and maintained in accordance with the following requirements:

 (c)   The off-street parking area shall be subject to the approval of the Planning Board to ensure its adequacy in relation to traffic safety, lighting and protection of the adjacent property.



§ 210-36.     Landscaping.

[Added 1-2-1996 by Ord. No. 30-95]

A.   All street trees shall be located on the street line so as not to interfere with sidewalks and utilities.

B.   Evergreen trees shall not be less than seven (7) feet in height at the time of planting.

C.   Deciduous trees shall not be less than seven (7) feet in height at the time of planting.

D.   Shrubs shall not be less than two (2) feet in height at the time of planting.

E.   All plants shall conform to the standards as set forth in American Standard for Nursery Stock, published by the American Association of Nurserymen, Inc., 1250 I Street, N.W., Suite 500, Washington, D.C.

F.   All planting shall have a winter hardiness rating of 0 to ‑5 degrees Fahrenheit -17.8 to -23.3 Centigrade (conforming with the United States Department of Agriculture map of hardiness zones for Orange).

G.         Trees, when planted, shall be balled and burlapped and properly staked.





Vacant Lots are in a Flood Zone and have been developed without engineering



§ 95-3.     Statement of purpose.

§ 95-4.     Methods of reducing flood losses.



§ 95-5.     Definitions.


General Provisions


§ 95-6.     Lands to which this chapter applies.

§ 95-7.     Basis for establishing the areas of special flood hazard.

§ 95-8.     Penalties for noncompliance.

§ 95-9.     Abrogation and greater restrictions.

§ 95-10.   Interpretation.

§ 95-11.   Warning and disclaimer of liability.

ARTICLE IV [HISTORY: Adopted by the City Council of the City of Orange Township 4-18-1989 as Ord. No. 7-89.1 Amended 1-25-1994 by Ord. No. 44-93. Amended in its entirety 6-4-2007 by Ord. No. 29-2007. Subsequent amendments noted where applicable.]




Uniform construction codes—See Ch. 74.

Zoning and land development—See Ch. 210.


ARTICLE I   Statutory Authorization, Findings of Fact, Purpose and Objectives


§ 95-1.      Statutory authorization.

   The Legislature of the State of New Jersey has in N.J.S.A. 40:48-1, et seq., delegated the responsibility to local governmental units to adopt regulations designed to promote public health, safety, and general welfare of its citizenry. Therefore, the Mayor and Council of the City of Orange Township, New Jersey does ordain as follows.

§ 95-2.      Findings of fact.

A.   The flood hazard areas of the City of Orange Township are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

B.   These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

§ 95-3.      Statement of purpose.

   It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

A.   To protect human life and health;

B.   To minimize expenditure of public money for costly flood control projects;

C.   To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

D.   To minimize prolonged business interruptions;

E.   To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, bridges located in areas of special flood hazard;

F.   To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;

G.   To insure that potential buyers are notified that property is in an area of special flood hazard; and

H.   To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

§ 95-4.      Methods of reducing flood losses.

   In order to accomplish its purposes, this chapter includes methods and provisions for:

A.   Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

B.   Requiring that uses vulnerable to floods including facilities which serve such uses, be protected against flood damage at the time of initial construction;

C.   Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

D.   Controlling filling, grading, dredging, and other development which may increase flood damage; and,

E.   Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.



ARTICLE II   Definitions


§ 95-5.      Definitions.

   Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

APPEAL — A request for a review of the City Engineer's interpretation of any provision of this chapter or a request for a variance.

AREA OF SHALLOW FLOODING — A designated AO, AH, or VO zone on a community's Digital Flood Insurance Rate Map (DFIRM) with a one percent (1%) annual or greater chance of flooding to an average depth of one (1) to three (3)  feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD — The land in the flood plain within a community subject to a one percent (1%) or greater chance of flooding in any given year.

BASE FLOOD — The flood having a one percent (1%) chance of being equaled or exceeded in any given year.

DEVELOPMENT — Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard.

DIGITAL FLOOD INSURANCE RATE MAP (DFIRM) — The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

ELEVATED BUILDING — A nonbasement building (i) built in the case of a building in an area of special flood hazard to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.

FLOOD or FLOODING — A general and temporary condition of partial or complete inundation of normally dry land areas from:

A.   The overflow of inland or tidal waters and/or

B.   The unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD INSURANCE RATE MAP (FIRM) — The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS) — The official report in which the Federal Insurance Administration has provided flood profiles, as well as the Digital Flood Insurance Rate Map(s) and the water surface elevation of the base flood.

FLOOD PLAIN MANAGEMENT REGULATIONS — Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flood plain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

HIGHEST ADJACENT GRADE — The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

LOWEST FLOOR — The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a buildings lowest floor provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements.

NEW CONSTRUCTION — Structures for which the start of construction commenced on or after the effective date of a flood plain regulation adopted by a community and includes any subsequent improvements to such structures.

START OF CONSTRUCTION — For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348) includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation.

Permanent construction does not include land preparation, such as clearing, grading and filling nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

SUBSTANTIAL IMPROVEMENT — Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

 ARTICLE III   General Provisions

§ 95-6.      Lands to which this chapter applies.

   This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Orange Township, Essex County, New Jersey.

§ 95-7.      Basis for establishing the areas of special flood hazard.

   The areas of special flood hazard for the City of Orange Township, Community No. 340192, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

A.   A scientific and engineering report "Flood Insurance Study, Essex County, New Jersey (All Jurisdictions)" dated June 4, 2007.

B.   Flood Insurance Rate Map for Essex County, New Jersey (All Jurisdictions) as shown on Index and panel numbers 0094, 0111, 0112, & 0113; whose effective date is June 4, 2007.

   The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and maps are on file at 29 North Day Street, Orange, NJ 07050.

§ 95-8.      Penalties for noncompliance.

   No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than five hundred dollars ($500.) or imprisoned for not more than ninety (90) days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City of Orange Township from taking such other lawful action as is necessary to prevent or remedy any violation.

§ 95-11.    Warning and disclaimer of liability.

   The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.

 ARTICLE IV   Development Permit

§ 95-12.    Establishment of development permit.

   A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 95-7. Application for a development permit shall be made on forms furnished by the Construction Code Official and may include, but not be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing.

   Specifically, the following information is required:

A.   Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

B.   Elevation in relation to mean sea level to which any structure has been floodproofed;

C.   Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 95-17.2; and,

D.   Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

§ 95-13.    Designation of the local administrator.

   The Construction Code Official is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

§ 95-14.    Duties and responsibilities of the administrator.

   Duties of the Construction Code Official shall include, but not be limited to:

§ 95-14.1.    Permit review.

A.   Review all development permits to determine that the permit requirements of this chapter have been satisfied.

B.   Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

C.   Review all development permits to determine if the proposed development is located in the floodway, assure that the encroachment provisions of Section 95-18A are met.

§ 95-14.2.    Use of other base flood and floodway data.

   When base flood elevation and floodway data has not been provided in accordance with Section 95-7, Basis for establishing the areas of special flood hazard, the Construction Code Official shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Section 95-17.1, Specific standards, Residential construction, and Section 95-17.2, Specific standards, Nonresidential construction.

§ 95-14.3.    Information to be obtained and maintained.

A.   Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

B.   For all new or substantially improved floodproofed structures:

(1)    Verify and record the actual elevation (in relation to mean sea level); and

(2)    Maintain the floodproofing certifications required in Section 95-12C.

C.   Maintain for public inspection all records pertaining to the provisions of this chapter. 

§ 95-14.5.    Interpretation of DFIRM/FIRM boundaries.

   Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 95-15. 

§ 95-15.1.    Appeal Board.

A.   The Zoning Board of Adjustment as established by the City of Orange Township shall hear and decide appeals and requests for variances from the requirements of this chapter.

B.   The Zoning Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the City Engineer in the enforcement or administration of this chapter.

C.   Those aggrieved by the decision of the Zoning Board of Adjustment, or any taxpayer, may appeal such decision to the Superior Court of New Jersey, as provided in N.J.S.A. 40-55.

D.   In passing upon such applications, the Zoning Board of Adjustment, shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

(1)    The danger that materials may be swept onto other lands to the injury of others;

(2)    The danger to life and property due to flooding or erosion damage;

(3)    The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4)    The importance of the services provided by the proposed facility to the community;

(5)    The necessity to the facility of a waterfront location, where applicable;

(6)    The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

(7)    The compatibility of the proposed use with existing and anticipated development;

(8)    The relationship of the proposed use to the comprehensive plan and flood plain management program of that area;

(9)    The safety of access to the property in times of flood for ordinary and emergency vehicles;

(10)  The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and,

(11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

E.   Upon consideration of the factors of Section 95-15.1D. and the purposes of this chapter, the Zoning Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

F.   The City Engineer shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.

ARTICLE V   Provisions for Flood Hazard Reduction

§ 95-16.    General standards.

   In all areas of special flood hazards the following standards are required.

§ 95-16.2.    Construction materials and methods.

A.   All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

B.   All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

§ 95-17.2.    Nonresidential construction.

A.   New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or together with the attendant utilities and sanitary facilities, shall:

 (1)   Require within any AO zone on the municipality's DFIRM/FIRM that all new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet (at least two (2) feet if no depth number is specified). And, require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures; or

(2)    Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

(3)    Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,

(4)    Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in Section 95-14.3B 


§ 95-18.    Floodways.

   Located within areas of special flood hazard established in Section 95-7 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

A.   Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

B.   If Section 95-18A. is satisfied, all new construction and substantial improvements must comply with Article V, Provisions for Flood Hazard Reduction.

1Editor's Note: Said ordinance also superseded former Ch. 95, Floodplain Management, adopted 12-7-76 as Ord. No. 31-76 and former Ord. No. 14-84 adopted 6-19-84, which incorporated the requirements of the National Flood Insurance Program and was kept on file in the office of the City Clerk.


  This section was taken from the online version of the Orange City Code Book, This page will be updated soon because I think the online code book may not be up to date with the ordinance numbers.  

§ 142-9.   Definitions.

§ 142-10.          Purpose and applicability.

§ 142-11.          Permit required.

§ 142-12.          Application procedure; inspection fee.

§ 142-13.          Inspections.

§ 142-14.          Issuance of permit; duration; fee.

§ 142-15.          Posting of rates.


ARTICLE II   Private Parking Lots


§ 142-9.     Definitions.

   For the purposes of this Article, the following terms shall have the meanings indicated:

PARKING STATION or PARKING LOT — Any outdoor vacant or unimproved plot of land, area or premises, or any portion thereof, used wholly or in part for the parking of any motor vehicle or, if the same is improved, any unimproved portion thereof.


§ 142-11.   Permit required.

   No person shall operate, maintain, hold out or offer for public use within the city a parking station or parking lot for automobiles without first applying for and receiving from the City Clerk, upon approval by the Planning Board, the Chief of Police and the Fire Chief, a permit so to do as provided in this Article.

§ 142-12.   Application procedure; inspection fee. [Amended 5-18-82 by Ord. No. 16-82]

   Every application for a permit to operate a parking station or parking lot shall be in writing, upon a form provided by the City Clerk for that purpose. Such application shall state the name and address of the applicant and a description of the property whereon it is proposed to conduct a parking station or parking lot. Such application shall then be referred to the Planning Board, and such Board shall approve or reject the proposed site of the parking station or parking lot. If the Planning Board approves the site of the parking station or parking lot, the application shall then pass for approval or rejection to the City Council as to the proposed site of the parking station or parking lot. The application shall also contain such other information as the City Clerk shall require and shall be accompanied by the inspection fee provided in Chapter 88, Fees, for which the City Clerk shall issue a receipt.

§ 142-13.   Inspections.

   Upon the filing of an application under this Article, ac­companied by the inspection fee, it shall be the duty of the City Clerk or any of his duly authorized representatives to investigate the premises and determine whether the proposed parking station or parking lot, or the site selected therefor, conforms to the requirements of this Article; and no permit shall be issued unless such parking station or parking lot, or the site selected therefor, complies with the requirements of this Article and meets with the approval of the City Clerk. The City Clerk shall reject such ap­plication that does not comply with all of the ordinances of the city, as well as the laws of the state, provided that any person aggrieved by the decision of the City Clerk may, within ten (10) days thereafter, apply to the City Council for a hearing as to the matters in question, whereupon a time for hearing shall be set, which shall be not later than ten (10) days thereafter, at which time a full and complete hearing shall be had before the City Council, who shall confirm, modify or disapprove the action of the City Clerk.

§ 142-14.   Issuance of permit; duration; fee.  [Amended
 5-18-82 by Ord. No. 16-82]

   Each parking station or parking lot permit under this Article shall be issued for a period of one (1) year and shall be subject to suspension or revocation for cause by the City Clerk.  If a permit is granted in accordance with the provisions of this Article, a fee shall be charged for each permit so granted, based upon the capacity of the parking station or parking lot for parking motor vehicles, and such fee shall be as provided in Chapter 88, Fees.  No fee, with the exception of the inspection fee referred to in this Article, shall be required for the permit issued for any parking station operated exclusively as an adjunct to or for the sole use by the patrons of a hotel, restaurant, store or theater, for the use of which no charge is made.


Updating: More to follow including photographs and video......