[HISTORY: Adopted by the Board of Commissioners of the Township of Nutley 1-20-1959 by Ord. No. 1472 (Ch. 195 of the 1978 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 85.
Air pollution — See Ch. 200.
Uniform construction codes — See Ch. 272.
Fire prevention — See Ch. 344.
Wholesale purchase of gasoline — See Ch. 380.
Noise — See Ch. 460.
Zoning — See Ch. 700.
No building or premises shall be used and no building shall be erected which is arranged, intended or designed to be used as a motor vehicle service station or as a gasoline or oil filling station unless a permit is first obtained from the Board of Commissioners of the Township of Nutley.
Any person, persons, partnership or corporation desiring to use any premises or to construct and erect any building arranged, intended or designed to be used as a motor vehicle service station or as a gasoline or oil filling station shall make application in writing to the Board of Commissioners of the Township of Nutley, setting forth in said application the character of the building intended to be constructed on the premises to be used, a plot plan showing the location of the building on the premises to be used, the street entrances and the dimensions of the same, the width of the street upon which the building fronts and the location and kind of structure of all buildings within 200 feet of the property intended to be used.
After the filing of an application the Board of Commissioners shall fix a time and place, not exceeding 60 days from the date of filing of said application, at which the Board of Commissioners shall hold a public hearing on said application, and the applicant shall receive due notice thereof. Said applicant shall, at least five days prior to the time appointed for said hearing, give personal notice of said hearing to all property owners within 200 feet of the property upon which the building is intended to be located. Such notice shall be given either by handling a copy thereof to said property owners or by leaving a copy thereof at their usual place of abode if said owners are the occupants of the property affected by said application or are residents of the Township of Nutley. Whenever said owners are nonresidents of the Township of Nutley, such notice may be given by sending written notice thereof by registered mail to the last known address of the property owner or owners as shown by the most recent tax lists of said Township of Nutley. Where the owner is a partnership, service upon any partner as above provided shall be sufficient, and where the owners are corporations, service upon any officer shall be sufficient. The applicant shall by affidavit present satisfactory proof to the said Board of Commissioners at the time of the hearing that said notices have been duly served as aforesaid.
Recognizing the necessity for motor vehicle service stations and, at the same time, that they may be inimical to the public safety and general welfare if located without due consideration of the conditions and surroundings, the Board of Commissioners, after duly considering the location and physical characteristics of the building or buildings intended to be erected or used, and the traffic, fire and other hazards, conditions and surroundings incident to the operation of the proposed motor vehicle service station or gasoline or oil filling station, and the public health, public safety, public convenience and the general welfare of the community, shall grant a permit if, in the judgment of the Board of Commissioners, such building or buildings and use will not be detrimental to the health, safety and general welfare of the community and is reasonably necessary for the convenience of the community.
[Added 8-6-1968 by Ord. No. 1685]
Any person, persons, partnership or corporation owning and/or operating a motor vehicle service station or gasoline or oil filling station in the Township of Nutley shall comply with the following regulations:
A. 
No repair work on vehicles shall be done in the open on the premises except the following:
(1) 
Lubrication and changing of oil.
(2) 
The repair of tires and tubes.
(3) 
The recharging and rental of batteries.
(4) 
Such incidental work as may be necessary in connection with the installation, mounting or adjustment of accessories herein permitted to be sold or in connection with the testing and adjustment of the fuel and electrical systems of motor vehicles.
(5) 
The adjustment and installation of brakes.
B. 
No parking of commercial or bus vehicles shall be permitted on the premises except such temporary parking as may be necessary in connection with the servicing of such vehicles. No outdoor parking of any of the above-mentioned vehicles shall be permitted on the premises between the hours of 10:00 p.m. and 6:00 a.m. except such vehicles as are required to remain on the premises for further servicing or repair.
C. 
No auto body work, welding or outdoor major repair work shall be permitted on the premises.
D. 
Any major repair of motor vehicles shall be performed in a fully enclosed building. No parts or partially dismantled or disabled motor vehicles may be stored out of doors.
E. 
No motor vehicles shall be sold or displayed for sale on the premises unless the owner and/or operator of the premises holds a license permitting the display and sale of motor vehicles pursuant to the provisions of the statutes of the State of New Jersey and the ordinances of the Township of Nutley.
F. 
No storage or rental of U-Haul trailers or any similar rental vehicles shall be permitted on the premises.
G. 
The hours for conducting business at motor vehicle service stations or gasoline or oil filling stations in the Township of Nutley shall be from 5:30 a.m. or thereafter and no later than 12:00 midnight. The Director of the Department of Public Safety may vary or suspend these times in the event of emergency or fuel shortage.
[Added 12-8-1981 by Ord. No. 2067][1]
[1]
Editor's Note: Original § 195-6, Effect on existing stations, added 8-6-1968 by Ord. No. 1685, which immediately followed this subsection, was repealed 6-5-1984 by Ord. No. 2122.
[Amended 5-15-1979 by Ord. No. 1973]
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, forfeit and pay a penalty of not more than $500 or be confined to the county jail for a period not exceeding 90 days, or both.