Marini, J.c.c. (temporarily assigned).
[50 NJSuper Page 363] This matter was heard on May 1, 1958, and the following facts were stipulated:
The defendant is owner of property, the subject matter of this case, which is in a B-2 business zone in the Borough of Alpine, pursuant to the borough zoning ordinance referred to in the complaint, which ordinance was stipulated as being the ordinance in question.
It was further stipulated that on or about February 22, 1958 the defendant used his property for the storage of various equipment and material as follows: John Deere Tractor Dozer; two-wheeled trailer for dozer; front-end loader; Dodge dump truck, Registration No. XMT 621 with snow plow attached; Ford Dump truck; one bucket for front-end loader; one pile of tires and one pile of wood rustic fence, and that the defendant stored said items, or permitted them to remain on his premises without having obtained the prior approval of the planning board or the mayor and council of said borough.
The defendant was convicted before the local magistrate on a complaint which charged that he violated the provisions of section 6(b) and section 6(b)(3), on the allegation that he used his premises as a public garage without prior approval.
Section 6(b) of the zoning ordinance reads as follows:
"In a 'B-2' Business Zone no building or lot shall be used for any purpose except the following:
(1) Any use permitted in a 'B-1' zone.
(2) A retail business establishment, bank, office of a professional or business character, except that a funeral parlor or mortuary establishment must be approved by the Mayor and Council according to Section 9 of this ordinance.
(3) A public garage or public automobile filling station or parking lot for the parking or storage of motor vehicles if approved by the Mayor and Council according to Section 9 of this ordinance.
This zone is designed for the purpose of permitting retail business for sale to the ordinary consumer, and is intended to prevent all types of business other than general, small retail business. No business which creates a nuisance or danger to the community by reason of noxious or offensive odors, smoke, sounds or sights shall be permitted. Any business structure containing more than 2500 square feet floor space must be approved by the Mayor and Council according to Section 9 of this ordinance. Residences in the B-2 Zone shall conform to height setback and area requirements of the B-1 Zone."