[HISTORY: Adopted by the Mayor and Council
of the Borough of Metuchen 9-25-1978 by Ord. No. 78-21. Amendments noted where
applicable.]
It shall be unlawful for any owner, tenant or
occupant of any private property in an industrial zone which adjoins
a residential zone or adjoins a street which is a boundary line between
an industrial and residential zone to permit the outdoor storage of
industrial materials, products and equipment unless such storage is
screened by a buffer of suitable construction and material or by a
vegetative screening as approved by the Construction Code Official
of the borough to be of sufficient height so that the materials, products
and equipment are not visible from a distance of one hundred feet
from any of the industrial property lines at an average six-foot eye
level. The screening shall be permanently maintained by the property
owner to preclude the visibility as set forth in this chapter.
Motor vehicles and trailers shall be excepted from the provisions of § 163-1 of this chapter; except that any motor vehicles parked or stored on premises as described in § 163-1 shall be subject to a screening or buffer from the residential zone of a suitable nature as determined by the Construction Code Official to afford sufficient protection against vandalism, attractive nuisance and fume pollution in relation to the adjoining residential zone. Any screening which satisfies the provision of § 163-1 of this chapter shall be deemed to be sufficient to comply with the requirements of § 163-2 of this chapter.
Within 10 days of the passage of this chapter,
the Borough Clerk shall send a copy of this chapter to any owner,
tenant or occupant of premises in an industrial zone which adjoin
a residential zone or whose property line is on a street separating
an industrial zone from a residential zone.
Any owner, occupant or tenant of property in
an industrial zone adjoining a residential zone or street separating
an industrial and residential zone who objects to a decision of the
Construction Code Official or who claims that the enforcement of this
chapter will be an undue hardship may apply to the Mayor and Council
in writing for a modification of any decision of the Construction
Code Official or of any of the provisions of this chapter. In the
event a variance is necessary for the industrial property owner to
construct a type of screening approved by the Construction Code Official,
he or she shall be given a reasonable amount of time not exceeding
90 days to obtain the variance. Any screening installed pursuant to
a variance from the Board of Adjustment and/or approved by the Construction
Code Official shall be deemed compliance with the provisions of this
chapter.
The Construction Code Official of the borough
shall be the enforcing official under this chapter.
Any person who violates this chapter or any part thereof shall be punished as provided in Chapter 1, General Provisions, Article 1. Each day a violation exists shall be considered a separate violation under this chapter.
