[HISTORY: Adopted by the Township Committee (now Council)
of the Township of Monroe 9-4-62 by Ord. No. 112. Amendments noted where applicable[1].]
[1]
Editor's Note: The preamble to this ordinance provided
as follows:
"WHEREAS, on April 7, 1952, the Zoning Ordinance of Monroe
Township was duly passed, and
"WHEREAS, said Zoning Ordinance prohibited the operation or
maintenance of automobile wrecking yards or junkyards at any place
within Monroe Township, and
"WHEREAS, at and prior to the aforesaid date of April 7, 1952,
certain automobile wrecking yards or junkyards were operating within
the Township of Monroe and as a result thereof the same became nonconforming
uses under the present Zoning Ordinance of Monroe Township, as amended,
and
"WHEREAS, it is the desire and intention of the Township Committee
of Monroe Township to obtain a complete and accurate record of such
nonconforming automobile wrecking yards or junkyards as the same existed
on said date, and to license the same as nonconforming uses in order
to prevent the further expansion or extension of said nonconforming
uses, as well as to set up standards for the control of said nonconforming
uses.
"NOW, THEREFORE, BE IT ORDAINED...."
As used in this chapter, the following terms shall have the
meanings indicated:
The use of any lot for the storage, keeping or abandonment
of junk, including scrap metals or other scrap material, or for the
dismantling, demolition or abandonment of structures, automobiles
or other vehicles, equipment and machinery or parts thereof; provided,
however, that this definition shall not be deemed to include any of
the foregoing uses which are accessory and incidental to any agricultural
or industrial use permitted in any zone. The term "junkyard" as herein
defined shall include automobile wrecking yards.
[Amended 10-6-1975 by Ord. No. 276]
The provisions of the Zoning Ordinance of the Township of Monroe,
with supplements and amendments thereto,[2] shall in no way be affected by the terms of this chapter,
and specifically stated, it shall continue to be a violation of said
Zoning Ordinance to operate automobile wrecking yards and junkyards
at any place within the Township of Monroe, unless they shall have
existed prior to the adoption of the Zoning Ordinance, April 7, 1952.
In addition to the provisions of the Zoning Ordinance of the
Township of Monroe, the operation or maintenance of any automobile
wrecking yard or junkyard at any place within the Township of Monroe,
as herein defined, shall be and is hereby prohibited under the terms
of this chapter, except for those which are presently operating as
a nonconforming use as aforesaid.
[Amended 10-6-1975 by Ord. No. 276]
Any person, persons, partnerships, associations, corporations
or groups of persons who are operating or whose grantors are operating
an automobile wrecking yard or junkyard which existed in Monroe Township
prior to April 7, 1952 may apply to the Township Clerk for a renewable
license to operate the same under the following terms and conditions:
A.
Said applications must be submitted under oath to the Township Clerk
in writing, and said application, with supporting attached papers,
shall contain proof of date and deed reference as to property ownership
of applicant (or owner), as well as all grantors, from the date at
which commencement of operation is claimed; three copies of a sketch
plat, drawn to scale, in ink, showing the Township tax block and lot
number of premises, with building locations thereon and particularly
delineating that portion of the premises claimed to have been so used
prior to April 7, 1952, as well as the portion of the premises claimed
to be so used on the date of the application; and any other proof,
by affidavit or otherwise that said premises were so used on the said
date of April 7, 1952.
B.
Accompanying the application shall be the sum of $50, which is hereby
ordained to be an annual license fee for said nonconforming automobile
wrecking yards and junkyards, to cover the necessary cost of inspection
and administration.
Within a reasonable time after receipt of such an application
and fee, with supporting documents, in proper form, from any applicant,
the Township Clerk is hereby directed to refer the same to the Building
Inspector of Monroe Township, who shall then investigate and make
a written report to the Township Council within 30 days after the
receipt thereof. Said report shall as accurately as possible specifically
set forth the facts of the investigation upon which the Township Council
can make a determination as to when said nonconforming use commenced
and the extent thereof on April 7, 1952. The burden of proving said
nonconforming status shall be on the applicant.
If the Township Council determines, by resolution duly passed,
that said applicant is eligible to be licensed as a nonconforming
automobile wrecking yard and junkyard under the terms of this chapter,
it shall thereupon, and no later than the second regular meeting after
receiving said Building Inspector's report, notify the applicant
of said decision.
Upon issuance of a license aforesaid, the applicant from henceforth
shall be authorized to operate said junkyard or automobile wrecking
yard as a nonconforming use and to have such license renewed from
year to year upon payment of the annual renewal fee of $50 and completion
of an application for the same; provided, however, that the operation
of said junkyard or automobile wrecking yard shall be controlled by
the following provisions:[1]
A.
All goods, articles, merchandise and motor vehicles must be stored
and kept within an enclosed fence and not upon the sidewalk, street
or public right-of-way.
[Amended 10-6-1975 by Ord. No. 276]
B.
It shall be unlawful for any licensee to stack, pile or place any
of the aforesaid secondhand materials upon the licensed premises in
such a manner as to create a fire hazard or to create a place for
the harboring or breeding of rats, mice or vermin.
C.
No licensee, his servant, agent or employee shall burn any goods,
wares, motor vehicles or merchandise upon the licensed premises; provided,
however, that this shall not prohibit the use of acetylene torches
in conditioning or salvaging any such goods, wares, motor vehicles
or merchandise or parts thereof.
[1]
Editor's Note: Original Subsection (a) of this section,
pertaining to fencing requirements, was amended 8-6-73 by Ord. No.
239 and subsequently repealed 4-1-74 by Ord. No. 252, passed over
the Mayor's veto 5-6-74. The remaining subsections were renumbered
accordingly during codification.
Any applicant who has been granted a license as a nonconforming
use in accordance with the terms of this chapter shall have a period
of six months from the date thereof to comply with the provisions
of this chapter.
The Building Inspector or any authorized law enforcement officer
of the Township of Monroe is hereby empowered to inspect any premises
so licensed, and if any violation of the terms of this chapter is
found to exist upon or about any such licensed premises, the said
Building Inspector or any such duly authorized law enforcement officer
is hereby authorized to sign a complaint for said violation in the
Municipal Court of Monroe Township.
[Amended 10-6-1975 by Ord. No. 276]
Any person, firm or corporation violating or contributing in
any way to the violation of this chapter or any part thereof shall,
upon conviction thereof, be punished by a fine of not more than $500
or imprisonment for not more than 90 days, or both, at the discretion
of the Judge, and each day that the chapter is violated shall constitute
a separate offense.
