Fanwood, NJ Zoning Ordinance

Editor's Note: Former Subsection B, regarding community shelters and residences, of the 2001 Code, was repealed 6-19-2012 by Ord. No. 12-08R.

Assisted living facilities in the CC Zone District.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Facilities of nonprofit charter membership organizations and the offices of charitable organizations in the GC Zone District west of Sheelan's Crossing;

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Gasoline filling stations and gasoline service stations in the GC Zone District;

Automotive service shops and automotive repair shops including automobile body shops in the GC Zone District;

Residential type public utility facilities in all of the zone districts;

Industrial type public utility facilities in the GC Zone District west of Sheelan's Crossing;

Any use within the flood area which is also a permitted use within the zone district for that location.

(Reserved)[2]

[2]

Editor's Note: Former Subsection J, regarding apartments located on the second floor in the GC zone, of the 2001 Code, was repealed 6-19-2012 by Ord. No. 12-08R.

Telecommunications towers, antennas and appurtenant facilities in the CC Zone.

[Added 5-7-2013 by Ord. No. 13-07R; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 184-175 Procedure for conditional use approval.

The review by the Board of a conditional use approval includes any required site plan review, and the procedure for obtaining conditional use approval shall be in accordance with the procedures in Article IX for processing and review of site plan and subdivision applications, unless the context clearly indicates otherwise or unless contrary to law, including but not necessarily limited to the following:

The filing procedures in Article IX;

The procedures for filing simultaneous applications in § 184-59C(11);

The completeness review procedures in Article IX;

The general review procedures in Article IX;

The conditional approval provisions in § 184-65;

The default approval provisions in § 184-66;

The provisions for extensions and tolling of approvals in §§ 184-67 and 184-68, respectively; and

The provisions for reservation of public areas, payment of taxes and assessments, disclosure of ownership and binding nature of approvals in §§ 184-76, 184-77, 184-78, and 184-79 respectively.

§ 184-176 Application of conditional use standards.

The requirements of this article shall be considered the minimum standards which must be complied with in order for the respective conditional uses or structures to be permitted in the various zone districts. In applying the standards, the following shall apply:

Conflict with other land use regulations. In the event that any conditional use standard conflicts with any requirement of this chapter not contained in this Article XIX, the conditional use standard shall apply, unless the context indicates otherwise.

Reference to other regulation. If a standard in any other article of this chapter or in any other law or document is incorporated by reference for any conditional use in this article, such referenced standard shall be construed to be a conditional use standard. A violation of any such referenced standard shall be considered a violation of a conditional use standard.

Applicability of other land use regulation not referenced herein. If any requirement of this chapter not contained or referenced in this Article XIX does not conflict with the conditional use requirements, said chapter's requirement shall be applicable to the conditional use, unless the context indicates otherwise. A violation of any requirement of this chapter applicable to any conditional use, but which requirement is not referenced in this Article XIV, shall not be considered to be a violation of a conditional use standard.

Existing conditional use. If conditional use approval is sought for an existing use, building or structure which is regulated as a conditional use by this article and which existed at the time of adoption of this chapter, or for any enlargement or expansion of an existing conditional use, or for the conversion of an existing conditional use to another conditional use, there must be full compliance with the requirements of this article in the same manner as if a new conditional use, building or structure were proposed. In the event that there is not full compliance with this article, the use and/or structure shall remain as a nonconforming use and/or structure, and any expansion, enlargement or conversion shall not be permitted as applicable except as may be approved as a use variance.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

More than one conditional use on a lot. In the event that more than one conditional use is proposed on a lot, or which, in the opinion of the Board, could reasonably be anticipated to involve more than one conditional use, the more restrictive conditional use standard shall apply. In applying this provision, the Board shall not be limited to the conditions and standards of any one of the conditional uses involved, but may apply a specific standard or condition from either or any of the uses involved. It is not intended that this provision apply to part-time schools on the same lot with and which are conducted as an adjunct or supplement to the activities of a house of worship or religious organization, such as, but not limited to, Sunday schools, nursery schools, catechism, Hebrew schools, adult education and the like, or as an adjunct or supplement to the activities or programs of chartered membership organizations.

Exemption of parks, public playgrounds and municipal use of all kinds. Parks, public playgrounds and municipal uses of all kinds are not considered conditional uses and are permitted without the necessity for use approval, conditional use approval or site plan review and approval by the Board.

§ 184-177 Houses of worship.

Houses of worship and uses and structures accessory to the houses of worship on the same site are permitted in all zone districts provided they comply with all of the following requirements. It is not intended that part-time schools which are conducted as an adjunct or supplement to the religious activities of a church, religious organization, or place of worship, such as, but not limited to, Sunday schools, nursery schools, catechism, Hebrew schools, adult education, and the like, create a mixed use as defined herein for the premises on which they are conducted.

Charter. The application shall be accompanied by the existing or proposed charter and bylaws of the organization and such other material as may be required to guarantee to the satisfaction of the Board the following:

The organization is or will be a bona fide nonprofit religious group organized primarily for the benefit of its membership, and such other activities normally carried on by religious groups.

The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.

The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:

The premises may be made available on a rental basis for meetings of other groups, private social functions and the like; and

The organization may conduct intermittent commercial activities open to the general pubic designed solely to raise funds to support the purposes of the organization or for related or affiliated organizations with charitable, educational or religious purposes, provided such activities are conducted inside of a building or structure. Such activities shall also be permitted outside of a building or structure under the authority of a special license granted by the Mayor and Borough Council, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This subsection shall not prevent the organization from hiring or otherwise engaging profit-making organizations to conduct fund-raising activities, even though a portion of the funds raised is taken by such profit-making organization as a fee; and

(c)

Sale of religious articles or items having a relation to the cultural or ethnic background of the members of the faith are permitted on a continuous basis, provided that such sales are conducted inside the building or structure.

Minimum lot area. Every lot shall contain a minimum area of 45,000 square feet.

Minimum lot frontage. Every lot shall have a minimum frontage of 150 feet.

Maximum improvement coverage. The total coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways and other improvements shall not exceed 50% of the total lot area.

Front yard. There shall be a front yard equal to the front yard setback requirement for the zone in which the site is located.

Minimum side yard. There shall be a minimum side yard which is not less than the height of the building or structure, or 20 feet, whichever is greater.

Minimum rear yard. There shall be a minimum rear yard which is not less than the height of the structure or 50 feet, whichever is greater.

Reconstruction of a house of worship. Notwithstanding any provisions of this section to the contrary, in the case of an accidental, partial, or complete destruction of a house of worship, rectory, parish house, or convent existing on January 1, 2001, the structure or building so destroyed may be reconstructed on the same site and as it existed prior to the accidental destruction, even though it may not conform to all the conditions of that conditional use for that zone. The phrase "reconstructed... as it existed" for the purposes of this section shall be deemed to mean that the structure or building may be reconstructed with ground coverage not in excess of that of the former building or structure and with usable floor space on all floors not in excess of that which existed in the former building or structure, and with a height not to exceed that which existed in the former building or structure. It shall not be necessary that the replacement be identical to the former structure in any other particulars, provided that the replacement shall be no less conforming to this chapter than the former structure.

§ 184-178 (Reserved) [1]

Editor's Note: Former § 184-178, Community shelters and residences, of the 2001 Code, was repealed 6-19-2012 by Ord. No. 12-08R.

§ 184-179 Assisted living facilities.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Assisted living facilities are permitted as a conditional use in the CC Zone District only if all of the following conditions are complied with.

Licensing. The facility shall be licensed by the DCA as a Class C rooming and boarding home or by the DOH as an assisted living residence.

Minimum lot area. The lot for such facility shall contain a minimum area of two acres.

Maximum density. There shall be no more than 30 residential units for each acre of lot area; provided, however that there shall be no more than a total of 70 residential units.

Maximum floor area ratio. The total habitable floor area within all buildings or structures on any lot shall not be more than 60% of the total lot area.

Maximum number of habitable floors. No principal building shall exceed three habitable floors, exclusive of basement.

§ 184-180 Nonprofit chartered membership organizations.

Buildings operated by chartered membership organizations for the benefit of the public and not for profit, and the office or offices of charitable organizations are permitted only in the GC Zone District and only if all of the following requirements are complied with. It is not intended that part-time schools which are conducted as an adjunct or supplement to the purposes and objective of the organization create a mixed use as defined herein for the premises on which they are conducted.

Certificate of incorporation. The application shall be accompanied by the existing or proposed certificate of incorporation and bylaws of the organization and such material as may be required to guarantee to the satisfaction of the Planning Board, the following:

The organization is, or will be, a bona fide nonprofit group organized solely for charitable purposes or for the benefit and enjoyment of its members who shall be primarily residents of the Borough and the surrounding communities.

The use will not involve the sale or consumption of liquor or alcoholic beverages in any form.

The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:

The premises may be made available on a rental basis for meetings of other groups, private social functions and the like.

The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or for related or affiliated organizations with charitable, educational or religious purposes, provided such activities are conducted inside of a building or structure. Such activities shall also be permitted outside of a building or structure under the authority of a special license granted by the governing body, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This subsection shall not prevent the organization from hiring or otherwise engaging profit-making organizations to conduct fund-raising activities, even though a portion of the funds raised is taken by such profit-making organization as a fee.

(c)

Sale of items, products, or materials related to or accessory to the primary function or activities of the organization conducted on the premises, such as, but not limited to, food or alcoholic beverages (if the organization holds a license for the sale of same), athletic equipment, and the like, are permitted on a continuous basis, provided such sales are conducted inside the building or structure.

Overnight accommodations shall not be provided.

The hours of use are fixed in a manner in which the property rights of nearby property owners will not be adversely affected.

Activities of the organization will be carried on primarily within an enclosed building or structure.

Street access. The subject property shall be located on, and driveway access shall be provided to, an arterial or collector street as designated by the Borough Master Plan.

Minimum lot area. There shall be a minimum lot area of 20,000 square feet, plus an additional 150 square feet of lot area for each 15 square feet of gross floor area in excess of 1,500 square feet of gross floor area.

Minimum lot frontage. There shall be a minimum lot frontage of 100 feet.

Maximum building coverage. The coverage of the lot by buildings and above-grade structures shall not exceed 40% of the total lot area.

Maximum improvement coverage. The coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways, and other improvements shall not exceed 60% of the total lot area.

Front yard. There shall be a front yard equal to the front yard required in the zone in which the site is located.

Minimum side yard. There shall be a minimum side yard equal to the height of the building or structure, or 20 feet, whichever is greater.

Minimum rear yard. There shall be a minimum rear yard equal to the height of the building or structure, or 50 feet, whichever is greater.

§ 184-181 Additional motor vehicle and service station requirements.

In addition to any other requirements for certain specific motor vehicle uses contained in this chapter, all motor vehicle uses shall comply with the following requirements:

All outdoor fuel pumps and lubricating and other devices, if provided, shall be located at least 25 feet from any property line.

All fuel, oil, gasoline or similar substances shall be stored underground and at least 12 feet from any and all property lines. Such facilities shall be installed and maintained in accordance with the standards of the National Board of Fire Underwriters.

All dismantled automobiles, trucks, tractors, trailers and similar equipment and parts and accessories thereof shall be stored within a building or behind a solid screen fence no less than six feet high.

Adequate receptacles shall be provided for the deposit of all motor vehicle waste material. There shall be adequate provision for disposal of trash and refuse left on the premises relating to such motor vehicle use.

Adequate space shall be provided on the site for all the elements of the motor vehicle use to be incorporated on the site, including provision for off-street parking for the maximum number of motor vehicles, and off-street loading and unloading. No loading shall occur across curbs and sidewalks. Adequate access and egress with appropriate turning radii to the site shall be provided as well as adequate queuing and turnaround space on the site so that at no time is street traffic disrupted or blocked by vehicles entering or leaving the site. Queuing of vehicles on the street or shoulder waiting to enter the site shall not be permitted. All service and repair work shall be performed within enclosed buildings.

All loading and parking areas for motor vehicles shall be paved, curbed and drained in accordance with the Borough Code.[1]

Editor's Note: See Ch. A385, Construction Specifications.

(7)

Except for single-family or two family uses, every motor vehicle use shall provide a separate entrance and exit for vehicles; entrance or exit driveways shall be located at least 20 feet from any side or rear property line. Such driveways shall be laid out as to avoid the necessity of any vehicle backing across any right-of-way.

(8)

Curbs shall be constructed so as to channelize all traffic to permitted curb cuts. There shall be no more than two curb cuts on any street frontage.

(9)

A fence of at least six feet shall be provided along all property boundary lines except along public street frontage.

(10)

When located adjacent to a residential district or use, a dense planting of evergreen bushes or trees to a width of at least 10 feet in addition to a fence shall be provided, to block headlight glare and muffle noise from motor vehicles.

(11)

All service, storage and trash areas, and such facilities as packer units, RPZ valves, LP tanks, transformers and condensers shall be completely screened from view from any public street or adjacent property.

(12)

Display lighting shall be shielded and shall be so located and maintained as not to constitute a hazard or nuisance to the traveling public or neighbors.

Gasoline service stations.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

A gasoline service station site shall not be within 200 feet of the nearest wall of any hospital, theatre, auditorium, public or other noncommercial school, firehouse, police station, church, library or other similar facility located on the same street as such site, nor within 100 feet of the nearest wall of a structure devoted to any such use located elsewhere than on the same street.

A gasoline service station shall have all of its pumps, tank and other facilities and space for the serving of motor vehicles located entirely upon private property. No facilities shall be installed for the servicing of motor vehicles standing upon a public street, and the fuel pumps shall not be located less than 25 feet from any property lines.

All garage doors or interior bay accesses shall face and be oriented toward the property's side lot line, except where such side yard faces and is adjacent to a residential use.

Outdoor storage and display of accessories and outdoor servicing, except for the filling of tires with compressed air and the dispensing of fuel, motor oil or other fluids while the vehicle is being refueled, shall be prohibited at all times. The premises shall not be used for the rental or display of trailers, mobile homes, boats or other vehicles. The rental of automobiles shall be considered a separate and distinct use from that of a service station and, as such, shall be required to comply with all requirements of New Jersey law and this chapter as they relate to automobile rental or sales establishments.

There shall be a minimum lot frontage of 100 feet; a minimum side yard of 25 feet, within which no building shall be located; and a minimum rear yard of 25 feet, within which no building shall be located.

The coverage of the lot by buildings, above-grade structures, pumps and mechanical equipment shall not exceed 20% of the total lot area.

(7)

There shall be no mechanical or automatic car washing facility located on the same lot.

(8)

When the lot upon which a gasoline service station is located is within 100 feet of a lot that is used, intended or suitable for use as, or zoned for use as, a residence, the filling station or service station shall not be permitted to operate or to be open to the public between the hours of 11:00 p.m. and 6:00 a.m. on any day.

§ 184-182 Residential type public utility facilities.

Residential type public utility facilities and uses are permitted in all zones only if they comply with the following requirements:

Proof of need. Proof shall be furnished that the proposed installation in the specific location is necessary for the proper functioning of the public utility system and for the satisfactory and convenient provision of service to the neighborhood in which the facility is to be located.

Maximum height of structures. Buildings shall not exceed 15 feet in height. Other structures or equipment shall not exceed 35 feet in height.

Minimum front yard. There shall be a minimum front yard equal to the front yard required in the zone in which the site is located.

Minimum side yard. There shall be a minimum side yard equal to the height of the building or above-grade structure or equipment, or 15 feet, whichever is greater.

Minimum rear yard. There shall be a minimum rear yard equal to the height of the building or above-grade structure or equipment, or the rear yard required in the zone in which the site is located, whichever is greater.

Trip generation. The proposed use, structure or equipment shall not generate more than 10 trips per day for any purpose, including but not limited to the operation, maintenance servicing or monitoring of any improvements on the site.

§ 184-183 Industrial type public utility facilities.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Industrial type public utility facilities and uses are permitted in the GC Zone and only if they comply with the following minimum requirements.

Maximum height of structures. Buildings shall not exceed the maximum height permitted in the zone district. Other structures or equipment shall not exceed 45 feet in height.

Front yard. There shall be a front yard equal to the front yard required in the zone in which the site is located.

Minimum side yard. There shall be a minimum side yard equal to the height of the building or above-grade structure or equipment, or the side yard required in the zone in which the site is located, whichever is greater.

Noise levels. The proposed use, structure or stationary equipment shall comply with the maximum permissible sound levels applicable to commercial sound sources set forth in the Union County Regional Environmental Health Commission Noise Control Chapter.

Exterior appearance of structures. The exterior appearance of any building or structure required for such use shall be compatible with the character of buildings or structures in the area in which the site is located.

Screening. Fencing and/or landscaping, as determined by the Board, shall be provided in sufficient quantity, location and height to prevent to the maximum extent possible, the view of above-grade structures or equipment, other than unobjectionable buildings, and any parking area from adjacent property or public streets, and to prevent to the maximum extent possible, the illumination of adjacent properties by site lighting fixtures and vehicle headlights on site.

§ 184-184 Uses within the flood area.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Notwithstanding any zone district regulations to the contrary, any use located within a flood area which is also a permitted use pursuant to the zone district regulations shall only be permitted if all of the requirements of Chapter 255, Stormwater Control for Major Developments, and Chapter 158, Flood Damage Prevention, are complied with. The foregoing shall not be construed to limit in any way the applicability of Chapter 255, Stormwater Control for Major Developments, and Chapter 158, Flood Damage Prevention.

§ 184-185 Inoperable motor vehicles.

Prohibited acts.

It shall be unlawful to place, leave, keep or store out of doors on public lands or between right-of-way lines of any public thoroughfare in the Borough:

Any inoperable motor vehicle;

Any component part;

(c)

Or any motor vehicle without one or more mounted tires.

(d)

As it relates to A(1)(a) or (b), this Subsection A(1) shall not apply in an emergency situation, but this exception shall only apply for a period not exceeding 24 hours. This Subsection A(1) shall not apply to any motor vehicle or component part owned or leased by the Borough.

It shall be unlawful to place, leave, keep or store out of doors any inoperable motor vehicle, any component part, or any motor vehicle found without one or more mounted tires on private lands in the Borough for a period of more than 20 days.

(Reserved)[1]

Editor's Note: Former Subsection A(3), regarding outdoor storage of inoperable motor vehicles in the LI Zone, of the 2001 Code, amended 2-8-2005 by Ord. No. 05-04R, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any inoperable motor vehicle or component part in a conforming enclosed garage, barn or other building so long as the inoperable motor vehicle or component part is not visible from any adjoining lot(s), or from any public way.

Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any inoperable motor vehicle or component part by any new or used car dealer in any location on the premises permitted by an approved site plan, so long as all requirements of this chapter are satisfied, in addition to the following conditions:

Storage of any inoperable motor vehicle or component part shall not continue for more than 90 days;

All leaks or drippings of vehicle fluids shall be trapped by suitable containers so as to prevent same from seeping into the pavement or ground and all shall conform with all applicable New Jersey law.

Except for service station or garage operators or new or used car dealers, no person shall park, leave or store or maintain any inoperable motor vehicle or component parts thereof for a period of more than 20 days upon any private property except as permitted in Subsection A(2) above. The provisions of this section shall not apply to motor vehicles located inside garages or other buildings or new or used vehicles being held for sale by a licensed new car dealer.

Not more than 10 vehicles. Service station or garage operators and new or used car dealers shall have the right to park, have, store or maintain, at any one time, no more than 10 inoperable motor vehicles or component parts thereof on private property owned or occupied by such licensed operators or dealers when such vehicles are being or are about to be repaired, or are being disposed of or scrapped, or are being held for insurance company evaluation, so long as there has been complete compliance with the following conditions:

Such storage of any single motor vehicle shall not continue for more than 90 days;

[2]

All of the applicable provisions of the Borough Code are met;

[3]

All requirements of this chapter for the location and operation of such storage facility are met;

[4]

Leaks or drippings of vehicle fluids shall be trapped by a suitable container so as to prevent the fluid(s) or dripping(s) from seeping into the pavement or ground.

More than 10 vehicles. Licensed service stations or garage operators or licensed new or used car dealers shall have the right to park, have, store or maintain, at any one time, more than 10 inoperable motor vehicles or component parts on private property owned or occupied by such licensed operators or dealers so long as there has been complete compliance with the following conditions:

Storage of any single vehicle shall not continue for more than 180 days;

[2]

All of the applicable provisions of the Borough Code are met;

[3]

All requirements of this chapter for the location and operation of such storage facility are met;

[4]

Fire lanes of adequate width and number of locations as determined by the Fire Department are provided;

[5]

Any vegetation in the fenced storage area must be kept trimmed and cut back to within four inches of ground level and all resultant trimmings and clippings removed from the storage area;

[6]

The property must be fully lighted and the area devoted to vehicle storage paved to provide support for emergency vehicles. Paving materials may be gravel, cinders, macadam, concrete or other similar materials and must be of sufficient depth to provide support equivalent to four inches of gravel;

[7]

The property must be surrounded by fencing at least six feet in height to prevent unlawful entry. The fences shall be maintained in good repair at all times;

[8]

To preclude view of the inoperable vehicles from the public streets or adjacent properties from ground level, landscape plantings or solid-type fencing shall be provided and maintained in sufficient quantity, density and location, and at least six feet in height; and

[9]

Leaks or drippings of vehicle fluids shall be trapped by a suitable container so as to prevent the fluid(s) or dripping(s) from seeping into the pavement or ground.

(7)

For purpose of this section, property separated from the main place of business of the service station or garage operator, or new or used car dealer, by a public road or property owned or operated by another shall be considered as part of the same property and activity.

Presumption. If any inoperable motor vehicle or component part shall be left, placed, kept or stored on private land for more than 20 days, it shall be presumed that the owner or tenant in possession of said land left, placed, kept or stored it there or permitted or suffered it to be left, placed, kept or stored there.

Procedure for violations on private lands.

Whenever it shall appear to the Zoning Official that this section is being violated and that the land on which the violation exists is privately owned, the Zoning Official shall, in writing, notify the owner or tenant in possession of the land on which the violation exists to abate the violation by removing the inoperable motor vehicle(s) or component part(s) from the Borough or into a conforming enclosed garage, barn or other building within 10 days of the service of the notice.

Said notice shall be served upon such owner or tenant, personally, by leaving it at his/her usual place of abode with some member of his/her household over the age of 14 years or by certified mail addressed at his/her usual residence, as it appears on the Tax Assessor's records as to an owner. If no address is ascertainable, notice shall be published in the newspaper in which the legal notices of the Borough may be published.

The owner or tenant shall so abate the violation within the time fixed by the notice. For the purpose of this section, the Zoning Official and the Chief of the Police Department, or his/her designee, are designated as the enforcement officers.

In the event that the Borough is forced to remove any of the inoperable motor vehicle(s) or the component part(s) prohibited to be stored or placed on lands by this section, by or under the direction of such officer, in cases where the owner or tenant shall have refused or neglected to remove same in the manner and within the time provided above, such officer shall certify the cost thereof to the governing body, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said lands, the amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon said lands, the same to bear interest at the same rate as taxes and shall be collected and enforced by the same officer and in the same manner as taxes.

Procedure for violations on public lands. Whenever it shall appear to the Zoning Official or the Police Chief, or his/her designee, that § 184-185A(1) is being violated and that the violation exists on public lands or between the right-of-way side lines of any public thoroughfare, the Police Chief or his/her designee (on his/her own determination or upon notification by the Zoning Official) shall:

Determine whether any inoperable motor vehicle or component part constituting the violation constitutes or may constitute a traffic hazard, and, if so, the Police Department shall cause it to be moved to a nonhazardous location or into an enclosed storage place.