Recognizing that certain uses, activities and
structures may be necessary to serve the needs and convenience of
the Borough and its residents, and at the same time recognizing that
such uses may be or become detrimental to the public health, safety
and general welfare if located and operated without proper consideration
being given to existing conditions and the character of the surrounding
area, such uses are hereby designated as conditional uses. The conditional
uses indicated in this section shall be permitted only upon a showing
that such use in a specified location will comply with the conditions
and standards for the location or operation of such use as contained
in this article, and only upon the issuance of an authorization therefor
by the Board.
The conditional uses indicated below shall be
permitted only upon a showing that such use in a specified location
will comply with the conditions and standards for the location or
operation of such use as contained in this article, and only upon
the issuance of an authorization therefor by the Board. The conditional
uses and the zones in which they are permitted are limited to the
following:
A.
Houses of worship in all zone districts;
C.
Assisted living facilities in the C0 Zone District.
D.
Facilities of nonprofit charter membership organizations
and the offices of charitable organizations in the CO and GC Zone
Districts west of Sheelan's Crossing;
E.
Gasoline filling stations and gasoline service stations
in the GC Zone District;
F.
Automotive service shops and automotive repair shops
including automobile body shops in the GC Zone District;
G.
Residential type public utility facilities in all
of the zone districts;
H.
Industrial type public utility facilities in the GC
Zone District west of Sheelan's Crossing;
I.
Any use within the flood area which is also a permitted
use within the zone district for that location.
K.
Telecommunications towers, antennas and appurtenant facilities in
the LI Zone.
[Added 5-7-2013 by Ord. No. 13-07R]
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:
B.
The procedures for filing simultaneous applications in § 184-59C(11);
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:
A.
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.
B.
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.
C.
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.
D.
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 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.
E.
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.
F.
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.
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.
A.
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:
(1)
The organization is or will be a bonafide nonprofit
religious group organized primarily for the benefit of its membership,
and such other activities normally carried on by religious groups.
(2)
The organization has been granted exemption
from taxation under the laws of both the State of New Jersey and the
United States.
(3)
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:
(a)
The premises may be made available on a rental
basis for meetings of other groups, private social functions and the
like; and
(b)
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.
B.
Minimum lot area. Every lot shall contain a minimum
area of 45,000 square feet.
C.
Minimum lot frontage. Every lot shall have a minimum
frontage of 150 feet.
D.
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.
E.
Front yard. There shall be a front yard equal to the
front yard setback requirement for the zone in which the site is located.
F.
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.
G.
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.
H.
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.
[1]
Editor's Note: Former § 184-178, Community shelters
and residences, was repealed 6-19-2012 by Ord. No. 12-08R.
Assisted living facilities are permitted as
a conditional use in the CO Zone District only if all of the following
conditions are complied with.
A.
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.
B.
Minimum lot area. The lot for such facility shall
contain a minimum area of two acres.
C.
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.
D.
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.
E.
Maximum number of habitable floors. No principal building
shall exceed three habitable floors, exclusive of basement.
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.
A.
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:
(1)
The organization is, or will be, a bonafide
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.
(2)
The use will not involve the sale or consumption
of liquor or alcoholic beverages in any form.
(3)
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:
(a)
The premises may be made available on a rental
basis for meetings of other groups, private social functions and the
like.
(b)
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.
(4)
Overnight accommodations shall not be provided.
(5)
The hours of use are fixed in a manner in which
the property rights of nearby property owners will not be adversely
affected.
(6)
Activities of the organization will be carried
on primarily within an enclosed building or structure.
B.
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.
C.
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.
D.
Minimum lot frontage. There shall be a minimum lot
frontage of 100 feet.
E.
Maximum building coverage. The coverage of the lot
by buildings and above-grade structures shall not exceed 40% of the
total lot area.
F.
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.
G.
Front yard. There shall be a front yard equal to the
front yard required in the zone in which the site is located.
H.
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.
I.
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.
A.
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:
(1)
All outdoor fuel pumps and lubricating and other
devices, if provided, shall be located at least 25 feet from any property
line.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(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.
B.
Automobile service stations.
(1)
An automobile 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.
(2)
A motor vehicle 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
20 feet from any property lines.
(3)
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.
(4)
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.
(5)
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.
(6)
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 motor vehicle 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 filing
station or service station shall not be permitted to operate or to
be open to the public between the public between the hours of 11:00
p.m. and 6:00 a.m. on any day.
Residential type public utility facilities and
uses are permitted in all zones only if they comply with the following
requirements:
A.
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.
B.
Maximum height of structures. Buildings shall not
exceed 15 feet in height. Other structures or equipment shall not
exceed 35 feet in height.
C.
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.
D.
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.
E.
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.
F.
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.
Industrial type public utility facilities and
uses are permitted in the GC and the LI zones and only if they comply
with the following minimum requirements.
A.
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.
B.
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.
C.
Front yard. There shall be a front yard equal to the
front yard required in the zone in which the site is located.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
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 and Floodplain Regulations, are complied with. The foregoing shall not be construed to limit in any way the applicability of Chapter 255, Stormwater Control and Floodplain Regulations.
A.
Prohibited acts.
(1)
(2)
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.
(3)
It shall be unlawful to place, keep or store out-of-doors on private property in the LI zone any inoperable motor vehicle or component part; provided it is visible from any lot in the R-75, R-150, PB, CC, CO, CC2 or GC zones, or from any public way, except to the extent permitted by § 184-185A(5) through (9).
[Amended 2-8-2005 by Ord. No. 05-04R]
(4)
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.
(5)
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:
(a)
Storage of any inoperable motor vehicle or component
part shall not continue for more than 90 days;
(b)
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.
(6)
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.
(a)
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:
[1]
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.
(b)
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:
[1]
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.
B.
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.
C.
Procedure for violations on private lands.
(1)
Whenever it shall appear to the Zoning Officer
that this section is being violated and that the land on which the
violation exists is privately owned, the Zoning Officer 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.
(2)
Said notice shall be served upon such owner
or tenant, personally, by leaving it at his or her usual place of
abode with some member of his or her household over the age of 14
years or by certified mail addressed at his or 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.
(3)
The owner or tenant shall so abate the violation
within the time fixed by the notice. For the purpose of this section,
the Zoning Officer and the Chief of the Police Department, or his
or her designee, are designated as the enforcement officers.
D.
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.
E.
Procedure for violations on public lands. Whenever it shall appear to the Zoning Officer or the Police Chief, or his or 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 Officer) shall:
(1)
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.
(2)
Ascertain, if the Police Department can, who is the owner of the inoperable motor vehicle(s) or component part(s) and the Zoning Officer shall, in writing, notify such owner to abate the violation forthwith and in all events within 10 days after the service of the notice upon him/her, which notice shall be given as required in § 184-185C for the service of notice thereunder.
