(a) Intent. U-3C Gasoline and Oil Filling Station Districts and regulations are established herein in order to achieve, among others, the following purposes:
(1) To provide appropriate regulations for gasoline and oil filling stations and uses along certain parts of major arterial streets;
(2) To minimize the interference to the flow of traffic along major arterial streets from abutting development by requiring off-street parking and regulating access driveways, and
(3) To protect adjacent residential properties by restricting the type of business use and the yards and buffer features along common boundaries.
(b) Regulations. Buildings and land shall be used and buildings shall be designed, erected, altered, moved or maintained only for the uses specifically set forth as permitted in a U-3C District and not for uses enumerated in a prior or subsequent use classification of the Zoning Ordinance unless such uses are expressly permitted.
(1) The main buildings or main uses as set forth and permitted shall be the only buildings and uses permitted therein by right. The accessory buildings or uses as set forth shall be permitted therein by right as a subordinate building or use, provided such use is planned and developed integrally therewith and clearly incident thereto and located on the same zoning lot as the main building or use.
(2) A building designed and occupied as a residence cannot be occupied in whole or in part by a gasoline or oil filling station, and a lot occupied by a dwelling shall not be occupied by any gasoline or oil filling station.
(3) Existing dwellings within a U-3C District shall be construed as a legal nonconforming use and may be continued, extended, altered, enlarged, relocated, moved and maintained subject to all lot area, building area, coverage and yard regulations of the nearest adjoining residential district.
(Ord. 4394-1973. Passed 6-25-73.)
(c) Permitted Uses. Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained in whole or in part in U-3C Gasoline and Oil Filling Ration Districts only for the uses set forth in the following schedule and regulations:
(1) Main buildings and uses permitted.
A. Gasoline and oil filling stations
1. Retail sales in building.
a. Retail sales in building shall include the sale and serving of food and beverages with the necessary permits and licensing from the Cuyahoga County Board of Health. (Ord. 11133-2019. Passed 11-19-19.)
2. Services.
a. Automotive service, washing, lubrication and minor repairs only. After issuance of a conditional use permit authorized by Council after proper notice and compliance with the following conditions, limitations and standards:
I. The applicant for such conditional use permit shall secure in writing the consent of fifty-one percent or more of the property owners within a radius of 500 feet of the outer boundaries of the proposed gasoline station site, for the erection of such station.
II. Proponents for such station shall present to Council a complete set of plans, specifications and blueprints, bearing the approval of the Planning Commission, the Building Commissioner and the Esthetics Commission.
III. There shall not be more than two oil and gasoline filling stations at the intersections of two main streets or thoroughfares. There shall not be more than one gasoline or oil filling station at the intersection of a main street or thorougl fare with a minor or residential street. There shall be no gasoline or oil filling stations at the intersection of two minor or residential streets.
IV. The proposed station shall be of modern, fireproof construction, and shall have an enclosed area of at least 2,000 squar, feet, with provisions for lavatories for both men and women, separated by soundproof walls.
V. Plans for such station shall include the hard-surfacing of all driveways and parking areas, landscaping and screening with either shrubbery or proper approved type of fencing, as may be required by Council. Location of all approach ramps shall be approved by the Director of Public Safety.
VI. Whenever a proposed gasoline service station is within 500 feet of a church, school, library, public playground or any existing gasoline and oil filling stations, notice by mail shall be given to such church, school, library, persons supervising public playgrounds and persons owning, operating orm control of such existing gasoline and oil filling g stations, at least ten days before the Council hearing provided for. Council shall satisfy itself that such proposed gasoline and oil filling station use will not seriously injure the appropriate use of such church, school, library, public playground or existing gasoline or oil filling station, will not create additional traffic hazards and will not endanger or menace the health and safety of the children or residents of this City.
VII. Parking of motor vehicles outside the gasoline and oil filling station building shall be limited to two motor vehicles for each service bay but no more than a maximum of four motor vehicles shall be so parked. No motor vehicle shall remain so parked for any period exceeding forty-eight hours.
(Ord. 4394-1973. Passed 6-25-73.)
VIII. If any gasoline or oil filling station becomes abandoned, such station shall be presumed to be a nuisance affecting or endangering surrounding property values and to be detrimental to the public health, safety, convenience, comfort, property or general welfare of the community and such nuisance shall be abated. "Abandoned" means a failure to operate the service station for at least six consecutive months. Whenever the Building Commissioner finds any gasoline or oil filling station to be abandoned within the meaning of this section, he shall give notice in the same manner as service of summons in civil cases, or by certified mail addressed to the owner of record of the premises at the last known address or to the address to which tax bills are sent, or by a combination of the foregoing methods, to abate such abandoned condition within sixty days either by placing the station in operation in accordance with this section, adopting and using the building for another permitted business use or by razing the station structure, moving the pumps and signs, abandoning underground storage tanks in accordance with accepted safe practice as prescribed by the Fire Prevention Code of the City under the supervision of the Fire Chief and filling depressions to the grade level of the lot. However, if the station is in operation at the time notice is given and remains m operation for ninety consecutive days thereafter, the provisions of this section shall not apply, and if there should be declared a national emergency which would curtail the operation of motor vehicles or if Council determines that there exists a state of runseral economic depression, the provisions of section shall not apply.
Upon the failure, neglect or refusal of any owner to comply with the notice to abate such abandonment, the Building Commissioner shall have the right to enter upon the premises and take such action as may be necessary to abate the nuisance. In abating the nuisance the Building Commissioner may take such action as is necessary to complete the abatement and may use any labor or equipment of the City or may contract for the abatement thereof, if such contract may be let without any expense whatever to the City.
Should it be practicable to sell or salvage any material resulting from the abatement, the Building Commissioner may cause the material to be sold at public or private sale at the best price obtainable and shall keep an account of the proceeds thereof. Such proceeds shall be deposited in the General Fund of the City and if the amount received is less than the cost of the abatement, the Building Commissioner shall report the matter to Council, which shall levy an assessment for the deficiency_ against the premises upon which such unlawful condition was abated and cause such assessment to be certified and collected as are other assessments by the City.
Should the proceeds of the sale of any material salvaged in the course of such abatement exceed the cost thereof, the amount of such excess shall be paid to the owner of the premises upon the filing of a claim therefor and proof of title and right to such surplus.
Any person who neglects or refuses to obey a proper order issued by the Building Commissioner or his duly authorized representative pursuant to this section shall be fined not more than two hundred dollars ($200.00) for each offense. Each day that such unlawful condition is permitted to exist, after the time specified for the abatement thereof by the owner or occupant in the notice provided for herein, shall be deemed a separate and distinct offense.
(Ord. 8526-1999. Passed 4-6-99.)
B. Retail sales in open yards of gasoline and oil filling stations shall be permitted to the following extent:
1. Automotive; the sale of gasoline, oil and accessories in service stations, and the parking of automobiles;
2. Trees, decorations, live or otherwise, used as decorations during the Christmas season.
(Ord. 8057-1995. Passed 5-16-95.)
(2) Accessory uses permitted.
A. Storage of goods and processing operations which are clearly related to the main use;
B. Accessory off-street parking and loading facilities as required and regulated in Chapter 1125;
C. Signs: business, professional, directional, development, real estate and project.
(d) Lot Area and Width Regulations. All buildings and land within a U-3C Gasoline and Oil Filling Station District shall be used and buildings designed, altered, erected, moved or maintained,' in whole or in part, only in accordance with the following regulations:
(1) The minimum width of any lot within any U-3C District shall be not less than 150 feet.
(2) Gasoline and oil filling stations shall not occupy a lot area of less than 25,000 square feet and a lot width of not less than 150 feet of frontage on each abutting street measured as the full width and depth of the lot exclusive of radii at street intersections.
(e) Lot Coverage Regulation. In U-3C Districts, the land area occupied by the main or accessory buildings shall not exceed thirty percent of the total area of the parcel, exclusive of areas used for drive-in facilities and their required drives.
(1) Front yards. All buildings and parking areas within an arterial business district shall be set back not less than thirty-five feet from the planned future right of way of every public street. Such yards shall be landscaped or paved and maintained in good condition. Where parking is designated in front of a building, the minimum setback shall be increased to eighty feet.
(2) Side yards. Each lot or separate development shall provide at least one side yard of not less than twenty-five feet in width unless the on-site circulation, parking and loading facilities are coordinated with adjoining developments and set forth in a joint agreement. The minimum side yard shall be twenty-five feet.
(3) Inside and corner lots. No inside lot shall be zoned for U-3C use. Where any corner lot abuts any residential district along any rear lot line, the minimum side yard within fifty feet of such residential lot shall be setback from the side street a distance equal to the setback of a main building on the abutting residential lot.
(Ord. 4394-1973. Passed 6-25-73.)
(4) Rear yards. Wherever an arterial business district adjoins a residential district along a rear lot line, the minimum distance between any business building and rear lot line shall be not less than thirty feet. Wherever a U-3C Gasoline and Oil Filling Station District abuts a residential district along the rear lot line, business buildings, drives and parking areas shall be screened from the residential district by a buffer zone conforming to the requirements of Section 1121.28 and a buffer wall conforming to the requirements of Section 1121.30.
(Ord. 6904-1986. Passed 12-23-86.)
(g) Height Regulations. The height of any main or accessory building within a U-3C District shall not exceed twenty-five feet.
(h) Application and Conflict. The existing sections of the Zoning Ordinance shall continue to apply specifically to U-3C Gasoline and Oil Filling Station Districts unless they are inconsistent and in conflict herewith, in which case such section or sections shall not apply.
(Ord. 4394-1973. Passed 6-25-73.)