A station for the storage and sale of fuel, lubricating oil and accessories for motor vehicles may be established, erected and enlarged provided:
(a) Above ground equipment including buildings for the station shall be at least 20 feet from any property line abutting a street or highway and at least 50 feet from any lot adjoining a residentially zoned district. At no time may such equipment be in a required yard area except for canopies over gasoline islands which may be 10 feet from a property line abutting a street or highway and 25 feet from a property line abutting a residentially zoned district.
(b) The side and rear yards of such stations adjoining residentially zoned property shall be effectively screened by solid fencing and/or plantings not less than four feet in height at the time of planting and maintained at least at that height and shall be maintained in satisfactory condition.
(c) The lot size shall be a minimum of 10,000 square feet.
(d) The building shall be at least 1,000 square feet if in a district allowing motor vehicle repair work and at least 300 square feet if on a premise allowing only the sale of motor vehicle fuel and miscellaneous other items.
(e) No junk or abandoned vehicles may be stored on the site. All vehicles are to be kept within the building unless waiting for pick-up following the completion of repairs if in a district allowing motor vehicle repair work.
(f) If any service station becomes abandoned or inoperative, such service station shall be presumed to be a nuisance affecting or endangering surrounding property values and detrimental to public health, safety, convenience, comfort, property or general welfare of the community and shall be abated. "Abandoned" or "inoperative" means a failure to operate such business for at least 90 consecutive days or 120 days within a six-month period. No motor vehicles may be stored on the premises. Access to the property shall be limited including the closing of all curb cuts.
(g) Whenever the Zoning Inspector finds any service station to be abandoned or inoperative as defined herein, he shall serve notice upon the owner of record of the premises to abate such conditions within sixty days by either reopening the station or adapting the building and property for other permitted uses, including the razing of the structure(s) specifically used for the service station operations. This includes the removal of all storage containers, both above ground and underground used for the storage of motor vehicle fuels and accessory liquids. Such removal shall become a lien on the property.
(h) Before a service station, as defined under this section, may be established, erected and/or enlarged, the owner and/or operator shall give a surety bond satisfactory to the City in the sum of $50,000.00 on the condition that the owner and/or operator shall pay any and all damages and injuries which may occur to any private or public property and that the owner and/or operator shall save, indemnify and hold harmless the City against all liabilities, judgments, costs and expenses which may in any way accrue against the City as a consequence of the operation of such service stations.
This section shall not apply if City Council determines that there exists a state of general economic depression or a national emergency curtails the operation of motor vehicles.
(Ord. 147-2018. Passed 7-2-18.)