1115.05 REGULATIONS FOR AUTOMOTIVE SERVICE STATIONS AND/OR REPAIR GARAGES AND GASOLINE SALES ESTABLISHMENTS.
   The following requirements shall apply to automotive service stations and/or repair garages and gasoline sales establishments:
   (a)   There shall be a minimum of two (2) separate driveways providing ingress and egress from the property, located not closer than fifty (50) feet from one another, twenty-five (25) from any adjacent residentially zoned district, or a minimum of seventy-five (75) feet from a street intersection. The Village may require the submission of a traffic study prepared by a qualified traffic engineer to evaluate the proposed driveway locations and if necessary, recommend alternate locations.
   (b)   The entire lot area, exclusive of the area covered by the building, shall be paved and/or landscaped. A minimum four (4) inch high curb shall separate all paved areas from all landscaped areas.
   (c)   In the case of an automotive service station/repair garage or gasoline sales establishment, the light from exterior lighting shall be so shaded, shielded or directed that the light intensity or brightness shall not be objectionable to any surrounding residential area.
   (d)   A solid fence, wall or evergreen hedge, four (4) to six (6) feet in height shall be constructed or planted, and maintained in good condition where ever such use abuts a residentially zoned district.
   (e)   Motor vehicle fuel pumps, compressed air connections and similar equipment shall be erected no closer than fifteen (15) feet to any right-of-way line.
   (f)   Canopies erected on an automotive filling station site shall be erected no closer than fifteen (15) feet to any right-of-way line and shall not be more than eighteen (18) feet above the ground nor less than fourteen (14) feet above the ground.
   (g)   Other uses permitted in a district which automotive service stations are permitted may be combined on the same premises with automotive filling station uses provided that, before the commencement of such combined uses, a development plan shall be submitted to the Planning Commission for its review and approval. In determining the approval, approval with modifications or disapproval of such development plan, the Planning Commission shall consider the following factors, and its approval or disapproval shall be based on the following factors alone:
      (1)   Access, ingress, egress and traffic circulation;
      (2)   Off-street parking and loading spaces as required by this Zoning Code;
      (3)   Adequate and safe separation of uses; and
      (4)   Compliance with the requirements of this Chapter.
   (h)   No vehicles shall be parked within the required front yard of any automotive service station except for those vehicles actually being serviced at the pump island. No vehicle not owned or utilized by an employee or owner of such automotive filling station shall be permitted to stand out of doors on such premises for more than 72 hours.
   (i)   The following shall regulate the abandonment of automotive service and gas stations:
      (1)   If any automobile filling station is abandoned for a period of at least six (6) consecutive months, 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 shall be abated.
      (2)   A.   Such abandoned condition shall be abated within sixty (60) days either by placing the station in operation in accordance with this section and other applicable laws and regulations of the Village and State, adapting and using the building or structure for another permitted use in the district in which it is located, or by razing the station, removing the pumps, canopy and signs, abandoning the underground storage tanks in accordance with safe accepted practices as prescribed by the National Fire Protection Association in Appendix C to N.F.P.A. No. 30, under the supervision of the Village's Fire Chief or other designated officials, 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 in operation for ninety (90) consecutive days thereafter, the provision of this sub-section shall not apply.
         B.   Whenever the Zoning Official shall find any automotive service station/repair garage to be abandoned within the meaning of this Section, the Zoning Official 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 the address to which tax bills are sent, or by a combination of the foregoing methods.
      (3)   On the failure, neglect or refusal of any owner to comply with the notice to abate such abandonment, the Zoning Official shall take such action as may be necessary to abate such nuisance including the charge of a tax lien on the property.
      (4)   Inoperative service stations which do not come within the definition of an abandoned station shall be maintained in accordance with the provisions of this section and other applicable laws and regulations, and the owner shall maintain the premises, mowing grass and removing all weeds and rubbish. The parking of motor vehicles on the premises shall be strictly prohibited, and the owner shall place in the window of such station a sign of at least ten (10) square feet in area, notifying the public of this fact. Notwithstanding any other provision of this section, if the Zoning Official shall find that such notice is not complied with by the public, he may order the owner of the premises on which any station is inoperative for more than six months to install fencing or barricade, approved by the Zoning Official, which will be sufficient to block motor vehicles access to the property. (Ord. 2013-04-CD. Passed 4-2-13; Ord. 2020-04- CD. Passed 12-8-20.)