The following requirements shall apply to automotive filling stations in the City.
(a) Lot Area and Frontage Requirements. The lot on which an automotive filling station is located shall have an area of not less than 25,000 square feet and a total frontage of no less than 150 ft.
(b) Building Requirements. All businesses, services or repairs conducted on the automotive filling station premises shall be conducted wholly within a completely enclosed building. The sale of motor vehicle fuel, lubricants and fluids may be conducted outdoors in accordance with this section.
(c) Entrances; Distance Requirements. Any vehicle ingress or egress on an automotive filling station premises shall be set back a minimum of 50 feet from the district line of any adjoining residential district. Any vehicle ingress or egress on an automotive filling station premises shall be set back a minimum of 200 feet from the property line of any school, public playground, park, cemetery, church, hospital, day care center, nursing home or public library, except where the lot on which such use exists abuts a street upon which the automotive filling station lot does not abut. Anything less than 200 ft. shall be subject of a conditional use process.
(d) Location of Equipment. Motor vehicle fuel pumps, compressed air connections and similar equipment shall be erected no closer than 15 feet to any right-of-way line, and 40 ft. from a residential district.
(e) Location of Canopies. Canopies erected on an automotive filling station site shall be erected no closer than five feet to any right-of-way line, and 40 ft. from a residential district.
(f) Yard Requirements. The building in which an automotive station is housed shall have a minimum setback of at least 40 ft. from any residential land use and residential property line.
(g) Driveways. Development plans showing ingress and egress to and from an automotive filling station premises shall be submitted to the Zoning Administrator for their approval. In granting or withholding approval, the Planning and Zoning Commission shall consider the impact of such driveway on traffic congestion, the need for access and the following minimum requirements:
(1) Lots with an excess of 150 foot frontage. Each lot with a frontage in excess of l50 feet may have two driveways provided that they are located and constructed as to provide safety to pedestrians and motorists using the property. Furthermore, the site shall be designed to maximize unbroken curb.
(2) Minimum distance of driveways from intersections. In all cases, minimum distance of driveways from street intersections shall be 30 feet measured from the nearest side of the driveway to the nearest right-of-way line of the intersecting street.
(h) Other Uses Combined with Automotive Filling Station Use. Other uses permitted in a district in which automotive filling 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 and Zoning Commission for its review and approval. In determining the approval, approval with modifications or disapproval of such development plan, the Planning and Zoning 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 Section 1171.01;
(3) Adequate and safe separation of uses; and
(4) Compliance with the requirements of this section.
(i) Parking of Vehicles. No vehicles shall be parked within the required front yard setback of any automotive filling station except for those vehicles actually being serviced at the pump island. No vehicle not owned by an employee or owner of such automotive filling station shall be permitted to stand out of doors on such premises for more than 24 consecutive hours.
(j) Rental Trailers. If rental trailers are stored on the premises, as regulated in this chapter, a minimum lot area of 12,000 square feet shall be devoted exclusively to the filling station use and there shall be provided, behind the principal building, an additional structure for the storage of rental trailers on such premises, subject to bufferyard or other provisions as may be deemed necessary and desirable by the Planning and Zoning Commission.
(k) Paving and Curbing. Any vehicle travel or parking area, other than that required for bufferyard or landscaping, shall be paved with a permanent surface of concrete, asphalt or other approved structural surface. A raised curb of not less than six inches in height shall be constructed along the entire street property line except for driveway openings. Sidewalks shall be required. All landscaping shall be approved by the Planning and Zoning Commission.
(l) Abandonment. The following shall regulate the abandonment of automotive filling stations:
(1) If any automobile filling station’s use has been discontinued for twelve (12) 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 discontinued use shall be abated within sixty (60) days of written notice from the City Manager or the City Manager’s designee, either by placing the station in operation in accordance with this section and other applicable laws and regulations of the City and State, adapting and using the building or structure for another permitted use in the district in which it is located. Uses other than a service filing station shall remove the pumps and signs, abandon 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 City's Fire Chief or other designated officials, and filling depressions to the grade level of the lot.
B. Whenever the Zoning Administrator shall find any automotive filling station to be abandoned within the meaning of this section, the Administrator 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 discontinuance of use, the City Manager or the City Manager’s designee shall take such action as may be necessary to abate such nuisance.
(4) In the case of a filling station that has had its use discontinued and is being used by the owner or the public for the parking of vehicles, the City Manager or the City Manager’s designee may order the removal of any parked vehicles. The City Manager shall have posted a sign on the premises stating that parking is prohibited and contact the registered owners of the vehicles no less than forty-eight (48) hours prior to the removal of the vehicles. The City Manager or the City Manager’s designee shall take appropriate steps to ensure no additional cars are parked on the premises of an inoperative filling station.