The following requirements shall apply to automotive service stations in the City:
A. Location
Automotive service station buildings shall be located not less than seventy-five (75) feet from the nearest street right-of-way line. However, gasoline pumps and pump canopy, if constructed and operated as a part of an automotive service station or garage, may be erected in front of the established building line, but not less than thirty-five (35) feet from the front lot line.
B. Ingress and Egress
All driveways, platforms, and curbs of the service stations, whether located on a municipal street, county road, or state highway, shall be designed in accordance with the latest promulgation or revision thereof of the Regulations Governing Ingress and Egress at Gasoline Service Stations Fronting on all Highways Under State Jurisdiction in Ohio, adopted by the Ohio Department of Transportation.
C. Combining Other Uses
Other uses permitted in a district which automotive service stations are permitted may be combined on the same premises with automotive service 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 Chapter 1290;
3. Adequate and safe separation of uses; and
4. Compliance with the requirements of this Section.
D. Abandonment
The following shall regulate the abandonment of automotive service stations:
1. If any automobile service station is abandoned for a period at least six (6) consecutive months in any eighteen (18) month period, 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. Such abandoned condition shall be abated within thirty (30) days 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, or by razing the station, removing the pumps 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 City'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.
Whenever the Building Commissioner shall find any automotive service station to be abandoned within the meaning of this section, the Building Commissioner 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 Building Commissioner shall take such action as may be necessary to abate such nuisance.
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 Building Commissioner 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 (6) months to install fencing or barricade, approved by the Building Commissioner, which will be sufficient to block motor vehicles access to the property.
(Ord. 2000-128. Passed 12-6-00.)