Buildings and land shall be used and buildings shall be designed, erected, altered, moved or maintained in whole or in part in the Automotive Service Districts only for the uses set forth in the following schedules and regulations:
(a) Main Buildings and Uses Permitted.
(1) Automotive facilities. Service stations for the sale of gasoline, oil and auto accessories, lubrication, washing, minor repair within enclosed buildings in accordance with Section 976(A).05; repair and storage garages within enclosed buildings. General retail sales of automobile merchandise shall be permitted in accordance with Section 976(A).02
(2) Automotive Service Center. For the general retail sales of tires, auto accessories and other automobile merchandise, servicing and minor repair of motor vehicles within enclosed buildings.
(3) Recreational vehicle sales and service. Motorcycle, boat, snowmobile and outboard motor sales and service, provided the use is located within a free- standing building and all testing facilities and operations are conducted within an enclosed building.
(4) Automotive sales. Automotive, truck, van and recreational vehicle sales, leasing, renting and related services, including accessory repair and service garages, provided such uses are within a free-standing building; and new and used automotive, truck, van and recreational vehicle sales lots, provided such uses are in conjunction with a permitted vehicles sales use located on the same lot as the free-standing building used for the sale of new motor vehicles.
(b) Similar Main Uses Permitted. Any other motorists service facility or service not listed above or in subsequent use classification and determined as similar by the Planning Commission in accordance with the standards set forth in Section 976(A).04 of this Zoning Code.
(c) Accessory Uses Permitted. In an automotive facility, service station or automotive service center, within the enclosed building, retail sales of tobacco products, food and beverages for consumption off the premises, or by the motoring public in a motor vehicle in quantities customarily purchased by the ordinary traveler are permitted, except that the sale of alcoholic beverages of any kind is prohibited. Drive thru windows or facilities are not permitted.
(d) Dwellings existing within the Automotive Service District on the effective date of this Zoning Code may continue to be used in accordance with the provisions of the Codified Ordinances.
(Ord. 52-2005. Passed 7-25-05.)
Notwithstanding any of the provisions of this chapter, any individual, company or corporation intending to establish an automotive service station shall submit to the Planning Commission a market analysis which shall appraise the existing and projected buying power for goods and services as related to the proposed service station and data on existing and projected traffic volumes and patterns in proximity to the proposed station. The following supplementary regulations shall also apply:
(a) An enclosed automotive service station customer service area shall not exceed four percent (4%) of the service station land area or 1,500 square feet, whichever is less. The customer service area shall be used for carry-out sales only. No seating areas for customers or food consumption on the premises is permitted.
(b) Automotive service stations shall provide delineated off-street parking spaces at the rate of not less than five spaces per 1,000 square feet of enclosed customer service area.
(c) Automotive service stations with automotive service bays shall provide delineated off-street parking spaces at the rate of not less than three nor more than five spaces per service bay. One vehicle may be stored within the service bay resulting in a total of six vehicles per bay. No unenclosed vehicle shall remain for any period exceeding seventy-two hours.
(d) No merchandise may be stored or sold except in an enclosed building.
(Ord. 52-2005. Passed 7-25-05.)
(a) As used in this chapter:
(1) “Gasoline filling station” means a building or part of a building or structure or space, used for the retail sale of gasoline, lubricants and motor vehicle accessories and for minor services and minor repairs not accompanied by objectionable noise, fumes or odors.
(2) "Repair garage" means a building or a part of a building used either solely for general repairs to motor vehicles, or for general repairs to motor vehicles in conjunction with the retail sale of gasoline, lubricants and motor vehicle accessories. "General repairs" shall mean body and fender repairs, the painting of vehicles, heavy engine repairs or replacements, welding repairs or other repairs commonly included in this category by the industry and not included in the definition of “light service, diagnostic and maintenance facility” referred to in paragraph (a)(3) hereof.
(3) “Light service, diagnostic and maintenance facility" means a building or part of a building used for brake, muffler, shock absorber, spring, tire, exhaust, electrical, alignment, tune-up and oil-lubrication work, and other regular maintenance other than that which falls under the definition of “general repairs" above, provided the work or sale of auto accessories is not accompanied by objectionable noises, fumes or odors. Such facilities may be operated either with mechanics who perform the work or as a facility that makes repair tools and space available for persons to perform work on their own vehicles.
(b) A gasoline filling station shall comply with the following performance standards as a condition precedent to its occupancy and use in the Automotive Service District:
(1) The areas immediately adjacent to all fuel pumps as well as all driveway aprons shall be surfaced with concrete. All other driveway, parking and outdoor service areas shall be surfaced with either concrete or asphalt in accordance with current State of Ohio standards.
(2) There shall be no more than three motor vehicles parked overnight, except within the enclosed area of the gasoline filling station.
(3) The sale or lease of trailers and automobiles is not permitted.
(4) When adjoining a residence district, there shall be no motor vehicle repairs after 9:00pm except in an enclosed area of the station. In no event shall there be motor vehicle repairs between the hours of 11:00pm and 7:00am except in the event of an emergency.
(5) In addition to the requirements of Chapter 976(A) of this Planning and Zoning Code, the Commission shall require the architectural design and construction of the landscaping of a gasoline filling station to be compatible and in harmony with the general character of the neighborhood.
(6) Whenever a gasoline filling station is proposed to be established on a lot adjoining a residence district, the Commission shall, prior to the approval of the final plans, hold a public hearing thereon and shall give at least twenty days notice of the time and place thereof to each owner of a residential lot located in whole or in part within 300 feet of the lot lines of the proposed station.
(7) Gasoline pumps constituting part of a gasoline filling station may be erected in a front yard but shall not be less than fifteen feet from the right-of-way line. The front yard is the area between the right-of-way line and the building setback, and except as otherwise provided, it may be used for no purpose other than landscaping, off-street parking, loading or ingress and egress.
(8) Any motor vehicle repairs outside of a building of a gasoline filling station, repair garage or light service, diagnostic and maintenance facility shall be limited to minor repairs not exceeding thirty minutes in duration.
(c) In addition to any other applicable section of these Codified Ordinances, light service, diagnostic and maintenance facilities shall be governed by the following regulations:
(1) The lot shall be lit from dusk to dawn with security lighting and all lighting shall be directed in such a manner as not to interfere with neighboring parcels.
(2) Public Washroom Facilities are required.
(3) All driveways, platforms and curbs of the service stations, whether located on a City street or State Highway shall be designed in accordance with the latest revision 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.
(Ord. 52-2005. Passed 7-25-05.)
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