The following uses shall be permitted, subject to the conditions hereinafter imposed for each use, the provisions of § 1262.05 and the review and approval of the City Planning Commission:
(a) Gasoline service stations, subject of the following conditions:
(1) Such stations shall be used for the sale of gasoline, oil and minor accessories only. No repair work shall be done, including vehicle body repair, painting, tire recapping, engine rebuilding, upholstering, auto glass work and such other activities where the external effects of the activity could adversely extend beyond the property line.
(2) Curb cuts for ingress and egress shall not be permitted at such locations that will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances shall be not less than 20 feet from a street intersection (measured from the intersection of the curb lines) or from adjacent Residential Districts.
(3) The minimum lot area shall be 12,000 square feet, with access drives so arranged that ample space is available for motor vehicles which are required to wait.
(4) The minimum lot width shall be at least 100 feet and pump islands shall be set back at least 15 feet (measured from the street right-of-way line). All buildings and other structures shall have a front yard setback of 50 feet from the street right-of-way line.
(5) Underground storage gasoline tanks shall be located not less than 50 feet from any R-Residential District only.
(6) Construction shall begin within one year from the date of approval by the City Planning Commission.
(7) All lighting shall be shielded from adjacent R-Residential Districts.
(8) Gasoline service stations shall provide a fence at least six feet in height and a greenbelt at least ten feet in width on those side and rear lot lines abutting an R-Residential District.
(9) Abandoned service stations shall be regulated as follows:
A. If any service station shall become abandoned, the service station shall be presumed to be a nuisance affecting or endangering surrounding property values and detrimental to the public health, safety, convenience, comfort or property or general welfare of the community, and shall be abated. For purposes of this division, "abandoned" means a failure to operate the service station for a least three consecutive months.
B. Whenever the Zoning Inspector finds any service station to be abandoned within the meaning of this division, he or she shall give notice in the same manner as a service of summons in civil cases, or by certified mail addressed to the owner of record of the premises at his or her last known address, or to the address to which the tax bills are sent, or by a combination of the foregoing methods, to abate the abandoned condition within 180 days. Such abandoned condition shall be abated either by placing the station in operation in accordance with this Zoning Code, adapting and using the building for another permitted business use, or razing the service station structure, removing the pumps and signs, abandoning the underground storage tanks in accordance with accepted safe practice, as prescribed by the National Fire Protection Association in Appendix "C" to NFPA No. 30, under the supervision of the Bureau of Fire Prevention of the city, 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 90 consecutive days thereafter, the provisions of this division shall not apply. Further, if a national emergency should be declared, which would curtail the operation of motor vehicles, or if the Council should determine that there exists a state of general economic depression, the provisions of this division shall not apply.
C. Upon failure, neglect or refusal of any owner to comply with the notice to abate the abandonment, the Zoning Inspector shall take such actions as may be necessary to abate the nuisance.
D. Inoperative service stations which do not come within the definition of abandoned service station shall be maintained in accordance with the provisions of this Zoning Code, and the owner shall cut all grass and remove all rubbish and weeds from the premises. The parking of motor vehicles upon the premises shall be prohibited and the owner shall place in the window of such service station a sign at least ten square feet in area notifying the public of this fact. Notwithstanding the fact that any other provision or notice is not complied with by the public, the Zoning Inspector may order the owner of the premises on which any station is in operation for more than six months to install fencing or a barricade which will be sufficient to block motor vehicle access to the property.
(10) If rental trucks and trailers are stored on the premises, a minimum lot area of 12,000 square feet shall be devoted exclusively to service station use. The storage of rental trailers on the premises shall be provided in addition to the minimum lot area devoted to the gasoline service station and such storage space shall be provided behind the setback line of the main building.
(b) Public utility buildings, telephone exchange buildings, electric transformer stations and substations and gas regulator stations, excluding storage yards.
(c) Funeral establishments, provided that an adequate assembly area is furnished off the street and outside the public right-of-way for vehicles to be used in funeral processions.
(Ord. 1-91, passed 3-4-1991)