824.01 Gas station defined.
824.02 Application of chapter.
824.03 Declaration of necessity; findings.
824.04 Compliance with Building and Zoning Codes; authorization by Board of Zoning Appeals required; location.
824.05 Hearings before Board of Zoning Appeals.
824.06 Compliance with fire safety regulations.
824.07 Operation of self-service islands.
824.08 Parking area; exterior property maintenance.
824.09 Attendant or supervisor required.
824.10 Abandonment.
824.99 Penalty.
CROSS REFERENCES
Uniform fee schedule - see ADM. Ch. 210
Inoperable vehicles - see GEN. OFF. Ch. 640
Garbage and rubbish collection and disposal - see S.U. & P.S. Ch. 1060
Required parking spaces - see P. & Z. 1220.03
Uniform Building Code - see B. & H. Ch. 1410
Storage of gasoline - see F.P. 1610.05
As used in this chapter, "gas station" means a building or premises, or portions thereof, arranged or designed to be used for the retail sale of oil, gasoline or other fuel for the propulsion or lubrication of motor vehicles, including facilities for changing and repairing tires, polishing, greasing, washing, repairing, storage, bumping, painting and body repairing of motor vehicles, including motorcycles and other motor vehicles having fewer than four wheels, but excluding so-called high-speed automatic washing and steam cleaning.
(Ord. 59. Passed 3-16-82.)
Council hereby determines that it is necessary, in order to provide for the health, safety and welfare of the people of the City, to establish uniform rules for the location, equipment and operation of gas stations in the City and to regulate the same, including their number. After extensive hearings, a review of complaints and a complete study, the following determinations were made:
(a) That the operation of gas stations is in need of regulation in order to ensure the quiet, peaceful enjoyment of the areas adjacent to such stations by the residents of the City;
(b) That the unrestricted and unregulated operation of gas stations can lead to abuse and to the creation of a nuisance;
(c) That the regulation of the location, the construction, the activities and the equipment of gas stations are necessary in order to compromise the conflict which can arise between the operation of such business and the enjoyment of the adjacent residential areas; and
(d) That among other things, the noise and traffic problems occasioned by the constant ingress and egress of motor vehicles, the lights, vibration, dust, danger of fire and/or explosions, and the necessity of curb cuts incidental to the operation of gas stations, are factors peculiar to such business which warrant its being the subject of regulations as set forth in this chapter.
(Ord. 59. Passed 3-16-82.)
(a) Compliance with Building Code. No gas station shall hereafter be erected unless the building, structure or premises to be used for such business conforms and complies with the Building and Zoning Codes of the City.
(b) Board of Zoning Appeals Authorization. Gas stations shall hereafter be erected or constructed only in those districts provided by the Zoning Code of the City, and then only upon authorization by the Board of Zoning Appeals after public notice and a hearing as provided in Section 824.05.
(c) Location. No gas station shall be erected or located within 300 yards of a church, hospital, school or other institution where large numbers of pedestrians congregate.
(Ord. 59. Passed 3-16-82.)
(a) Notice. When an application is made for a permit to construct and establish a gas station, such application shall be filed in proper form with the City Clerk, together with a request for a hearing thereon. The Clerk shall immediately place the request for a hearing upon the calendar for hearings and shall cause notices, stating the time, place and object of the hearing, to be served personally or by mail, at least twelve days prior to the date of such hearing, upon the parties making the request for the hearing and the owners of record of property within 400 feet of the premises involved. All notices by mail shall be deemed to have been given when deposited in the United States mail, addressed to the respective property owners of record, to the address shown on the last assessment roll of the City.
(Ord. 1994-01. Passed 6-21-94.)
(b) Representation at Hearing. Upon the hearing of any application any party may appear in person or by agent or attorney and be heard.
(c) Decision. The Board of Zoning Appeals shall decide upon the request for a permit within a reasonable time and may make such order, requirement, decision or determination as in its opinion ought to be made in the premises so that the spirit of this chapter is observed, public safety secured and substantial justice done.
(d) Expiration of Order. Any order granted by the Board in accordance with subsection (c) hereof shall expire six months from the date thereof unless a permit in accordance therewith is applied for within such six months.
(Ord. 59. Passed 3-16-82.)
Each gas station hereafter erected or established shall comply in all respects with fire safety codes, ordinances and statutes in force and effect at the time such gas station is erected or established, including, but not limited to, fuel storage capacity.
(Ord. 59. Passed 3-16-82.)
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