[Ord. No. 646, § 1, 2-21-1961; Code 1965, § 35.01]
Terms used in this division have the following meanings:
CAR WASH ROOM
A room operated as an incident to the major business of selling
gasoline, motor oil and lubricants, in which cars are manually washed
or polished as distinguished from the places properly known as "quick
auto washes."
FILLING STATION
The business of selling gasoline, motor oil and lubricants,
automobile accessories and tires, in connection with which lubricating
racks and car wash rooms may be maintained and operated, and incidental
sales of merchandise may be made.
INCIDENTAL SALES
The selling of cigarettes, tobacco, cold drinks, kerosene,
heating oil and small articles of merchandise other than standard
automobile accessories, which may be displayed in showcases, indoor
shelving or vending machines.
[Ord. No. 646, § 2, 2-21-1961; Code 1965, § 35.01]
No person shall operate a filling station in the City without
a special permit therefor as provided in the zoning regulations. A
special permit authorizing the operation of a filling station shall
be limited to the conduct of the business of a filling station.
[Ord. No. 314, § 8, 7-24-1956; Code 1965, § 35.14]
In addition to the penalties provided for violation of this
Code, the Board of Aldermen may suspend or revoke the occupancy permit
of any person violating this division and may suspend or revoke the
permit of such person to do business.
[Ord. No. 646, §§ 3,
6, 2-21-1961; Code 1965, § 35.03]
No tires or other merchandise may be displayed at a filling
station in outdoor racks, except a limited quantity of samples which
must be displayed within 10 feet of the building. No premiums, souvenirs
or sales promotion merchandise other than a limited quantity of samples
may be displayed outside the building of any filling station.
[Ord. No. 646, § 4, 2-21-1961; Code 1965, § 35.04]
All gasoline tanks must be underground and oil, lubricant and
kerosene drums or tanks of a filling station shall be inside the building.
Heating oil may be sold from a small elevated outdoor tank.
[Ord. No. 646, §§ 5,
12, 2-21-1961; Code 1965, § 35.05]
(a) A permit to operate a filling station does not authorize the display,
leasing or selling of used or new automobiles, house or camping trailers,
tractors, graders or other motor vehicles, boats, canoes or outboard
motors, or the business of wrecking or dismantling automobiles or
other vehicles, or repair shops.
(b) By special permit, after hearing before the Board of Aldermen in the manner and subject to the rules provided for special permits under §
26-38, the following additional business may be conducted under such conditions as the Board of Aldermen shall determine are necessary for the welfare and protection of the public:
(1)
The rental of small hauling trailers which are ordinarily attached
to passenger cars;
(3)
The leasing or sale of other merchandise or commodities than
those included in the definitions of "filling station" and "incidental
sales."
(c) The prohibition against operating a repair shop shall not be construed
to prevent the removing, repair and installation of tires, spark plugs
and accessories sold on the premises, or to prevent motor tuning or
minor adjustments and repairs to motor vehicles as customary in the
filling stations for the accommodation of customers.
[Ord. No. 646, § 7, 2-21-1961; Code 1965, § 35.06]
Toilets and washrooms maintained in connection with a filling
station shall be kept clean and sanitary at all times and shall be
thoroughly cleaned at the close of business each day.
[Ord. No. 646, § 9, 2-21-1961; Code 1965, § 35.07]
All filling stations shall be regularly inspected by the Fire
Chief, and the owner, operator or person in charge shall comply with
all lawful requirements of the Fire Chief and provisions of the fire
prevention code.
[Ord. No. 314, § 4, 7-24-1956; Ord. No. 646, § 10, 2-21-1961; Code 1965,
§ 35.08]
It shall be the duty of the owner or operator of the business
to thoroughly police the grounds at the close of each business day
and pick up and deposit in cans or receptacles all refuse, bottles
and discarded containers, which shall be promptly removed from the
premises. It shall be the duty of the owner and operator of a filling
station to keep and maintain their driveways and parking areas in
good condition and free from dust, mud, rubbish and oil.
[Ord. No. 646, § 11, 2-21-1961; Code 1965, § 35.09]
No solicitation for car washing or other services or sales shall
be made at a gasoline filling station by persons beckoning or calling
to passersby or by loudspeakers or other noise making contrivances.
[Ord. No. 646, § 14, 2-21-1961; Code 1965, § 35.10]
Filling stations shall be subject to the occupational license tax under Article
III of this chapter.
[Ord. No. 314, § 2, 7-24-1956; Ord. No. 332, § I, 9-25-1956; Code 1965,
§ 35.11]
(a) The driveways and parking areas of a filling station shall be surfaced
with blacktop, asphalt or concrete according to specifications to
be prepared by the Director of Public Works. Copies of the specifications
shall be filed with the City Clerk/Collector.
(b) The filling stations in the City having driveways or parking areas
which are not surfaced in accordance with such specifications shall
be allowed 30 days after receipt of notice from the Director of Public
Works setting forth the specifications, for such driveways and parking
areas, in which to surface the driveways and parking areas in accordance
with the specifications.
(c) No building permit for a filling station shall be issued unless the
plans call for construction of hard surfaced driveways and parking
areas. No filling station constructed after September 25, 1956, shall
be granted an occupancy permit or be issued a license to operate until
the driveways and parking areas have been approved by the Director
of Public Works.
[Ord. No. 816, § 1, 4-28-1964; Code 1965, § 35.12]
(a) The driveways and parking areas of filling stations shall be used
only for ingress and egress and the temporary parking of vehicles
being serviced, and shall not be used for overnight parking or storage
of vehicles except those temporarily disabled or out of commission.
(b) No filling station shall permit trucks, tractors or trailers, or
any combination thereof, to park more than two hours upon the premises
for which the license to operate filling station applies, and no such
areas shall be used for overnight parking of such vehicles or as rest-stops
for the drivers or crews of such vehicles.
[Ord. No. 314, §§ 5,
6, 7-24-1956; Code 1965, § 35.13]
(a) Filling stations maintaining electric lights after 11:00 p.m., whether
the filling station is open for business or not, shall, between 11:00
p.m. and 7:00 a.m. the next morning, reduce the number of lights or
provide shields or other means of reducing the glare from the lights
between 11:00 p.m. and 7:00 a.m. as aforesaid, so as to avoid disturbing
nearby residents.
(b) It shall be the duty of the Director of Public Works to investigate
any complaints as to the condition of lights in filling stations after
11:00 p.m. and to specify corrective measures to be taken, if any
are required. Such specifications shall be given in writing and a
copy thereof shall be filed with the Board of Aldermen and shall include
a time limit for compliance. It shall be the duty of all owners and
operators of filling stations to comply with such specifications concerning
lights within five days from the date the written specifications are
delivered to any person in charge of the premises.