[Ord. 6274, passed 4-24-1969]
No station, pump or place of business for the sale of gasoline,
diesel fuel, liquid propane gas or any compound fuel containing gasoline,
in quantities of over one gallon, shall hereafter be established or
operated in the City without first obtaining a permit therefor from
Council.
[Ord. 6274, passed 4-24-1969]
Any person, firm or corporation wishing to establish or operate
a station, pump or place of business for the sale of gasoline and
related petroleum products shall, before doing so, make a written
application for a permit to so establish and operate such business
on a form furnished by the City Clerk. The application shall state
the location of such proposed business, the kind of business to be
conducted and such other information as may be reasonably required.
Such application shall be filed with the City Clerk and transmitted
by the Clerk to Council for its approval or disapproval at a regularly
scheduled Council meeting.
[Ord. 6274, passed 4-24-1969]
Upon receiving such application, the City Clerk shall notify
the Fire Chief and the Building inspector that such application has
been filed, informing them of the location and nature of the business
and of the date that the matter is to be considered by Council. Upon
receipt of the information from the Clerk, the Fire Chief shall make
or cause to be made an investigation into the proposed business and
location with a view to determining whether or not such proposed business
would in any way endanger life or property or constitute a fire hazard
and make a written report back to the Clerk of his findings. In the
event he recommends denial of the permit, his reasons for such recommendation
shall be fully set forth in his report. Upon receipt of the information
from the Clerk, the Building Inspector shall make or cause to be made,
an investigation with a view to determining whether or not the proposed
business complies with all zoning and building regulations applicable
and shall make a written report back to the Clerk of his findings.
In the event he recommends denial of the permit, his reasons for such
recommendation shall be fully set forth in his report. The reports
required by the Fire Chief and Building Inspector shall be filed no
later than five days prior to the Council meeting at which the application
is to be considered by Council and shall be attached to and made a
part of the application and transmitted along with the application
to Council.
[Ord. 6274, passed 4-24-1969]
In granting or refusing such a permit, Council shall have the
right to, and shall consider, the character of the property in the
vicinity of such proposed location of such business and the effect
of its establishment in that particular location on the public health,
safety and general welfare, and shall further consider the creation
of traffic conditions and hazards in the public streets adjoining
such proposed location. No permit shall be granted for the construction,
operation or maintenance of any such business at any location where,
in the discretion of Council, by reason of traffic conditions or fire
explosion hazards or other reasons, such business would imperil the
public health, welfare or safety, or create unreasonable and hazardous
traffic conditions in the area.
[Ord. 6274, passed 4-24-1969]
If Council approves the issuance of such permit for the establishment
and maintenance of such business, the City Clerk shall be authorized
to issue a permit for the operation of such business.
[Ord. 6499, passed 10-25-1973; Ord. 7833, passed 9-13-2007]
Such permit shall be issued and renewed annually on May 1 of
each year upon payment of a fee to the City Treasurer according to
the following schedule:
|
Gasoline and Private Gasoline Filling Stations and Bulk Gasoline
Stations
| |
|---|---|
|
Fee Per Year
|
Tank or Container (Gallons Capacity)
|
|
$100
|
Less than 100,000
|
|
$200
|
100,000 to 150,000
|
|
$300
|
More than 150,000
|
However, in the event a permit is issued subsequent to May 1
of any year, the amount thereof shall be such proportion of the total
annual permit fee as the period remaining in the permit year bears
to the full permit year. In such computation a major fraction of a
month shall be considered a month, and a minor fraction of a month
disregarded.
[Ord. 6274, passed 4-24-1969; Ord. 6284, passed 7-10-1969]
All businesses permitted under the provisions of this article
shall be subject to the following general conditions and regulations:
(a)
Driveways. No gasoline filling station or public garage shall have
more than two driveways, the maximum width of which shall not exceed
30 feet at the curb line in the case of filling stations, and 15 feet
at the curb line in the case of public garages. No such driveway shall
be constructed as to change the grade line or surface of any public
street, sidewalk or alley.
(b)
Servicing vehicles on public property prohibited. No gasoline pump,
oil pits, wash racks or hoist shall be set nearer than 25 feet to
the street line, and all automobiles and other vehicles being serviced
shall be so parked as to be entirely on the property of the owner
or operator of such gasoline filling station or public garage. No
such vehicle shall be serviced while any portion thereof is standing
or parked upon the public street or sidewalk.
(c)
Safety regulations. All pumps, hoses, tanks and other devices for
the storage, handling and delivery of gasoline shall be of a type
approved by Underwriters Laboratory, Inc., and all such pumps, hoses,
tanks and other devices shall be kept in good condition and in proper
working order at all times. Fire extinguishers and other safety apparatus
shall be installed as directed by the Fire Chief and shall be kept
in good order at all times.
(d)
Lavatories. All toilet rooms and lavatories in gasoline filling stations
and public garages shall be kept in a clean and sanitary condition,
and shall be provided with paper or towels and toilet tissue.
(e)
Drainage. No waste substances and no wash water, oil, gasoline or
other liquid shall be permitted to flow or drain from the premises
of any gasoline filling station or public garage onto any public street,
sidewalk, alley or other public place.
(f)
Inspections. All such businesses shall be subject to inspection by
the Fire Chief at all reasonable times and it is hereby made the duty
of the Chief to inspect tanks and equipment of all such businesses
as to safety from fire or explosion hazards, at least once in each
year.
(g)
Disabled vehicles. No operator or owner of any such business shall
permit the storage of a disabled vehicle for a period in excess of
24 hours upon the premises unless such vehicle is enclosed in an enclosure
or building secure against access by the public.
(h)
Character of operation. No operator or owner of any such business
shall cause or permit major repairs to be made to any vehicle, other
than emergency repairs, outside of the building on the premises and
in no event shall an owner or operator permit loud noises and banging
which interferes with the peace and quiet of neighboring residential
property after 7:00 p.m.
[Ord. 6284, passed 7-10-1969]
A permit fee for each driveway authorized under this article
shall be $2 for each 10 feet of length or fraction thereof.
[Ord. 6284, passed 7-10-1969]
Council upon an appeal and after hearing may approve more than
two driveways for a gasoline filling station or public garage and
may approve a curb cut in excess of 30 feet at the curb line in the
case of filling stations and 15 feet at the curb line in the case
of public garage, and the location of gasoline pumps, oil pits, wash
racks and hoist to alleviate hardships.
[Ord. 6274, passed 4-24-1969]
Any person who is in default to the City by reason of nonpayment
of any taxes or is in default for any other reason shall not be entitled
to a permit or renewal thereof under the provisions of this article.
[Ord. 6274, passed 4-24-1969]
If any provision of this article, or its application to any
person or circumstances, shall be deemed invalid by a court of competent
jurisdiction, the remainder of this article, or the application of
the provisions to other persons or circumstances, shall not be affected.
[Ord. 6660, passed 7-13-1978]
(a)
Whenever any gasoline filling service station becomes abandoned,
such station shall be presumed to be a nuisance, affecting surrounding
property values and to be detrimental to the public health, safety,
convenience, comfort, property or general welfare of the City and
shall be abated. "Abandoned" as defined herein is the failure to operate
any gasoline filling service station for at least three consecutive
months.
(b)
Whenever the Director of Code Enforcement finds any gasoline filling
service station to be abandoned within the meaning of this section,
he shall give notice, in the same manner as the service of summons
in civil cases or by certified mail addressed to the owner of record
of the premises at his last known address or the address where tax
bills are sent or by any combination of the foregoing methods, to
abate such abandoned station within 60 days either by:
(1)
Placing such service station and operation in accordance with
the Building and Fire Prevention Codes;
(2)
Adapting and using the building for another building use permitted
under the Zoning Code, provided the service station pumps, tanks,
and signs are removed; or
(3)
Razing service station structure and removing the pumps, tanks
and signs.
(c)
All abandoned underground gasoline or storage tanks shall be removed.
The removal of underground tanks shall be performed in accordance
with safety practices as prescribed in Appendix C-4 and Appendix C-5
of the National Fire Protection Pamphlet No. 30 and under supervision
of the Bureau of Fire of the City. Under no circumstances shall any
structure be erected above any abandoned underground tank. When it
has been removed, the Director of Code Enforcement shall supervise
the necessary filling and grading of the area.
(d)
Upon the failure, neglect or refusal of any owner to comply with
the notice to abate such abandonment, the Director of Code Enforcement
shall take such action as may be necessary to abate such nuisance.
(e)
Inoperative gasoline filling service stations which are not "abandoned,"
as defined herein, shall be maintained in accordance with the provisions
of the Building and Fire Prevention Codes 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 a sign of at least 10 square feet in the window
of such service station notifying the public of this fact. Notwithstanding
any other provisions of any City ordinance, the Director of Code Enforcement
finds that such notice is not complied with by the public, he may
order the owner of which any station is inoperative for more than
three months to install fencing or barricades approved by the Director
which shall be sufficient to block motor vehicles to such property.
[Ord. 6274, passed 4-24-1969]
Any person violating the provisions of this article shall upon
conviction thereof be fined not more than $100 or imprisoned for not
more than 30 days or both. Each day such violation occurs or is permitted
to continue shall constitute a separate offense and may be punished
as such.
