Chapter 17.72
SERVICE STATIONS
Sections:
17.72.020 Use permit—Required.
17.72.030 Use permit—Issuance requirements.
17.72.010 Defined.
As used in this chapter, “service station” means the same as set forth in Section 17.02.350. (Ord. 212 § 1 (part), 1966)
17.72.020 Use permit—Required.
Notwithstanding any other provisions of this code, no service station may be operated in any portion of the city limits, without having a current, valid use permit for the particular location and use. Any existing service station, upon the effective date of this chapter, shall be deemed to have a use permit for the operation of such station which is subject to the terms and conditions set forth in this chapter and subject to the special terms and conditions set forth in the action granting the original use permit. Any holder of an existing use permit for a service station upon the effective date of this chapter who is dissatisfied with the terms and conditions imposed by this chapter shall, within 90 days after the effective date of this chapter, apply for a continuation of the existing use permit, and failure to do so will be deemed acceptance by the holder thereof, of the terms and conditions imposed by this chapter.
An application for a use permit shall be made either by the owner of the land or the lessee of the land, with the owner’s permission. The issuance of a use permit shall bind the owner, the lessee and all persons holding under the owner or lessee to all terms and conditions of the use permit. (Ord. 212 § 1 (part), 1966)
17.72.030 Use permit—Issuance requirements.
All use permits for service stations, after the effective date of the ordinance codified herein, shall be issued subject to the following terms and conditions, whether or not such terms and conditions are specifically set forth therein or not:
1. The use permit is valid only for the exact location set forth in the permit and is not transferable from the person to whom originally issued without the express approval of the planning commission. The planning commission may deny such transfer on the basis that each and all terms and conditions of the use permit have not been met, or that the location of the station no longer meets the proper zoning requirements;
2. The holder of the use permit will construct, at his own expense, traffic barriers and turn out lanes on city streets, in accordance with plans and specifications established from time to time by the city council, to prevent the flow of traffic in and out of service stations from impeding the through flow of traffic on the city streets and from causing undue hazardous conditions to exist by reason of such traffic. Such traffic lanes and barriers may be required to be constructed on the holder’s property through a broadening of the city street if the existing right-of-way would be unduly restricted by reason of the erection of such barriers;
3. The use permit is revocable by the planning commission, upon thirty days’ notice and an opportunity to be heard, upon the following grounds:
a. Unsightly conditions or accumulations of trash or wastes are allowed to accumulate after notice from the city that such condition exists,
b. The user of the permit fails to perform or keep any condition or requirement contained in the particular use permit, or any requirement of this chapter,
c. The service station is abandoned. Any service station that has been closed for a period of ninety consecutive days shall be deemed abandoned. Any service station that has not been open for business for at least ninety days out of the preceding three hundred sixty-five days shall be deemed to have been abandoned. A station not open for business shall not be deemed abandoned if it is closed by reason of strikes, war, major repairs or other causes beyond the control of the holder of the use permit therefor,
d. The user has failed to comply with all laws, rules and regulations of the city, county and state, applicable to service stations and the storage and handling of petroleum and petroleum products;
4. In the event that a use permit is revoked as provided in this chapter, the owner of the land on which such station is located shall, upon written notice by city, within six months from the mailing of such notice, remove from the site all buildings, signs, pumps, islands and underground storage tanks. If the owner fails to remove such improvements within such six month period, the city shall be authorized to enter upon the premises and remove all improvements, sell all equipment on the premises, and apply the proceeds of sale to the costs of removal. The balance of removal costs, if any, shall be paid by the owner of the property to the city, upon demand.
The continued violation of any term or condition of a use permit shall constitute a public nuisance which shall be abated as provided by law. (Ord. 304 § 1, 1973: Ord. 212 § 1 (part), 1966)