The intent and purpose of this chapter is to regulate the establishment and operation of automotive fueling stations in order to ensure compatibility between fueling stations and surrounding land uses. Furthermore, it is the intent and purpose of this chapter to promote pedestrian and vehicular safety in and around automotive fueling stations, and to prevent automotive fueling stations from having negative effects upon the development or redevelopment of property in the vicinity of existing or proposed fueling stations.

The establishment of an automotive fueling station requires approval of a conditional use permit pursuant to Chapter 17.50 of this title. This requirement applies to the construction of new fueling stations, the reopening of existing fueling stations that have been closed for a period of at least 12 months, and the renovation of existing fueling stations when the renovation includes the construction, expansion or relocation of buildings or pump islands. Furthermore, any existing fueling station that is annexed by the city shall obtain approval of a conditional use permit within nine months of annexation or shall be considered a lawful nonconforming use. In obtaining conditional use permit approval, the annexed fueling station must satisfy the criteria listed in this section related to permitted and prohibited activities and services, trash enclosures, storage space, and landscaping within one year. However, the planning commission shall have the authority to modify these requirements if finds that practical difficulties exist, which would make such requirements impossible or impractical to satisfy. New automotive fueling stations may only be established in the C-N, C-G, C-R, and C-M zones.

Fueling stations existing prior to January 1, 1973, and fueling stations annexed by the city, which obtain a conditional use permit, but which do not comply with the permitted and prohibited activities and services, or the requirements regarding trash enclosures, storage space, and landscaping, shall be considered lawful nonconforming uses and subject to the provisions of Chapter 17.120.

In addition to the sale of automotive fuels, propane, motor oil, automotive fluids, windshield wipers, and other automotive accessories, the following activities may be conducted at an automotive fueling station, if specifically approved with the granting of a conditional use permit:

The following activities and facilities are prohibited at fueling stations:

The hours of operation for a fueling station may be limited as part of the conditional use permit approval. In limiting the hours of operation for a fueling station, the planning commission shall consider the following:

Beer and wine may be sold within a convenience market at a fueling station, subject to the criteria listed below and also in Chapter 17.210.

Fueling stations shall be located only in the C-N, C-G, C-R and C-M zones and only at locations meeting the following criteria:

Fueling stations shall meet the following minimum area requirements:

All buildings shall be set back from street frontage property lines a minimum of 15 feet, pump islands parallel to the adjacent street shall be situated a minimum of 16 feet from all property lines, pump islands perpendicular to the adjacent street shall be a minimum of 24 feet from all property lines, and canopies shall be a minimum of five feet from any street frontage property line. No setback shall be required for buildings to interior property line, except if the adjacent property is zoned residential, a setback of 15 feet shall be required.

There shall be a minimum of one parking space for each pump island and two parking spaces for each service bay. If the fueling station includes a convenience market, additional parking at a ratio of one space per each 250 square feet of floor area shall be required for the area dedicated to the convenience market. All such parking spaces shall be marked clearly and shall meet all city ordinances and standards as to size and accessibility.

Fueling station sites shall be separated from abutting property by a six-foot-high masonry wall constructed on the property line. Such walls shall be reduced to 42 inches in height 10 feet from street frontage property lines. Walls need not be installed when building walls or other acceptable walls already exist on such property lines, or the fueling station is part of a shopping center development. The wall requirement may be modified as part of the conditional use permit.

Each fueling station shall have at least one trash/recycling enclosure, which meets the requirements listed in Section 17.130.160.

Each fueling station shall have a storage area. The required storage area may be constructed outside of the main building, providing that it be enclosed with a view-obscuring gate made of a durable metal material, and be roofed and contiguous to the main building, unless approved otherwise as part of the conditional use permit.

At least 8% of the site shall be landscaped with plant materials. Planting areas shall include, but not be limited to, the following:

On-site light shall be required that is adequate for pedestrian and vehicular safety and sufficient to minimize security problems. However, in no case shall the lighting create a nuisance to any surrounding properties.

Tires, windshield wipers, lubricants, automotive fluids, and similar auto-related merchandise may be displayed outdoors in racks or cabinets provided that such racks or cabinets not be located within 15 feet of any street property line or in conflict with any designated on-site drive aisles or parking spaces.

Accessory outdoor equipment including, but not limited to, compressed air and water stations, vacuum cleaners, propane tanks, pay telephones, etc. may be permitted outside of required drive aisles and parking stalls and subject to the following distance and screening requirements: