Richmond Heights City Zoning Code
CHAPTER 1165
Gasoline Service and Filling Stations
1165.01 INTENT.
It has come to the attention of Council that the gasoline industry is presently undergoing various changes resulting in requests for diversified use of traditional gasoline service stations, which uses have not been previously addressed in the Zoning Code. Council desires to enact regulations for such anticipated uses and controls of gasoline service stations for the protection of the public health, safety, welfare and general convenience.
(Ord. 86-82. Passed 11-23-82.)
1165.02 DEFINITIONS.
(a) "Gasoline service station" means a place for the dispensing, sale or offering for sale of motor fuels directly to users of motor vehicles, together with the sale of minor accessories and the servicing of and minor repair of motor vehicles. As used herein, the term "servicing" of motor vehicles shall mean tuning of motors, minor wheel and brake adjustment, waxing and polishing and other minor servicing and repair to the extent of installation of the items enumerated above but specifically prohibiting major automobile repairs including, but not limited to, upholstering work, auto glass work, painting, welding, tire recapping, auto dismantling and auto sales. The washing of automobiles shall be permitted provided that no chain conveyor, blower, steam cleaner, pressurized water systems, or other mechanical device is employed.
(b) "Automobile filling station" means a building or other structure or tract of land intended and used solely for the retail sale of gasoline or other motor fuels and oil into vehicles using the same for fuel or lubrication, provided, specifically that no services or retail sales other than those enumerated in this subsection are to be provided or undertaken on the premises or within any building or structure located thereon.
(c) "Self-service station" means a filling station wherein any person other than a supervisor, employee or attendant may dispense gasoline into his own motor vehicle either at a self-service island or a complete self-service filling station.
(d) "Pump" means an individual nozzle capable of dispensing gasoline into a motor vehicle regardless of the housing of the mechanics for the operation of the pump and regardless of such housings containing one or more nozzles for the dispensation of gasoline. Pump also means a mechanical device used to dispense different grades of gasoline and shall be considered a separate pump for each grade of gasoline dispensed.
(Ord. 86-82. Passed 11-23-82.)
(e) "Self-service auto laundry" means a building or structure used solely for the washing of motor vehicles by individuals on a self-service basis for a fee paid at the time of using the facility. A self-service auto laundry is a building or structure without any chain conveyor or other mechanical device for movement of the motor vehicle and consisting of a bay in which such vehicles may be hand washed and cleaned by members of the public.
(Ord. 48-88. Passed 9-13-88.)
1165.03 GENERAL REQUIREMENTS.
Gasoline service stations and self-service filling stations are a permitted use within a B-3 General Business District provided that a site plan is submitted to and approved by Council after recommendation of the Planning and Zoning Commission and meeting the following minimum requirements:
(a) Council review and approval shall be for the purpose of maintaining the health, safety and welfare of the community. The Planning and Zoning Commission shall recommend approval of the site plan only after finding that the use is so arranged that the service station will not adversely affect the appropriate development or use of adjacent property and further that the service station will be constructed in accordance with the following development standards:
(1) The minimum lot area required for a gasoline service station or self- service filling station shall be one acre on a corner lot and 32,500 square feet on an interior lot. A corner lot shall have no less than 200 feet of frontage on either intersecting street. An interior lot shall have a frontage of no less than 180 feet. The maximum lot coverage by structures shall be no more than fifteen percent (15%). A minimum of fifteen percent (15%) of the lot occupied by the gasoline service station or self-service filling station shall be appropriately landscaped and maintained as lawns with trees and shrubs.
(2) All buildings shall be set back not less than ninety feet from all existing or proposed street right-of-way lines, whichever is greater.
(3) Gasoline pumps, air and water hose stands and other appurtenances shall be set back not less than thirty-five feet from all existing or proposed street right-of-way lines, whichever distance is greater.
(4) Driveway widths entering the filling station shall have a maximum width of thirty-five feet.
(5) Any driveway approach shall enter the property not less than fifty feet from the intersection formed by the existing or proposed right-of-way lines or extensions thereof, whichever is greater, and not less than fifteen feet from any adjoining property line.
(6) Curbs in accordance with standard City specifications as set forth in Chapter 1103 shall be constructed on all streets adjacent to the gasoline service station site.
(7) Signs and lighting shall be shielded from residential property.
(8) No signs, storage or display of any kind shall be allowed within the street right of way. All signs shall be so located as not to obstruct the view of vehicles.
(9) The building itself shall conform to and be harmonious with the architecture of other buildings in the area.
(10) The garage doors of the service bays shall not face a main thoroughfare.
(11) Each such station shall have provisions for lavatories for both man and women separated by sound proof walls.
(12) Each such station shall have a pressurized air hose capable of dispensing air into automobile tires.
(b) Prohibited activities include, but are not limited to, the following: those activities prohibited under Section 1165.02 and vehicle and trailer renting and leasing, motor vehicle body repair, undercoating, upholstery work and other such activities whose adverse external physical effects would extend beyond the property line. The following uses are also prohibited:
(1) There shall be no outdoor open display or storage of merchandise other than the ususal gasoline pumps, air and water hose stands.
(2) There shall be no use of pennants, banners, streamers, whirligigs, balloons, flashing lights or “point of sale” materials.
(3) There shall be no dumping of any oil, grease, kerosene, or any other petroleum products or any other similar materials into sewers of any kind.
(4) All refuse and storage areas shall be completely enclosed from view from outside areas.
(5) There shall be no parking of damaged motor vehicles, except on a temporary basis for seventy-two hours or less. Junk parts and junk vehicles shall not be kept on the outside of the building.
(Ord. 86-82. Passed 11-23-82.)
1165.04 SELF-SERVICE PERMIT REQUIRED; APPLICATION.
No person shall operate a self-service island or self-service filling station without first having obtained a permit therefor from the Fire Prevention Bureau for each gasoline pump to be operated on a self-service basis. The application for such permit shall be in such form and contain such information as shall be determined by the Fire Chief.
(Ord. 86-82. Passed 11-23-82.)
1165.05 SELF-SERVICE PERMIT FEE.
The fee for the permit required in Section 1165.04 shall be twenty-five dollars ($25.00) for each pump to be used on a self-service basis. Such fee shall be for the fiscal year beginning January 1 of any calendar year or for any unexpired portion thereof.
(Ord. 86-82. Passed 11-23-82.)
1165.06 SELF-SERVICE INSPECTION; OPERATING REGULATIONS.
Prior to the issuance of the permit required in Section 1165.04, the Fire Prevention Bureau shall inspect the pumps and equipment to be used on a self-service basis to determine that the following minimum standards are complied with:
(a) Each filling station offering self-service shall be under the direct control of a supervisor, employee or attendant at all times when gasoline or other flammable liquids are being dispensed or sold.
(Ord. 86-82. Passed 11-23-82.)
(Ord. 86-82. Passed 11-23-82.)
(b) Gasoline and other flammable liquids shall be dispensed only by a person who is not smoking and who, in the judgment of such supervisor, employee or attendant appears to be able, and competent.
(Ord. 32-99. Passed 6-8-99.)
(Ord. 32-99. Passed 6-8-99.)
(c) A sign, in block letters at least four inches in height, shall be conspicuously displayed on each gasoline pump island where self-service is offered stating that it is a self-service island.
(d) Signs giving instructions for the operation of gasoline dispensing equipment, in block letters at least one-half inch in height, shall be conspicuously posted at each self-service filling station offering self-service.
(Ord. 86-82. Passed 11-23-82.)
(e) A sign bearing the following words in block letters at least two inches in height shall be conspicuously posted on each gasoline pump island where self-service is offered:
(1) “STOP ENGINE”;
(2) “NO SMOKING”;
(3) “WARNING - IT IS UNLAWFUL AND DANGEROUS TO DISPENSE GASOLINE INTO UNAPPROVED CONTAINERS”;
(4) “PERSONS USING DISPENSERS WITH HOLD-OPEN LATCHES MUST REMAIN AT THE REFUELING POINT DURING REFUELING.”
(Ord. 32-99. Passed 6-8-99.)
(Ord. 32-99. Passed 6-8-99.)
(f) All signs required by this section shall be constructed of rigid, weather-resistant material.
(g) Gasoline dispensing nozzles used by any person other than a supervisor, employee or attendant shall be of an approved automatic closing type without a hold-open latch.
(h) Dispensers shall be equipped with remote master control devices to shut off all pumps in the event of an emergency. Signs identifying the pump shut-off controls shall be labeled “Emergency Pump Shutoff”.
(i) There shall be at least one foam type extinguisher of a minimum 10-B:C rating for every two dispensing devices and shall be located no further than seventy- five feet away from any dispensing device.
(j) A two-way public address system shall be provided for direct communication between an attendant stationed at a remote control panel and a customer using a supervised self-service device at any pump island.
(k) The dispensing area shall at all times be in clear view of the attendant and the placing or allowing of any obstacle to come between the dispensing area and the attendant control area shall be prohibited. The attendant shall at all times be able to communicate with persons in the dispensing area.
(l) No delivery of any flammable liquids shall be made into portable containers unless the container is constructed of metal or is approved by the authority having jurisdiction, has a tight closure and is fitted with spout or so designed that the contents can be poured without spillage.
(Ord. 86-82. Passed 11-23-82.)
1165.07 ADDITIONAL INSPECTIONS.
The inspections required by Section 1165.06 shall be done on at least an annual basis by the Fire Prevention Bureau and may be done by the Fire Prevention Bureau at any time during the validity of the permit issued hereunder.
(Ord. 86-82. Passed 11-23-82.)
1165.08 PERMIT REVOCATION.
In addition to any other penalties prescribed in this chapter, the Fire Prevention Bureau may immediately revoke any permit issued hereunder and stop the operation of any self-service island or filling station for failure to comply with any provision of this chapter or any rules and regulations promulgated hereunder.
(Ord. 86-82. Passed 11-23-82.)
1165.09 ATTENDANTS.
(a) Every service station shall have at least one competent attendant on duty during all hours of operation.
(b) The station operator shall be responsible for instructing attendants as to fire code provisions for the dispensing of motor vehicle fuels and for the operation of dispensing devices, fire extinguishers and public address systems to the satisfaction of the Fire Prevention Bureau.
(Ord. 86-82. Passed 11-23-82.)
(Ord. 86-82. Passed 11-23-82.)
1165.10 SELF-SERVICE AUTO LAUNDRY.
(a) Each building or structure intended for use as a self-service auto laundry shall comply with all building code and fire code requirements as well as having provision made for the recycling or removal of water used in the vehicle washing process.
(b) Every self-service auto laundry shall have at least one competent station attendant on duty during all hours of operation.
(c) Prior to the issuance of a permit for a self-service auto laundry a site plan setting forth drainage provisions and waste water disposal shall be submitted to and approved by the City Engineer. Any system for disposal of waste water other than through sanitary sewage lines shall be fully approved by the Ohio Environmental Protection Agency.
(d) Each self-service auto laundry shall set forth on a conveniently and readily noticeable portion of the auto laundry the directions for use by individuals.
(e) No self-service auto laundry shall be located within 150 feet of a residentially zoned or used parcel of land.
(Ord. 48-88. Passed 9-13-88.)
(Ord. 48-88. Passed 9-13-88.)
1165.99 PENALTY.
Whoever violates any of the provisions of this chapter is guilty of a misdemeanor of the first degree for each offense. Each and every day during which the violation continues shall constitute a separate offense.
(Ord. 31-2018. Passed 4-10-18.)