§ 3357.12. Development standards: Distance requirements.  


Latest version.
  • No fuel sales establishment, service station, or filling station shall be erected or established which shall have any part of its proposed building structure located within 100 feet of the building structure of a public or parochial school, church, playground, public library, hospital, orphanage, or children's home now existing or for which building permit has been issued or is in effect, except as follows:

    A.

    Nothing in this section shall be construed to permit any such institution now located in any district zoned for business, by acquiring premises therein or erecting additional buildings thereon to shorten the 100-foot limit between such institutional structure heretofore erected, and such proposed filling station structure as defined by this Zoning Code;

    B.

    Nothing in this section shall be construed to prohibit the erection or maintenance of automobile sales or display rooms or buildings with automobile service stations connected thereto. Such automobile service stations connected to buildings, or automobile sales or display rooms, shall have no vehicle entrance located upon the same street with and within 150 feet of any part of the building structure of any public or parochial school, playground, public library, church, hospital, orphanage or children's home heretofore erected. Distance shall be measured along and parallel with street or alley lines, and when such lines extend across a street the same shall be considered as crossing the same at right angles;

    C.

    It is further provided, however, that in the event the governing body of such public or parochial school, church, playground, public library, hospital, orphanage or children's home, files its consent in writing with the Director or his authorized representative, a fuel sales establishment or filling station may be erected or established nearer than 100 feet, but not nearer than 50 feet from the building structure of any such institution.

(Ord. 377-95; Ord. No. 1537-2009, § 10, 5-3-2010)