[HISTORY: Adopted by the City Council of the City of Englewood 11-7-1984 by Ord. No. 84-45; amended in its entirety 2-19-1991 by Ord. No. 91-07. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- GASOLINE SERVICE STATION
- A facility used and designed for the dispensing of gasoline or other petroleum products or the servicing, repairing or performing similar work upon motor vehicles.
The City Council of the City of Englewood hereby makes the following findings respecting the operation of gasoline service stations within the City of Englewood:
There are gasoline service stations within the City of Englewood which exist as nonconforming uses within residential zones or are located nearby residential zones.
Gasoline service stations pose peculiar problems to adjoining or nearby residences which are not necessarily posed by other commercial or retail uses. Such problems include:
Glare, light pollution and light spillage.
Noise from the opening and closing of engine hoods.
Noise generated from the operation of gasoline pumps, compressed air pumps and bell hoses.
Noise associated with the reviving and starting of engines.
Odors from exhaust fumes and gasoline fumes.
Noises associated with the repair of automobiles, compressed air hoses and automobile lifts.
The opening and closing of service bay doors.
Unlike other retail uses, the operation of gasoline service stations is conducted primarily outdoors and, therefore, has a greater adverse impact on nearby residential premises.
The noise, light and odors associated with the operation of gasoline service stations in the still of the night are a disturbing distraction affecting the sleep and rest of people in their homes and represents a threat to the serenity and quality of life within the City of Englewood.
It is in furtherance of the public health, safety and welfare to eliminate, to the extent practicable, uncontrollable noise sources from residential and other noise sensitive areas, particularly during nighttime hours.
The Council concludes that limitations upon nighttime hours of service in gasoline service stations located within or nearby residential areas is directly and substantially related to the health, peace and comfort of surrounding homes, furthers the public health, safety and welfare of the residential community, assists in securing and maintaining the blessings of quiet seclusion and makes available to the citizens of Englewood the refreshment of repose and tranquility of solitude during such nighttime hours.
The limitations contained in this chapter are reasonably tailored to meet the particular situation and problems presented by the nighttime operation of gasoline service stations within or nearby residential areas.
It is not the intent and purpose of this chapter to address the problems associated with the possible nighttime operation of other retail, commercial or industrial uses within the City of Englewood. Problems associated with such other uses, should they arise, are more appropriately addressed by ordinances specifically tailored to such problems.
Due consideration has been given by the City Council to other possible means of eliminating the problems associated with the nighttime operation of gasoline service stations other than a limitation in the hours of nighttime operation. The Council concludes, however, that many of the foregoing problems are inherent in the operation of a gasoline service station and that attempts to eliminate same through the enforcement of noise, light, and odor pollution ordinances would be ineffectual, would be likely to result in continuing complaints and would result in added difficulties in enforcement.
It shall be unlawful for any person, firm or corporation to operate a gasoline service station, including the dispensing of petroleum products, receiving deliveries, or repair or servicing automobiles, within the City of Englewood between the hours of 12:00 midnight and 5:00 a.m., prevailing time, on any day where such gasoline service station is located either:
Within any single-family or multiple-family residential district as prescribed within Chapter 250, Land Use, of the Code of the City of Englewood;
Upon premises which are adjacent to or within 200 feet of any single-family or multiple-family residential district as prescribed within Chapter 250, Land Use, of the Code of the City of Englewood; or
Upon premises adjacent to or within 200 feet of any premises upon which is located a lawful single-family or multiple-family residential use.
The foregoing limits respecting the hours of operation shall not apply to gasoline service stations located along State Highway No. 4.
Any person, firm or corporation violating the provisions of this chapter shall be subject to a fine not in excess of $1,000 nor less than $100 or imprisonment for a period not in excess of 90 days, or both, for each day upon which a violation occurs.