[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:
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:
A.
There are gasoline service stations within the City of Englewood
which exist as nonconforming uses within residential zones or are
located nearby residential zones.
B.
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:
(1)
Glare, light pollution and light spillage.
(2)
Noise from the opening and closing of engine hoods.
(3)
Noise generated from the operation of gasoline pumps, compressed
air pumps and bell hoses.
(4)
Noise associated with the reviving and starting of engines.
(5)
Odors from exhaust fumes and gasoline fumes.
(6)
Noises associated with the repair of automobiles, compressed air
hoses and automobile lifts.
(7)
The opening and closing of service bay doors.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
A.
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:
(1)
Within any single-family or multiple-family residential district as prescribed within Chapter 250, Land Use, of the Code of the City of Englewood;
(2)
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
(3)
Upon premises adjacent to or within 200 feet of any premises upon
which is located a lawful single-family or multiple-family residential
use.
B.
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.
