Banning Municipal Code Ch. 8.04 Abandoned Gas Stations

The city council declares that its purpose in adopting this chapter is to eliminate public nuisances that are created when service stations are unused for long periods of time.

(Code 1965, § 11C-70.)

For the purposes of enforcement of this chapter the following definitions shall apply and shall supersede all other definitions in this Code inconsistent herewith.

"Automotive service station" is defined as:

1. A retail place of business engaged primarily in the sale of motor fuels and lubricants, but also in supplying goods and service generally required in the operating and maintenance of automotive vehicles and the fulfilling of motorist's needs, all as described in Title 17 of this Code;

2. Any site where the buildings are designed and built for dispensing and selling fuels for internal combustion engines of any automotive vehicles;

3. Any "building" which has been lawfully or unlawfully converted to use for a purpose not related to use as an automotive service station.

"Building" shall mean any physical improvement or structure, finished or unfinished, on or in real property, which building is designed, built, or adapted for use as or in connection with an automotive service station, regardless of its size, shape, height, location, age or state of repair. "Building" shall include all main buildings, out buildings, pumps, pump islands, underground storage tanks, mechanical equipment, wells, cesspools, septic tanks, foundations, paving, signs and any other materials placed in connection therewith on or at any depth beneath the surface of the real property.

"Nonuse" shall mean:

1. All of the subsurface tanks have been filled or removed, or are required to be filled or removed under law;

2. If the tanks have been filled or removed as required and the remaining buildings have been lawfully converted to a permitted use within the zone prior to such filling or removal, "nonuse" shall commence sixty days following date of abandonment of such converted use.

"Abandonment" shall be deemed to have occurred upon:

a. The cessation in the building(s) of activity permitted by the zoning,

b. By the last person or persons conducting a lawful business in the building(s),

c. For which a business license has been issued by the city,

d. Use of the paved surfaces shall not be considered activity for purposes of this subsection.

Type II Construction. Noncombustible metal building.

Type V Construction. Combustible, frame and covering type building.

Vacant. As of the effective date of this chapter and/or thereafter, the structures designed and intended for use as an automotive services station on the premises has been vacant for six months or longer.

Occupied. As of effective date of this chapter and/or thereafter, the structures designed and intended for use as an automotive service station contain the primary use on the premises in which business is being conducted.

Immediate Removal. Defined as ninety days from the effective date of this chapter.

(Code 1965, § 11C-73.)

The city council finds and declares that:

A. The existence of closed, vacant and inoperative service stations, in a condition of "nonuse" as defined herein, has a direct, substantial and significant impact upon the aesthetic appearance of our city. There is, therefore, a need for further control over the lack of utilization, the condition and appearance of such facilities.

B. California law requires that underground storage tanks which are out of service for ninety days shall be safeguarded and those out of service for one year shall be removed from the ground in the manner required by law. When such actions are taken, or required to be taken, the associated service station is rendered unusable and is a "nonuse".

C. Absent an express showing to the contrary, it is hereby declared that closed, vacant and inoperative automobile service stations constituting a nonuse cannot be utilized for the purposes originally established because the condition of the tanks prevents or substantially hinders the economically viable use or capacity of the property in that the cost of restoring the tanks is inconsistent with any investment backed expectation of a reasonable return on investment from service station operations.

D. It is hereby declared that the existence of any closed, vacant and inoperative automobile service station site in a nonuse condition, is injurious and dangerous to the health, safety and welfare of this community in that such condition contributes to depreciated or stagnant property values, constitutes an abandoned building and a fire hazard and may be a parcel which is substandard with respect to current requirements for establishment of a service station within the city. Such properties are, therefore, an aesthetic and economic blight, and a contributing cause of decreasing value to the surrounding properties. Such nonuse service station also invites vandalism and illegal dumping and limits opportunity for proper development of the subject site and surrounding properties.

E. A service station may be a nonuse as defined herein, however, because of its conversion to a nonservice station use, and because of its present occupancy for such post-conversion use, the property may as of the effective date of this chapter provide an economic return to the current owner. Unless and until any such property is brought into compliance with the provisions of this chapter, such service stations are deemed to be a nuisance as set forth in subsection D of this section and subject to abatement under this chapter.

(Code 1965, § 11C-71.)

A. The conditions heretofore described are encompassed within the meaning of nuisance under the law of the state of California and of this chapter. Such "nonuse" services stations are hereby declared to be a nuisance. All structures remaining on the site of a nonuse service station as defined herein are hereby declared to be a nuisance and are subject to abatement and penalty under the provisions of this chapter.

B. Anything contained in this chapter to the contrary notwithstanding, nonuse automobile service stations shall be subject to abatement pursuant to the following schedule:

1. Category I: (Type II construction, attached canopy):

a. Vacant. Immediate removal of canopy and all structures,

b. Occupied. One year to repair and bring up to code, subject to design review, or to remove structure and canopy. All structures shall be removed upon vacancy;

2. Category II: (Type II construction; detached canopy):

a. Vacant. Immediate removal of canopy and all structures,

b. Occupied. Immediate removal of canopy, and one year to repair and bring remaining structures up to code subject to design review or to remove structures. All structures shall be removed upon vacancy;

3. Category III: (Type V construction, attached canopy):

a. Vacant. Shall be immediately brought up to code subject to design review. Otherwise subject to abatement as for nonservice station structures,

b. Occupied. One year to repair and bring structures up to code subject to design review, property shall otherwise be subject to abatement as for nonservice station structures;

4. Category IV: (Type V construction, detached canopy):

a. Vacant. Immediate removal of canopy, and remaining structure shall be immediately brought up to code subject to design review, property shall otherwise be subject to abatement as for nonservice station structures.

b. Occupied. One year to repair and bring structures up to code subject to design review, property shall otherwise be subject to abatement as for nonservice station structures.

(Code 1965, § 11C-72.)