Montclair Municipal Code Ch. 11.70 Service Stations

A. A full-service or dispensing-only service station site shall consist of an area of not less than 22,500 square feet, and the following minimum dimensions shall apply:

1. One hundred fifty feet along a major street; and

2. One hundred thirty feet along a secondary or local street.

B. A mixed-use service station site shall consist of an area of not less than the following:

1. For strictly automobile/truck service-oriented uses (excluding auto parts stores) conducted in a single building, a mixed-use service station shall consist of an area of not less than 22,500 square feet, and the following minimum dimensions shall apply:

a. One hundred fifty feet along a major street; and

b. One hundred thirty feet along a secondary or local street.

2. If the mixed use involves a nonautomobile/ nontruck service-oriented use or two or more buildings, the site shall consist of an area of not less than 32,000 square feet.

3. Depending on the nature and intensity of the use, the Planning Commission may require additional lot area for the sites referred to in subsections B(1) and (2) of this section.

(Ord. 99-791 Exh. A (part); prior code § 9-6.101)

A. Pump islands for a full-service or mixed-use service station shall consist of the following:

1. Pump islands shall be located not less than 20 feet from the street right-of-way (property line).

2. There shall be a maximum of four pump islands with not more than four meter cabinets per island. Two fuel-outlet hoses for each meter cabinet shall be permitted.

3. One oil display rack, permanent or mobile, which is architecturally compatible with the other equipment located on the pump island may be placed at each pump island.

B. Pump islands for a dispensing-only service station shall consist of the following:

1. Pump islands shall be located not less than 20 feet from the street right-of-way (property line).

2. There shall be a maximum of four pump islands with not more than four meter cabinets per island. Two fuel-outlet hoses for each cabinet shall be permitted.

(Ord. 99-791 Exh. A (part); prior code § 9-6.102)

Masonry (brick, block, slumpstone, and the like) walls shall be required on interior property lines if the property lines are adjacent to or across an alley from any residential or professional zone. The height and color of the wall shall be determined by the Planning Commission.

(Ord. 99-791 Exh. A (part); prior code § 9-6.103)

A. Requirement. A restroom for women and a restroom for men for use by customers and employees shall be provided in all service stations.

B. Screening. All restroom entrances shall be screened from view from adjacent properties and street rights-of-way by decorative structural screening.

(Prior code §§ 9-6.104, 9-6.104.1)

Top-mounted pole lights, generally mushroomed in character, shall be required and shall be so situated and shielded as not to direct or reflect lighting on adjacent properties or public rights-of-way.

(Prior code § 9-6.105)

A. For full-service service stations there shall be provided a minimum of one parking space for each employee, plus two for each service bay. All off-street parking spaces shall be striped and shall consist of one approved handicapped parking space, and the remainder shall be a minimum of 9 feet by 20 feet.

B. For dispensing-only service stations there shall be provided a minimum of one parking space for each employee, plus two for air and water servicing. All off-street parking spaces shall be striped and shall be a minimum of 12 feet by 20 feet including one approved handicapped parking space.

C. For mixed-use service stations there shall be provided for the basic service station use a minimum of one parking space for each employee, plus two for air and water servicing. All off-street parking spaces shall be striped and shall be a minimum of 12 feet by 20 feet and include one approved handicapped parking space. Parking for other uses on the same site shall be in conformance with the minimum standards provided for in this Code or as required by the Planning Commission.

(Ord. 99-791 Exh. A (part); prior code § 9-6.106)

All electrical, telephone, C.A.T.V., and similar service wires or cables which provide direct service to the property being developed shall, within the exterior boundary lines of such property, be installed underground. The developer or owner shall be responsible for complying with the requirements of this section and shall make the necessary arrangements with the utility companies for the installation of such facilities.

For the purposes of this section, appurtenances and associated equipment, such as, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be placed aboveground but in all cases shall be concealed from public view in a manner approved by the Planning Commission.

(Ord. 99-791 Exh. A (part); prior code § 9-6.107)

Service stations shall be so designed that the architectural theme will reflect the most recent thinking in good service station design. "Ranch" or "neighborhood" types shall be acceptable, and other innovative designs may be permitted provided the same can be shown to be an asset to the area under consideration and will not cause other structures and property in the local environment to materially depreciate in appearance or value. To accomplish the desired architecture, the use of ornamental brick, stone, and the like on the exterior of the building shall be encouraged.

(Ord. 99-791 Exh. A (part); prior code § 9-6.108)

A. For full-service service stations, the following shall apply:

1. There shall be provided and used a minimum of three service bays in all cases.

2. The entrance to the service bays shall not be open to the street but shall be so designed to face the rear or interior side property line.

3. A masonry facade or raised planter (brick, stone, rock, or the like) shall be installed from the grade 36 inches high along the outside of that portion of the service station structure which constitutes a vertical wall at the opposite end of the service bay entrance. A pedestrian entrance may be permitted in such wall.

4. Windows in the exterior service bay wall constituting in excess of 10 percent of the total wall area shall not be permitted. The Planning Commission, without the benefit of a public hearing, may reduce the amount of permitted window area when in can be shown that such action will further the objectives of this title.

B. For dispensing-only service stations, no service bay shall be permitted.

C. For mixed-use service stations, the standards of a full-service service station shall be required if automotive service is provided other than fueling.

(Ord. 99-791 Exh. A (part); prior code § 9-6.109)

A fully enclosed (all sides) trash area shall be provided and constructed of a material which shall be in harmony with the architecture of the building. The height of all such enclosures shall be determined by the Planning Commission.

(Prior code § 9-6.110)

Each frontage may be permitted two drive approaches. However, on a frontage where no pump islands are proposed, access shall be limited to one location. No drive approach may encroach into a curb return.

(Ord. 99-791 Exh. A (part); prior code § 9-6.111)

All service stations shall provide air, water, and window cleaning equipment available for automotive safety.

(Prior code § 9-6.111.1)

A. For full-service or dispensing-only service stations, no truck service shall be provided.

B. For mixed-use service stations, truck services may be provided if allowed in the zone and if approved by the Planning Commission and the subject site is so approved for the use.

(Ord. 99-791 Exh. A (part); prior code § 9-6.111.2)

No outdoor advertising sign or structure shall be permitted except as provided in subsections A and B of this section as follows:

A. Identification/price signs or structures shall be permitted as follows:

1. Identification signs or trademark symbols and price signs may be incorporated within freestanding walls or structures constructed of masonry, wood, or other suitable building material. Such signs and associated structures shall not exceed the following:

a. For full-service service stations, 60 square feet,

b. For dispensing-only service stations, 42 square feet,

c. For mixed-use service stations, 60 square feet. Such signs shall not exceed 10 feet in height, and in no case shall such signs or structures be permitted to project beyond the property line. Such signs shall be limited to one for each street frontage; or

2. Identifications signs or trademarks symbols may be located on or incorporated within the pump island canopy structure or on the building walls. Such signs shall not project above the top of the canopy structure, shall not exceed a maximum area of 20 square feet for each sign face, and each sign shall be limited in length to a maximum of 50 percent of the long dimension of the canopy on which the sign is located.

B. Flags, banners, spinners, and similar advertising devices shall not be permitted, except as provided in Section 11.72.270 of this title (temporary sign).

C. Hot or cold air balloons, portable or movable, revolving, flashing, and animated signs in addition to those listed under Section 11.72.120 of this title (prohibited signs), shall not be permitted.

D. The signs and structures permitted by the provisions of this section shall be subject to compliance with other provisions of this Code relating to sight distance, building, construction, nonconform-ance, and all other regulations of this Code, except variance proceedings.

E. Signs for mixed-use service stations shall be incorporated into the signs set forth in subsection (A)(1) or (2) of this section. An additional sign may be permitted by the Planning Commission for mixed-use service stations if the application of these standards is found to be a hardship and/or the area of the site is larger than the minimum required by this Code.

F. For full-service or mixed-use service stations, one poster sign not exceeding 18 square feet and not more than 6 feet in height may be permitted per street frontage for the listing of available services related to the service station operation, such as tire sales, mechanical services, repairs, and testing. The poster signs shall be located within a landscaped planter or next to the pump islands or main building. In lieu of the freestanding poster signs, the station may be permitted a similar sign mounted on the exterior building wall. The location, design and color of such sign shall be subject to the review and approval of the Community Development Director upon submittal of detailed plans.

(Ord. 99-791 Exh. A (part); prior code § 9-6.112)

Landscaped areas, a minimum of 15 feet in width, shall be required along all street frontages (except at drive locations), and all such planted areas shall be either bermed at a slope of 1:3 or contained within a planter backed up by an ornamental masonry wall (brick, stone, or the like) of not less than 18 inches, nor more than 24 inches in height. The material used for the construction of such raised planters shall be the same as that used on the exterior of the building, or other related material as approved by the Planning Commission.

One specimen (24-inch box minimum size) on-site tree shall be provided per street frontage within the general area of the main structure in approved planters. All other trees shall be a minimum size of 15 gallons. A ground cover and such other plants as deemed necessary shall also be provided within such planter.

Additional planters, a minimum 5 feet in width, are required along both the interior side and rear property lines. A minimum 15-gallon, 6-foot tree for every 75 square feet of said planter areas, plus ground cover and shrubs, shall be provided within each such planter.

An automatic sprinkler system providing 100 percent irrigation to all planted areas shall be installed; hose bibs shall be provided at convenient locations.

For mixed uses, the Planning Commission may require additional landscaping to meet general commercial standards.

(Ord. 99-791 Exh. A (part); prior code § 9-6.113)

The following activities shall be controlled in full-service service stations:

A. Heavy duty engine overhauling normally requiring more than one work day for completion;

B. Sales, displays, dispensing and servicing of nonautomotive-related services shall be prohibited, except that snack shops are permitted for the sale of candy, soft drinks, cigarettes and snack products, subject to the following requirements:

1. The snack shop shall not exceed a floor area of 300 square feet and shall be located entirely within the enclosed service station building,

2. The snack shop shall be located in such a manner so as to safely separate patrons from auto service functions of the facility, and is subject to review under required building permit or snack shop improvements,

3. The snack shop may only operate as an accessory use to the service station, with operating hours limited to those of the station,

4. The snack shop shall not include the sale of alcoholic beverages unless approved by conditional use permit under the provisions of this title,

5. A decorative trash receptacle shall be provided near the snack shop entry and/or at pump islands,

6. Snack shops having an area or other factors in excess of these requirements may be approved, subject to a conditional use permit; and

C. The service station shall be allowed one display for accessories, wipers, tires, shocks or brakes to be located outside the main building. Such display shall be limited to a maximum area dimension of 3 feet by 4 feet. The intent is to permit one of the following:

1. A wiper storage case,

2. A shock absorber storage or additives case, or

3. Four single tires located at the discretion of the operator. In lieu of the maximum area dimension of 3 feet by 4 feet established for accessories, permitted tire displays shall be limited to a maximum of four outside the main structure;

D. Candy, soft drink, or food dispensers may be located outside the building if such displays are located in a specifically constructed area, such as an alcove, which is attached and located to the side of the service structure. Any such structure shall be architecturally compatible with other structures.

(Ord. 99-791 Exh. A (part); prior code § 9-6.114)

The following uses shall be prohibited in full-service service stations:

A. Automobile body repair and painting shall not be permitted in any case;

B. Outdoor storage of products or parking, other than customer parking;

C. Outdoor storage of dismantled vehicles;

D. Vehicle impounding; and

E. All uses not listed as permitted.

(Prior code § 9-6.114.1)

No use shall be permitted outside of sales of gasoline except the sales of candy, soft drink, cigarette and snack products subject to the requirements for snack shops per Section 11.70.160(B) or when dispensed by an automatic machine per the requirements of Section 11.70.160(D).

(Ord. 99-791 Exh. A (part); prior code § 9-6.114.2)

The following uses shall be prohibited in dispensing-only service stations:

A. Outdoor storage of products or parking, other than customer parking;

B. Outdoor storage of dismantled vehicles;

C. Vehicle impounding;

D. Tow services; and

E. All uses not listed as permitted.

(Prior code § 9-6.114.3)

The following activities shall be controlled in mixed-use service stations:

A. The service station shall be allowed one display for accessories, wipers, tires, shocks, or the like to be located outside the main building. Such display shall be limited to a maximum area dimension of 3 feet by 4 feet. The intent is to permit one of the following:

1. A wiper storage case;

2. A shock absorber storage or additive case;

3. Four single tires located at the discretion of the operator. In lieu of the maximum area dimension of 3 feet by 4 feet established for accessories, permitted tire displays shall be limited to a maximum of four tires outside the main structure.

B. Candy, soft drink, or food dispensers may be located outside the building if such displays are located in a specifically constructed area, such as an alcove, which is attached to the outside of the service structure. Any such structure shall be architecturally compatible with other structures on the site.

C. Outdoor sales, displays, dispensing and servicing of nonautomotive-related services shall be prohibited, except candy, soft drink, cigarette and snack products dispensed by an automatic dispensing machine as provided in this chapter, or within a snack shop subject to the requirements provided in this chapter.

D. Retail off sale of alcoholic beverages shall be subject to conditional use permit requirements in accordance with provisions of Chapter 11.78 of this Code.

(Ord. 99-791 Exh. A (part); prior code § 9-6.114.4)

The following mixed uses may be permitted by the Planning Commission if approved in the basic zone:

A. One additional business or business owner of the same parcel;

B. Heavy duty automotive engine overhauling requiring generally more than one work day;

C. Truck servicing not to exceed two axles;

D. Heavy duty engine overhauling normally requiring more than one work day for completion; and

E. Other uses the Planning Commission finds compatible to those permitted uses and to the general area.

(Ord. 99-791 Exh. A (part); prior code § 9-6.114.5)

The following uses shall be prohibited for all service stations:

A. Any use limited to or prohibited in the M-l and M-2 Zones;

B. Any use requiring outdoor storage or parking other than customer parking;

C. Outdoor storage of dismantled vehicles; and

D. Automobile body repair and painting shall not be permitted tn any case.

(Ord. 99-791 Exh. A (part); prior code § 9-6.114.6)

All activities, including the servicing of automobiles, shall be conducted within the service station building.

(Prior code § 9-6.114.7)

A conditional use permit shall not be granted for a gasoline service station at any location unless:

A. The parcel under construction is located along a major street as defined in the adopted Development Plan for Circulation and Transportation;

B. The maximum number of service stations per intersection does not exceed two. This provision shall not prohibit existing service stations, which are located at intersections where a greater service station density exists, from redeveloping so long as the minimum service station development standards are met;

C. The mixed uses are compatible to the area;

D. Such mixed uses have compatible traffic flow.

(Ord. 99-791 Exh. A (part); prior code § 9-6.115)

A. Full-service service stations may be located in the C-1, C-2, C-3, MIP, M-1, and M-2 Zones.

B. Dispensing-only service stations may be located in the C-3 Zone only.

C. Mixed-use service stations may be located in the C-3, MIP, M-1 and M-2 Zones only.

(Prior code § 9-6.116)