§ 4-1.05. Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phases used in this chapter are defined as follows:

(a)

"Automobile service station" shall mean any site where the buildings are designed and built for dispensing and selling fuels for internal combustion engines of any automotive vehicles.

(b)

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

(c)

"Nonuser" shall mean:

(1)

Conditions. When the site has been closed, vacant, or inoperative for six (6) months, the Council may declare the site and all buildings thereon and therein to be closed, vacant, and inoperative, and the conditions constitute nonuser.

(2)

Discontinuance of nonconforming uses. Pursuant to subsection (c) of Section 9-1.1203 of Article 12 of Chapter 1 of Title 9 of this Code, after a voluntary discontinuance of an automobile service station as a nonconforming use, the Council may find that such discontinuance constitutes nonuser and a public nuisance.

(d)

"Duly constituted authorities" shall mean the officers, agents, or employees of the City to whom the authority is delegated by Section 9-1.1305 of Article 13 of Chapter 1 of Title 9 of this code to carry out its provisions.

(e)

Abatement.

(1)

Abatement may be accomplished in either of the following ways:

(i)

Reoccupation by the owner, or any tenant, lessee, or other party entitled to the possession and reinstitution of the previously permitted automobile service station uses, after having obtained an inspection and all permits required by this Code, including, but not limited to, building permits; or

(ii)

The demolition and removal of all buildings on or in the premises and the filling of all excavations after having obtained the applicable permits required for such work, including, but not limited to, building permits and grading permits.

(2)

Prior to any reoccupation or reuse of any building on or in the premises, the party intending to occupy the building shall first apply to the Department of Environmental Services for an inspection. The inspection shall be conducted for the purpose of determining the suitability of the buildings for occupancy from the standpoint of health and safety. The inspection shall be conducted according to such of the standards expressed in the adopted Uniform Building Code, current edition, of the City relating to requirements for occupancy as were applicable to the buildings as they existed prior to the state of nonuse. Applicants shall remit applicable fees for such inspections.

(3)

Any reoccupation or reuse of any building on or in the premises shall also comply with all the applicable provisions of Chapter 1 of Title 9 of this Code.

(4)

Notwithstanding any other provision of this Code to the contrary, any determination made by any City official, agent, or employee under this chapter may be appealed according to the provisions of Chapter 4 of Title 1 of this Code.

(§ 4, Ord. 640, eff. August 20, 1986, as renumbered by § 4, Ord. 681, eff. March 30, 1988, and as amended by §§ 3, 4, Ord. 873, eff. November 21, 1996)