INC NEWS - Fw: Ordinance
Mike - Hotmail
mwshiflett at hotmail.com
Fri Oct 7 13:55:05 EDT 2005
Attention all neighborhoods with Service Stations and/or Repair Shops in (or near) your communities.
Beginning January 1st, 2006 a change in our ordinances will take affect (see below).
If you have a non-compliant situation that has created a negative blight on your neighborhood, you should be aware what this ordinance states and what the requirements are.
This information has been provided by Grace.
Grace D. Smith, CZO
Durham City-County Planning
101 City Hall Plaza
Durham, NC 27701
(919) 560-4137 ext. 215
7.40 Service Stations and Vehicle Repair Shops
When allowed, service stations and vehicle repair shops shall be subject to the following additional requirements:
1.. In zoning districts where trucks or other vehicles are displayed as an accessory use for rent, the site plan shall indicate the area to be used to display rental vehicles. Spaces for rental vehicles shall be in addition to any parking spaces required for operation of the other activities. Rental activities may not occupy more than 50% of the site area.
2.. Fuel pumps shall be at least 15 feet from property lines. Canopies shall be at least 5 feet from property lines.
3.. Any repair, servicing, maintenance, or other work on vehicles shall be conducted within an enclosed structure which does not exceed 20 feet in height.
4.. Storage of vehicles for 15 days or more or junking of vehicles shall be prohibited. Vehicle sales shall also be prohibited.
5.. Replacement parts and accessories shall be stored inside. Discarded parts shall not be stored outside.
6.. Vehicles associated with the use shall not be stored or repaired within federal, state, or local public rights-of-way, including streets and sidewalks.
7.. Uses not covered by an existing site plan shall organize the off-street parking areas to provide adequate customer parking and access for emergency vehicles.
8.. Nothing in this subsection shall be construed as allowing properties designated as service stations or vehicle repair shops to be involved in disassembling, tearing down, or scrapping of a vehicle or to permit one vehicle to be scavenged or stripped for parts for use on another vehicle.
9.. Vehicle stacking lanes in addition to the required parking spaces shall be provided when businesses perform services such as oil changes on successive vehicles. Stacking space for at least 4 vehicles shall be provided on the site. Parked vehicles and vehicles waiting for service may not block sidewalks, driveways, or streets.
10.. A sight obscuring wall or hedge shall be provided adjacent to residential property in conformance with Section 10. The landscaping plan shall also be designed to reduce clear views through the building from the right of way.
11.. A spill preventions and counter measures plan will be provided with the site plan that will include at a minimum:
1.. Cleanup procedures for spills occurring inside and outside the building.
2.. Counter measures for use in preventing spills from entering the storm water collection system.
3.. Routine cleanup procedures for work areas and parking areas. Wash down water shall not be permitted to enter the storm water collection system. [Please note the standards of Section 8 regarding Waste Products]
12.. Additional conditions may be added by the approving authority as necessary in order to reduce the visual impact of the site on nearby properties and to protect the health, safety, and welfare of nearby properties. These may include but are not limited to additional buffering, additions to the landscape plan to reduce unsightly views, and other such measures.
Existing vehicle repair shops on parcels with zoning that permits the use, which were in operation prior to January 1, 1994, and do not comply with the provisions above, shall have until January 1, 2006, to provide an opaque screen (a fence or wall at least 6 feet but no more than 8 feet in height, with a vegetative cover that, at maturity, covers 75% of the fence or wall, between the fence or wall and the property line) to fully screen the operations of the vehicle repair shop. Such fences shall not be located within any sight distance triangles at any intersection, but shall be set back to provide unimpeded vision clearance for vehicular traffic.
Existing vehicle repair shops on parcels with zoning that does not permit the use, which were in operation prior to January 1, 1994, shall have until January 1, 2009, to come into full compliance with all requirements of the Zoning Ordinance or shall be required to cease operation.
7.38 Salvage Operations and Yards and Junkyards
When allowed, salvage operations and yards shall be subject to the following additional requirements:
The salvage operations and yards shall be enclosed by a fence and shall be screened from view. The fence shall be 8 feet high, measured from the lowest point of grade. The fence shall be maintained in good condition. No stored materials shall be visible from ground level immediately outside the fence.
The applicant shall demonstrate that the stored materials will not pose a danger to surrounding properties, or residents, due to noise, runoff, animal or insect populations or other factors.
The site may not be located adjacent to residentially zoned property.
A landscape screen shall be provided in conformance with Section 10.
The approving authority may add additional conditions in order to protect the general welfare of citizens.
Existing salvage yards and junkyards on parcels with zoning that permits the use, which were in operation prior to January 1, 1994, and do not comply with the provisions above, shall have until January 1, 2006, to provide a fence consistent with the requirements of 1 (above).
Existing salvage yards and junkyards on parcels with zoning that does not permit the use, which were in operation prior to January 1, 1994, shall have until January 1, 2009, to come into full compliance with all requirements of the Zoning Ordinance or shall be required to cease operation.
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