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HomeMy WebLinkAboutLegislative Version Ordinance - 5/23/2024Project Title: Gas Stations Located Near Water Sources And Sensitive Lands Text Amendment Petition No.: PLNPCM2023-00260 Version: 1 Date Prepared: May 4, 2024 Planning Commission Action: Recommended 4/10/2024 APPROVED AS TO FORM Salt Lake City Attorney's Office Date: May 4, 2024 By: Katherine D. Pasker, Senior City Attorney This proposed ordinance makes the following amendments to Title 21A. Zoning: • Deletes the current gas station standards (Section 21A.40.070); • Adopts new gas station standards to impose a distance requirement between gas stations and bodies of water as well as new standards related to lot size, vehicle stacking, electric vehicle parking, screening, and the location of aboveground and underground storage tanks. Underlined text is new; text with strikethrough is proposed to be deleted. Modifications made as part of the Planning Commission recommendation are highlighted in yellow. All other text is existing with no proposed change. 1 1. Adopts a new Section 21A.36.120 as follows: 2 21A.36.120: RESERVED: REGULATIONS FOR GAS STATIONS AND FUEL 3 DISPENSING FACILITIES WITH UNDERGROUND AND/OR ABOVE -GROUND 4 FUELD STORAGE TANKS 5 Gas Stations and Accessory Uses that have fuel tanks on -site, such as Truck Stops, Fuel 6 Distributors, and Storage uses, as defined in Chapter 21A.62 of this title, shall be allowed in 7 zoning districts provided in Chapter 21A.33 "Land Use Tables", and are subject to the 8 provisions of this section. 9 A. General Standards: 10 1. All fuel dispensers and fuel storage tanks (above or underground) shall comply 11 with the requirements of this section and all other applicable regulations, including 12 the applicable reference standards and any other applicable regulations of the State of 13 Utah and Federal regulators. In case of conflicting provisions in any of the above- 14 listed rules, the strictest restrictions shall apply. 15 2. Distance from water bodies: All underground and above -ground fuel storage tanks 16 and gas vents shall be a minimum of 350 feet from any existing water bodies (pond, 17 river, stream, canal, etc.), water resources, public parks or open space -that are one 18 acre and greater in size. 19 3. Distance from property lines: All underground and above -ground fuel storage 20 tanks and gas vents shall be a minimum of 30 feet from any grope . line. 21 4. Associated pump islands shall be a minimum of 25 feet from any_property line 22 and adjacent buildings. 23 5. Fuel vents: When a canopy is provided, ,gas vents shall be located at the top of the 24 gas pump canoe 25 6. New underground fuel storage tanks: All new and replacement fuel storage tanks 26 put underground shall be constructed of non -corrodible material or designed to 27 prevent the release or threatened release of any stored fuel to ensure greater durability 28 and lifespan. 29 7. Leak or surface -runoff contamination: If contamination occurs, the property 30 owner shall be accountable for any cleanup and remediation of the subject property, 31 any Cityproperty, and any downstream water or soil contamination. 32 8. Nonconforming status: Fuel tanks and pumps that are unused or out of service for 33 one year or more shall be considered willfully abandoned and will not be eligible 34 nonconforming status. The use shall not be restored unless it is restored to comply 35 with the standards of this section and all other applicable sections in this title. 36 B. Additional Standards for Gas Stations: 37 1. Minimum Lot size: 30,000 square feet. A gas station may be located on a lot with 38 another principal use when the lot complies with the minimum lot size. For the 39 purposes of this regulation, a lot shall include a site that consists of multiple lots or 40 parcels within a single development when the parking lot and circulation elements are 41 shared across the boundaries of the lots or parcels 42 2. Minimum Lot Frontage: 150 feet along all public streets. For sites described in 43 21A.36.120.C.1. the lot frontaize shall be measured for all lots or parcels involved. 44 3. Stacking Lane Standards: These standards ensure adequate on -site maneuvering 45 and circulation areas, ensure that stacking vehicles do not impede traffic on abutting 46 streets, and that stacking lanes will not have nuisance impacts on abutting residential 47 lots. 48 a. Stacking lanes shall be arranged to avoid conflicts with site access points, 49 access to parking or loading spaces, and internal circulation routes to the 50 maximum extent practicable. 51 b. A minimum of 36 feet of stacking lane is required between a curb cut and the 52 nearest gasoline pump. 53 4. Fuel Pump Standards: OA 54 a. Fuel pumps shall be located on the site in a manner that does not interfere 55 with easy access into or egress from the site at established driveway entrances. 56 b. Fuel Pumps shall be located and oriented so all cars in line for motor fuel can 57 be accommodated on -site and not block the sidewalk, the street, or any other 58 portion of the public right of way. 59 5. Electric Vehicle Parking: Gas stations shall provide at least one (1) parking space 60 dedicated to electric vehicles for every ten (10)required on -site parking spaces. 61 Electric vehicle parking spaces shall count toward the minimum required number of 62 parking spaces. The electric vehicle parking space shall be: 63 a. Located in the same lot as the principal use. 64 b. Signed clearly and conspicuously, such as special pavement marking or 65 signage, indicating exclusive availability to electric vehicles; and 66 c. Outfitted with a standard electric vehicle charging station. 67 C. Additional Standards for Fuel Dispensing Facilities: 68 1. Above -ground fuel storage tanks shall: 69 a. Provide a 25-foot clear radius from combustible materials, storage areas, 70 parking/backing areas, and all buildings on the same lot. 71 b. Have a maximum height of 20 feet from the finished grade. 72 2. An obscuring sight fence of six feet in height shall be required surrounding the 73 fuel storage tanks and associated vehicle fueling areas. All required fencing shall be 74 prewoven chain -link with slats, wood, brick, tilt -up concrete, masonry block, stone, 75 metal, composite/recycled materials, or other manufactured materials or combination 76 of materials commonly used for fencing. In addition, the fenced area must be paved 77 with a nonpermeable surface. 78 D. Upgrades to Nonconforming Gas Stations and Fuel Dispensing Facilities: 79 1. Replacin and nd Updating Tanks and Associated Equipment: An existing gas 80 station may replace existing tanks and associated equipment in substantially the same 81 location without having to comply with the provisions of this section. 82 2. Reconstruction: Existing gas stations that are noncomplying as to lot area, lot 83 frontage, or tank setbacks may be demolished and reconstructed, provided the 84 reconstructed use complies with the other applicable regulations of this section and 85 the tank location is substantially the same. 86 3. The zoning administrator maf_y the location of the fuel tanks and associated 87 equipment if federal or state requirements or other legal requirements prevent 88 locating_ t�placement tanks in a substantially similar location. 89 4. The zoning administrator may approve an alternate location for fuel tanks and 90 associated equipment if the applicant can demonstrate that a more efficient and safe 91 location is more appropriate. 92 93 2. Deletes Section 21A.40.070: 94 95 21A.40.070: N40TOR FUEL PUMP nEG TT n rrRESERVED 96 97 When established pursttant to uses pefmitted or conditional vvithin the appheable distriet 98 r-egulations-- all Atel ptimps shall EenfafmrtetheTequir-ements below: 99 1rexquifeud 1-afidseape yaM, front or side yar-d or within any "sight 102 distanee triangle" as defined in ehapter- 21A.62 of this title. 14 B. Safi� Gti�s Reqttir-ed: All uses for- whieh motor- Awl puffi-ps or- islands shall bee 105 made a pai4, shall efeet a safety etifb around the pefifneter of all paved afeas. All sue 1. - leeated so that no vehiel-e ettfbs shall be 1 108 1` G. Gas Pumps At Convenience Food Stofes: 1 subseetions A and • 112 satisfies the following efitefia.: 113 III stores shall be appfoved by the zoning administratof, whef!e the location of sueh punips 116 3. Ptimps shottid be leeated Em the site in a manner- whieh does not iateff�r-e with 119 aceommodated on site and not blook the sidewalk, the street, of any other poftion of timps shottid be visible to the motor-ist on the street; the p4lie right of way; Pumps should be so loeated to avoid confliet between car- 3tof fuel reflect122 ptimps and those - 125 6. Pump loeation, and vehicular- aceess to and exit ftom pumps, should not eonflie • with established pedest6an 127 7. Lighting shall be ofiented se as not to cast difeet light onto adjaeent p 128 129 3. Amends the definition of "GAS STATION" in Section 21A.62.040 as follows: 130 131 GAS STATION: A principal building site and structures for selling tw-s-Me and dispensing 132 4-motor fuels or other petroleum products and the sale of eo,,venieftee retail. rd 133 134 4. Adopts a new definition "FUEL DISPENSING FACILTY" in Section 21A. 62.040, as follows 135 (to be inserted alphabetically into the list of definitions in said section): 136 137 FUEL DISPENSING FACILITY: A stationary facility consisting of one or more fuel storage 138 tanks and associated equipment, which receive, store, and dispense fuel for private use and 139 not for sale to the public. 140 141 142 [END] 61