§ 27-358. Gas station.

(a)

A gas station may be permitted, subject to the following:

(1)

The subject property shall have at least one hundred and fifty (150) feet of frontage on and direct vehicular access to a street with a right-of-way width of at least seventy (70) feet;

(2)

The subject property shall be located at least three hundred (300) feet from any lot on which a school, outdoor playground, library, or hospital is located;

(3)

The use shall not include the display and rental of cargo trailers, trucks, or similar uses, except as a Special Exception in accordance with the provisions of Section 27-417;

(4)

The storage or junking of wrecked motor vehicles (whether capable of movement or not) is prohibited;

(5)

Access driveways shall be not less than thirty (30) feet wide unless a lesser width is allowed for a one-way driveway by the Maryland State Highway Administration or the County Department of Permitting, Inspections, and Enforcement, whichever is applicable, and shall be constructed in compliance with the minimum standards required by the County Road Ordinance or Maryland State Highway Administration regulations, whichever is applicable. In the case of a corner lot, a driveway may begin at a point not less than twenty (20) feet from the point of curvature (PC) of the curb return or the point of curvature of the edge of paving at an intersection without curb and gutter. A driveway may begin or end at a point not less than twelve (12) feet from the side or rear lot line of any adjoining lot;

(6)

Access driveways shall be defined by curbing;

(7)

A sidewalk at least five (5) feet wide shall be provided in the area between the building line and the curb in those areas serving pedestrian traffic;

(8)

Gasoline pumps and other service appliances shall be located at least twenty-five (25) feet behind the street line;

(9)

Repair service shall be completed within forty-eight (48) hours after the vehicle is left for service. Discarded parts resulting from any work shall be removed promptly from the premises. Automotive replacement parts and accessories shall be stored either inside the main structure or in an accessory building used solely for the storage. The accessory building shall be wholly enclosed. The building shall either be constructed of brick (or another building material similar in appearance to the main structure) and placed on a permanent foundation, or it shall be entirely surrounded with screening material. Screening shall consist of a wall, fence, or sight-tight landscaping material, which shall be at least as high as the accessory building. The type of screening shall be shown on the landscape plan.

(10)

Details on architectural elements such as elevation depictions of each facade, schedule of exterior finishes, and description of architectural character of proposed buildings shall demonstrate compatibility with existing and proposed surrounding development.

(b)

In addition to what is required by Section 27-296(c), the site plan shall show the following:

(1)

The topography of the subject lot and abutting lots (for a depth of at least fifty (50) feet);

(2)

The location and type of trash enclosures; and

(3)

The location of exterior vending machines or vending area.

(c)

Upon the abandonment of a gas station, the Special Exception shall terminate and all structures exclusively used in the business (including underground storage tanks), except buildings, shall be removed by the owner of the property. For the purpose of this Subsection, the term "abandonment" shall mean nonoperation as a gas station for a period of fourteen (14) months after the retail services cease.

(d)

When approving a Special Exception for a gas station, the District Council shall find that the proposed use:

(1)

Is necessary to the public in the surrounding area; and

(2)

Will not unduly restrict the availability of land, or upset the balance of land use, in the area for other trades and commercial uses.

(CB-8-1984; CB-1-1989; CB-48-1998; CB-22-1999; CB-72-1999; CB-29-2014)