Loading...
HomeMy WebLinkAboutOrd 351 10/09/1951 FMO*AGH 1&5c 10/8/51 , ORDINANCE NO. ~51 AN ORDINANCE TO REGULATE, LIMIT AND RESTRICT THE PLACE OF BUILD- ING GASOLINE SERVICE STATIONS AND OF GASOLINE STORAGE TANKS WITHIN THE VILLAGE OF MOUNT PROS- PECT, COOK COUNTY, ILLINOIS. * * * * * * BE IT ORDAINED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois: SECTION 1. Definitions. ~fuen used in this ordinance unless the context otherwise requires, the following definitions shall apply: (a) "Person" means any natural individual, firm, trust estate, partnership, association, joint stock company, joint adventure, corporation, public, or private, or a receiver, trustee, conservator, or other representative appointed by order of any court. (b) "Motor Fuel" to mean the same as defined by the "Motor fuel Tax Law of the State of Illinois" and the mean- ing of "Motor Fuel" in this ordinance shall change from time to time in accordance with any changes affected by amendment to the "Motor Fuel Tax Law". I i I i I i I I :i I! ,I r I. I I I II I' 1\ (c) "Service Station" means any store, factory, filling station, garage, lot or other place at which equipment is provided (1) For dispensing motor fuel to consumers. (2) For dispensing motor fuel into the fuel tanks of motor vehicles for operating the motors thereof for the pur- pose of propelling the said motor vehicles (in whole or in part) upon the public highways. (d) "Tanks" means any receptacle, container or equipment for the storage of motor fuel of whatever construction, whe- ther placed above or below ground. (1) Except containers having a capacity of less than twenty- one gallons. (2) Except containers having a capacity of less than fifty- five gallons when such storage is exclusively for indus- trial purposes other than for the propulsion of motor vehicles in whole or in part upon the public highways. (e) "Gasoline buggy" means a portable container used for stor- ing or dispensing motor fuel into the fuel tanks of motor vehicles, having a capacity of more than two gallons, arranged to be carried or moved on wheels or skids, having as a part -2- of or having provisions for the use of dispensing equipment in the form of a pump or otherwise. (f) "Frontage" means that part of a plot of ground immed- iatelyadjacent to and abutting the street or public high- way, provided that whenever a plot of ground is adjacent to or abuts more than one street or public highway, the frontage on all such streets or highways shall be counted, if within the frontage areas as hereinafter set forth. (g) "property" means real property and the word "owner" means the record owner of the real property. (h) "Block" is that area of land surrounded by four (4) streets. Alleys are not to be considered as streets in the definition of block as used in this ordinance. SECTION 2. Permit Restrictions. No service station or tank for the storage of motor fuel as herein defined shall here- after be erected, built, constructed or installed by any person within the limits of the Village of Mount Prospect except on a permit duly issued by the Building Inspector and countersigned by the Village Clerk. No permit shall be issued for the erection, construction, installation or building of any service station or motor fuel storage tank when the number of and capacity of the storage tanks exceeds the limitations thereof as prescribed by the Ordinances of this Village or where the area within which such contemplated erection, construction, installation, or building lies within the following areas: (a) Within 200 feet of any church, school/hospital, fra- ternal lodge, hall, theatre. SECTION 3. Further restrictions. No permit shall be issued for the erection, construction, installation or building of any service station or motor fuel storage tank when the num- ber of and capacity of the storage tanks exceeds the limitations thereof as prescribed by the Ordinances of this Village or where the area within which such contemplated erection, construction, installation, or building lies within the following areas: (a) Within 500 feet of the location of any railway pas- senger station, freight depot and any buildings in which -3- not less than 75% of the total floor space is used for ware- house or storage purposes. , (b) Within 600 feet of the location of any existing service station or tank or gasoline storage tank. SECTION 4. Application, Contents. The application for i i ia permit required by this ordinance shall state the interest of I the applicant in the lot, parcel or land on which the erection, i I construction, building or installation is contemplated, and there I jShall accompany said application the plans and specifications for ithe constr"etion of such contemplated station, tank or appurten- I lances thereto, and a plat or survey showing the location of the i I contemplated structure on the lot upon which the structure is to be erected. Said survey shall also include the block in which I the contemplated structure is to be located, and shall show the respective lots in said block and the foot frontage of each of said lots from which frontage consents are required. I SECTION 5. Frontage Consents. In no case shall a permit hereafter be issued for a service station or storage tank for motor fuel in this Village without the written consent of seventy- I five per cent (75%) of the o~mers of the frontage within 150 I feet of the location upon which it is intended to erect, con- istruct, or install such service station or storage tank. I i I owners as required by Section 5 of this Ordinance shall be filed 'I!With the application for a permit and shall clearly describe the premises upon which the service station or storage tank is con- I i itemplated to be erected, and must be signed by the requisite I Iproperty owners as provided in Section 5, and indicate the lot, IblOCk and subdivision for which the signer is giving consent, land the number of feet frontage for which the signer has. aonsent- I i led. I SECTION 6. Form of Consent. The consent by the property -4- SECTION 7. Fees# Inspection of Plans# etc. The appli- cation for the permit required by this ordinance shall be made to the Building Inspector and he shall within fifteen (15) days from the receipt of such application inspect or cause to be in- spected the site of such contemplated construction# erection# or installation, and he shall ascertain whether such contemplated ! construction complies with all zoning ordinances# building ordi- .! II II nances, and fire ordinances of the Village of Mount Prospect. I! II II In the event said application, plans # and specifications and con- il sents conform to this ordinance # and the zoning ordinances, II II building ordinances # and fire ordinances of the Village of Mount II prospect# said building inspector shall grant the permit re- II ., quested# provided# however, that such permit shall not become il II II valid until the applicant has paid to the Village Collector of the' Ii I !I Village of Mount Prospect an inspection fee of One Hundred Twenty Ii II five Dollars ($125.00) and until said permit is countersigned I. Ii by the Village Clerk. i! il I III the duty of the Building Inspector to inspect such premises for Ii II !I I. il ii " II said Building Inspector shall have full authority to order con- ii 1i II I II 'I L II SECTION 8. Inspection during Construction. It shall be which a permit is granted during the course of construction and struction stopped in all cases where the construction is not in accordance with the plans or specifications as approved by the Building Committee. Ii ., II II II tainers Prohibited. Ii II II II I' II !I I' II ,I II II II II II SECTION 9. Sale of Gasoline at Retail in Portable Con- It shall be unlawful for any person, firm or corporation to sell motor fuel at retail from any gasoline buggy or other vehicle equipped with a tank (the tank in which motor fuel is carried for the operation of said vehicle being ex- cepted) having a greater capacity than five (5) gallons) or con- taining separate container or containers capable of containing in -5- . the aggregate, more than five (5) gallons. I I lordinance excepting portable containers SECTION 10. Existing Stations. The provisions of this those regarding gasoline buggies and other shall not affect any existing gasoline service Istations or storage tank installations in actual operation or use on the day of the enactment of this ordinance, provided, however, Ithat when any such service station or tank installation shall not ihave been used or shall have been abandoned for a period of six after this ordinance becomes effective, the II (6) months or more II same procedure and I, !ltO new stations or !, Il'abandoned stations lithe sale or storage II r~quirements of this ordinance as applicable new tank installations shall apply before such or storage tank can be reoccupied or used for of motor fuel. Ii i!section of this ordinance is held invalid or unconstitutional by SECTION 11. Separability of Provisions. In the event any a court of record such Judgment or adjudication shall not affect, I impair, invalidate, or nUllify any other portion of this ordinance. :1 SECTION 12. Penalties. Any person, firm or corporation l,irhiCh erects or attempts to erect or operate a service station or storage tank without first having complied with the provisions of I I ,:[hiS ordinance shall be fined not less than Five Dollars ($5.00) : or more than One Hundred Dollars ($100.00). Eahh, day that the I iolation of this ordinance occurs shall be deemed a separate and l~istinct offense. II SECTION 13. All ordinanoes or parts of ordinanoes in I~onflict herewith are hereby repealed. ii SECTION 14. This ordinance shall be in full force and ef- Itect from and after its passage, approval and publication, accord- I ng to law. ii PASSED: CJct-ober II APPROVED: OctoiJ€y' H ~ ~ 1951 ~ lySI ) , ~~ il!J~~ President (/ PUBLISHED.in the MOUNT PROSPECT HERALD, the J ~ ~:_',; day of aciDper 1951.