19.49.090 Regulation of fossil fuel service station uses and structures.

(A) Purpose.

(1) Accommodate continued fossil fuel service station operation as a legal nonconforming use and describe when they may be deemed abandoned.

(2) Allow alterations to fossil fuel service station when such changes provide greater protection of the environment, safeguard public health and safety, facilitate the use of zero emission vehicles, or enable other uses permitted within the respective zoning district.

(3) Prohibit fossil fuel service station operations from increasing the storage and dispensing capacity of gasoline and any other fossil fuel.

(B) Applicability. This section applies to:

(1) All lawfully developed and operating fossil fuel service station uses in existence prior to March 3, 2022.

(2) All fossil fuel service station uses not yet developed and/or operating but subject to an approved and unexpired land use permit as of March 3, 2022.

(C) Modifications to Fossil Fuel Service Station Uses, Generally. Except as provided below, fossil fuel service station uses and structures shall not be enlarged, extended, reconstructed or moved to a different portion of the lot or parcel of land occupied by such use. Examples of features subject to this provision include, but are not limited to, retail fossil fuel sale, storage, conveyance, and dispensing (i.e., storage tanks, pumps, dispensers).

(D) Modifications to Improve Public Health and Safety. Fossil fuel service station uses may be modified to conform to current public health and safety standards (i.e.: stormwater quality control regulations or remediate contamination of the soil, groundwater, pedestrian and bicycle access safety, traffic control devices).

(E) Modifications to Enable Zero Emission Vehicles (Battery Charging Station). Fossil fuel service station uses may be modified to accommodate battery charging station(s) for zero emission vehicles.

(F) Modifications to Enable Zero Emission Vehicles (Hydrogen Fuel Cell Station). Fossil fuel service station uses may be altered to include hydrogen storage, conveyance and dispensing facilities.

(G) Discontinuation of Fossil Fuel Service Station Uses or Structures. A fossil fuel service station use shall not be re-established if such use has been discontinued for a continuous period of one hundred eighty days or longer, unless either of the following exceptions apply:

(1) If the use has discontinued for one hundred eighty days or longer because the nonconforming fossil fuel service station is subject to construction with a valid building permit that has not received final inspection, the nonconforming timeframe will be extended in accordance with the building permit application completion.

(2) If the use has discontinued for one hundred eighty days or longer due to a force majeure event, the nonconforming timeframe may be extended in accordance with a timeframe that receives the approval of the city community development director and the concurrence of the city attorney. The determination of whether an event or circumstance is a "force majeure event" is to be made at the discretion of the city.