[Effective 4-14-1974]
This article shall be known and cited as the "Gasoline Service
Station Article."
The gasoline service station has become a matter of grave concern
to the people and government of the Town of Hempstead. The concern
embraces existing and new stations. Current land use controls as practiced
have proved inadequate to prevent excess of service station construction,
of uses therein, of visual pollution and of abandonment of stations.
In combination, these abuses threaten blight for the station themselves,
the areas surrounding the station and the Town as a whole. Blight,
then, is to be both cured and prevented.
Its status is thus nearly that of a public utility. Its special
regulation is, therefore, warranted when its operations conflict with
the burden of responsibility placed upon this Town Board by the statutes
of the state in the field of land use. The Board, therefore, seeks
to formulate a systematic planning approach to the location, design
and use of gasoline service stations.
In so doing, it posits the compatibility of the state's Zoning
Enabling Act and the control methods hereby promulgated. Compatibility
is founded in new comprehensions of the Town's basic power over land
use. New concepts involve social amenity, aesthetics, economic safety
and public safety in keeping with the rising public expectation that
the function of government is to cope with public problems.
It is intended, therefore, to conserve property values, create
a more attractive economic and business climate and encourage the
most appropriate use of land throughout the Town. Thereby, the public
health, safety, morals, general welfare and amenity of the Town of
Hempstead will be protected and promoted.
In interpreting and applying the provisions of this article,
the rule of interpretation applicable to remedial legislation shall
be used so that the spirit and intent of this article shall be observed.
If any clause, sentence, section, paragraph or provision of
this article shall be adjudged by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder of this article, but shall be confined in its operation
to the clause, sentence, section, paragraph or provision directly
involved in the controversy in which said judgment shall have been
rendered.
In addition to the definitions in this Building Zone Ordinance,
the following special definitions are applicable to this article.
In the event of conflict, the following definitions shall be controlling:
A gasoline service station not open for normal business operation
for a period of 30 consecutive days without Town Board approval upon
written application.
A site at the intersection or junction of two or more streets,
or of a street and lane which is not less than 20 feet in width.
A gasoline service station, as defined in this article and permitted
by the Town Board after the effective date of this article, which
has become closed and which, after closing, has been adjudicated by
the Town Board to have been discontinued pursuant to the provisions
of § 343A of this article;
An existing gas filling station or battery and tire service
station approved prior to the effective date of this article as a
special exception by the Town Board, which has become closed, and
which, after closing, had been adjudicated by the Town Board to have
been discontinued pursuant to the provisions of § 343A of
this article;
An existing gas filling station or battery and tire service
station in existence at the original effective date of the Building
Zone Ordinance and continuing thereafter as a nonconforming use which
has become closed, and which, after closing, has been adjudicated
by the Town Board to have been discontinued pursuant to the provisions
of § 343A of this article; or
A gasoline service station or a gas filling station or a battery
and tire service station which has become closed and where the buildings
and structures have been sealed in accordance with Chapter 90 of the
Code of the Town of Hempstead.
An establishment in which the principal activity is the storage
and retail sale of gasoline, oil, grease and other petroleum products
related to the servicing of motor vehicles. A "gasoline service station"
shall be deemed to exclude the following:
Major repairs, except those performed within the principal building.
Outdoor stationary lifts and pits.
Vending machines, except those within the principal building
or within four feet from an exterior wall of the principal building.
Sale, lease, rental, storage or display of new or used motor
vehicles.
Commercial parking.
The storage of motor vehicles for a period in excess of 24 hours
unless the motor vehicle is enclosed in the principal building or
the storage of vehicles incapable of self-propulsion out of doors
at any time.
Displays of merchandise outside the principal building except
for small sample displays at the pump islands of new tires, lubricating
oils, additives, waxes, polishes, windshield wiper blades and similar
small items.
Major repairs permissible at a gasoline service station,
including those normally accessory and incidental to the day-to-day
operations of motor vehicles, but shall not include body and fender
repair, collision work or painting.
Minor repairs permissible at a gasoline service station,
including those normally accessory and incidental to the day-to-day
operation of motor vehicles and to the principal activity and performed
within the principal building.
A.
In the event of a conflict between the provisions of this article
and other provisions of the Building Zone Ordinance, the provisions
of this article shall control.
B.
In the event of a conflict between the provisions of this article
and the provisions of Chapter 132 of the Code of the Town of Hempstead
(Flammable and Combustible Liquids), the provisions of this article
shall control.
There is hereby established a Gasoline Service Station District.
Such District shall be a superimposed use district. In the Gasoline
Service Station District, buildings and structures may be erected,
altered or used and lots or premises may be used in accordance with
the provisions of this article, and not otherwise.
A.
Uses. A building or structure may be erected, altered or used and
a lot or premises may be used for any of the following purposes, and
for no other:
(1)
A gasoline service station and accessory structures and appurtenances
such as gasoline pumps and storage tanks.
(2)
Major repairs when performed within the principal building.
(3)
Minor repairs.
(4)
Parking and storage areas as specified in this article.
(5)
Signs as specified in this article.
(6)
Display of merchandise as specified in this article.
B.
Proximity and location. No gasoline service station shall be erected
or operated closer than 1,000 feet, as measured by airline distance,
from the nearest points of lot boundaries from:
(1)
A gasoline service station as defined in this article and permitted
by the Town Board after the effective date of this article;
(2)
An existing gas filling station or battery and tire service station
approved prior to the effective date of this article as a special
exception by the Town Board; or
(3)
An existing gas filling station or battery and tire service station
in existence at the original effective date of the Building Zone Ordinance
and continuing thereafter as a nonconforming use.
C.
Area and bulk. No gasoline service station shall be erected or operated
except in compliance with the following requirements:
(1)
Lot area. The lot area shall be not less than 15,000 square feet.
(2)
Street frontage. The lot shall have a frontage of not less than 150
feet on a street. In the case of a corner site, the minimum street
frontage shall be 150 feet on one street and 100 feet on another street.
(3)
Building area. The building area shall not exceed 30% of the lot
area.
(4)
Gas pumps. The number of permitted gas-dispensing pumps shall be
determined on the basis of the requirements of 1,500 square feet of
lot area per pump subject to a maximum of 16 pumps per station. A
multiple pump stanchion shall be counted according to the number of
pumps; for example, a double stanchion shall be counted as two pumps.
(5)
Height. No building, structure, pump or other equipment except approved
signs shall exceed 18 feet in height as measured from the average
finished grade abutting said building, structure or equipment.
(6)
Depth. The lot shall have a depth of not less than 100 feet.
D.
Yards and setbacks. No gasoline service station shall be erected
or operated except in compliance with the following requirements:
(1)
Front setback. All buildings and structures except gas pumps shall
be set back at least 40 feet from all street property lines.
(2)
Side and rear yard. There shall be a minimum setback of all buildings
and structures of 20 feet from any side or rear property line abutting
on residential property measured from the use district separation
line. There shall be a minimum setback of all buildings and structures
of 10 feet from any side or rear property line abutting property in
the Business District or other less restrictive district.
(3)
Location of gas pumps. All gas pumps and islands shall be located
at least 25 feet from any street property line and at least 25 feet
from any side line or rear property line.
E.
Amenities and design. No gasoline service station shall be erected
or operated except in compliance with the following requirements:
(1)
Fences. A six-foot-high stockade fence, as measured from ground level
and woven in a neutral inconspicuous color, shall be erected and maintained
along business and residential property lines, but no fence shall
be erected closer than 15 feet from any street property line.
(2)
Landscaping. A five-foot buffer strip shall be provided to protect
abutting residential property. Such strip shall contain evergreens
not less than seven feet high and planted not more than seven feet
apart and maintained in good condition, provided that such planting
shall not be closer than 15 feet from the property line abutting a
street.
(3)
Walls. In lieu of the above-mentioned fence and landscaping requirements,
the owner may install a wall of good quality and design on all such
abutting property lines other than street lines or, in the alternative,
may install such fences and landscaping along a portion of such abutting
property lines and install such a wall along the remaining portions
of such property lines. A detailed plan of such substitution of walls
for fences and landscaping shall be shown on the site plan upon an
original application. In such case, the approval of such substitution
shall be subject to the approval of the Commissioner of Buildings
of the Town of Hempstead.
(4)
Paving. All open spaces shall be paved with a permanent surface of
concrete or asphalt.
(5)
Curbs. Street curbs shall be installed in all adjoining streets.
A raised curb of at least six inches in height shall be erected along
all street property lines except for driveway openings.
(6)
Sidewalks. All sidewalk areas shall be paved with concrete.
(7)
Distance between gas pumps. The maximum distance between two pumps
on an island shall be 10 feet.
(8)
Intrusion into required area. No building or structure, gasoline
pump, pump island, service island, sign, pole or parking area shall
be located within a required front, side or rear yard.
(9)
Trash. No trash shall be kept or stored in any open spaces.
(10)
Exterior lighting. Exterior lighting shall be so installed that
the surface of the source of light shall not be visible from any bedroom
window and shall be so arranged as far as practical to reflect light
away from any residential use; and in no case shall more than one
footcandle power of light cross a lot line five feet above the ground
in a residential district.
F.
Circulation and safety. No gasoline service station shall be erected
or operated except in compliance with the following requirements:
(1)
Interior circulation. All buildings and structures, including gas
pumps and islands, interior curbs and anything which will obstruct
the passage of a vehicle, shall be so located as to provide adequate
area for maneuvering vehicles in the service area and proper visibility.
(2)
Access driveways. The width, location and alignment of an entrance
or exit drive should permit a vehicle entering the station to turn
out of the nearest lane of traffic without interfering with other
traffic movement. A vehicle leaving a station should be able to turn
into the nearest lane of traffic moving in the direction desired and
be channeled within that lane before crossing an intersection or proceeding
on the street. The driveway itself must be constructed so as to prevent
its being widened through usage. The maximum width of a driveway shall
be 40 feet as measured along the street curbline and 30 feet at the
property line. No driveway or curb cut for a driveway shall be located
within 10 feet of an adjoining property line as extended to the curb
or pavement, or within 20 feet of any exterior (corner) lot line as
extended. Any two driveways giving access to a single street shall
be separated by an island with a minimum dimension of 20 feet to both
the street property line and the curb or edge of the pavement. The
angle of intersection of the center line of any driveway with the
center line of the street should not be less than 60°.
G.
Operation and supervision.
[Effective 7-29-1978; 4-17-2017; 9-10-2018]
(1)
Gasoline service stations shall be supervised by the owner or employee
of the owner of said gasoline service station at all times when the
station is open for operation.
(2)
The installation and use of coin-operated or self-service operated
gas-dispensing pumps is prohibited. Gas-dispensing pumps may only
be operated by the owner or qualified employees of the gasoline service
station.
(3)
All gasoline service stations shall provide an air compressor capable
of inflating automobile tires, which is installed and maintained in
a manner that complies with the following conditions:
(a)
The air compressor and hoses necessary for the inflation of
tires shall be kept in good repair and shall be available to the user,
customer or patron at all times the gasoline station is open for business.
(b)
Coin-operated or other for-profit air-compressor units are permitted,
except that in emergency situations, upon a user, customer or patron's
request to the attendant, the station shall provide access to compressed
air at no charge during regular business hours.
(c)
Each gasoline service station that maintains or possesses a
machine used to inflate automobile tires or any other device which
contains or utilizes compressed air for a fee charged to the user,
customer or patron shall conspicuously post upon the face of each
such machine or, if there is inadequate space to permit notice to
be posted on the machine, immediately adjacent thereto, a sign the
letters of which shall be in red on a white background and be of a
font size that is no less than 36 point which states: "IN AN EMERGENCY
UPON REQUEST, THE ATTENDANT WILL PROVIDE ACCESS TO COMPRESSED AIR
AT NO CHARGE DURING BUSINESS HOURS." The portion of the sign that
reads "IN AN EMERGENCY" shall be in boldface text.
(d)
As used in this section, the term "emergency" shall include
a user, customer or patron's financial inability to pay the cost to
obtain compressed air under his/her current circumstances.
(e)
In making a determination with respect to a situation where
an "emergency" is asserted, the following shall create a rebuttable
presumption that an emergency exists:
[1]
A user, customer or patron's claim to the attendant that he/she
has no money to pay for the compressed air, at the current time and
place; and
[2]
If denial of compressed air at no charge would impair the user,
customer or patron's ability to safely operate the vehicle, or otherwise
endanger the safety or welfare of the user, customer or patron, his/her
passengers, if any, and/or other motorists, pedestrians or property.
(f)
For purposes of this section, the presence of any of the following
conditions shall create a rebuttable presumption that a user, customer
or patron's ability to safely operate a vehicle will be impaired:
[1]
The tire pressure for one or more tires on the vehicle, as read
by an air pressure gauge or tire pressure monitoring system (TPMS),
is less than the manufacturer's optimum or recommended pounds per
square inch (PSI);
[2]
The existence of a puncture or slow leak in one or more tires;
or
[3]
The outward appearance of one or more tires appears deflated.
(4)
Penalties for offenses. Notwithstanding any other penalty otherwise
prescribed in the Building zone Ordinance of the Town of Hempstead,
any person who violates this section or fails to comply with any of
its requirements shall, upon conviction thereof, be guilty of an offense
punishable by a fine of not less than $100 and not exceeding $500
or imprisonment for a period not to exceed 15 days, or both, for conviction
of a first offense; by a fine of not less than $500 nor more than
$1,000 or imprisonment for a period not to exceed 15 days, or both,
for conviction of a second offense, both of which were committed within
a period of five years; and by a fine not less than $1,000 nor more
than $2,000 or imprisonment for a period not to exceed 15 days, or
both, upon conviction for a third or subsequent offense all of which
were committed within a period of five years. Each day of noncompliance
shall be considered a separate offense.
An application for inclusion of new premises in the Gasoline Service Station District shall be submitted in accordance with Article XXVI of this Building Zone Ordinance. Site plans and statements shall accompany such application as provided in § 338 of this article. In addition thereto, such application shall be accompanied by the following:
A.
Covenants and restrictions. Covenants and restrictions in the form
prescribed by the Town Board, duly executed and acknowledged in recordable
form and providing, among other things, as follows:
(1)
That the owner shall covenant and agree to cease and desist from
the uses and to remove the buildings and appurtenances as required
by § 345 hereof.
(2)
That, upon the failure of the owner to cease and desist from such
uses and to remove the buildings and appurtenances as so required,
the Town shall have the right of entry upon the owner's premises without
further notice to the owner.
(3)
That, upon such failure to cease and desist and to remove buildings
and appurtenances, the Town may remove the buildings and appurtenances
as the agent for and at the expense of the owner.
(4)
That, upon such entry, the Town may take all steps reasonably necessary
and proper to protect the building from vandalism, destruction, deterioration
and trespass prior to removal.
(5)
That the expenditures by the Town, pursuant to this section, shall
be deemed as made in the course of repair and improvement of the owner's
premises securable by the filing of a mechanics lien.
(6)
That the certification of the Commissioner of Buildings, as to the
amount of such expense as approved or modified by the Town Comptroller
upon audit duly certified to the Town Board, shall be binding upon
the owner.
(7)
That the Town shall have a cause of action for the recovery of such
expenses as certified above.
(8)
That all of the rights, remedies and privileges in favor of the Town
under such agreement shall be nonexclusive and shall be in addition
to any other rights and remedies of the Town pursuant to law.
(9)
That the covenants and provisions of said agreement shall run with
the land.
B.
The Town Clerk of the Town of Hempstead shall be the agent of every
applicant upon whom any notices required by this article may be served.
C.
No application to include a new premises in the Gasoline Service
Station District shall be granted unless the application submitted
designates the Town Clerk of the Town of Hempstead as such agent for
required notices.
D.
Bond. Upon a new application for inclusion in the Gasoline Service
Station District subsequent to an order of revocation, the application
shall be accompanied, in addition to the accompanying papers required
for an initial application, by a bond in the amount of $10,000 to
secure the performance of all terms and conditions on the part of
the owner under the accompanying covenants and agreements. Such bond
shall be in the form required by the Town Board and shall provide,
among other things, that the remedies thereunder shall be nonexclusive
and additional to the remedies under the covenants and agreements
and as otherwise provided by law.
No application for the inclusion of any land in the Gasoline
Service Station District shall be entertained, heard or acted upon
unless such application shall be accompanied by a site plan in conformity
with § 305B, C, D and E of the Building Zone Ordinance and
submitted to the Town Board with such application.
In addition to the requirements of § 338 of this article,
the site plan shall show the following:
A.
The locations, names and existing widths of adjacent streets and
curblines.
B.
A statement that no gasoline service station or existing gas filling
station or battery and tire service station is located within a radius
of 1,000 feet, as measured by airline distance from the nearest points
of lot boundaries.
C.
A radius map, drawn to scale, showing all gasoline service stations
or existing gas filling stations or battery and tire service stations
within airline distance of 1,500 feet between the nearest points of
lot boundaries.
D.
A copy of existing deed restrictions or covenants applying to the
premises.
E.
Existing zoning.
F.
Existing structures and utilities.
G.
The location of all signs.
H.
The text of any proposed easements, deed restrictions or covenants.
I.
Any contemplated public improvements on or adjoining the property.
J.
Any proposed new grades, indicating clearly how such grades will
meet existing grades of adjacent properties or the street.
K.
A boundary survey.
No application to include any premises in the Gasoline Service
Station District shall be granted unless the Town Board shall review
and approve such site plan. In the course of such review, the Town
Board may, in its discretion, refer the site plan for the purpose
of making an advisory report and recommendation with respect thereto
to any one or more officers, agencies or departments of the Town.
A.
The Gasoline Service Station District shall be a superimposed use
district. No application to place the premises in the Gasoline Service
Station District shall be entertained, heard, acted upon or granted
unless such land shall lie in one or more of the following use districts
under this Building Zone Ordinance:
B.
The inclusion of land in the Gasoline Service Station District shall
not be deemed an exclusion of such land from such underlying district
or districts.
A.
Subsequent to the inclusion of any premises in the Gasoline Service
Station District, the uses permitted in the underlying use district
or districts shall be suspended and shall be deemed prohibited. Such
prohibited uses shall include:
B.
An application by the owner for inclusion of premises in the Gasoline
Service Station District shall be deemed a conditional waiver of all
such permitted uses in the underlying use district or districts for
the duration of such inclusion of premises in the Gasoline Service
Station District and shall further be deemed a conditional consent
to such suspension for such duration. A conditional waiver and consent
shall become effective upon a grant by the Town Board of an application
to include land in the Gasoline Service Station District.
A.
Inclusion of any premises in the Gasoline Service Station District
shall be terminated in any of the following events:
(1)
The voluntary surrender of such inclusion by the owner by written
agreement duly executed and acknowledged.
(2)
By order of the Town Board revoking the inclusion in the Gasoline
Service Station District upon a determination of discontinuance pursuant
to the provisions of § 344B of this article.
(3)
By the action of the Town Board in placing such premises in a use
district other than the Gasoline Service Station District without
the consent of the owner. Nothing contained in this article shall
be deemed an impairment of the right of the Town Board to amend the
Building Zone Ordinance or this article at any time according to law.
B.
The Town Board shall have the power to delete from a Gasoline Service
Station District premises that have terminated the gasoline service
station use as provided in §§ 343A and 344 of this
article.
C.
Resumption or assumption of permitted uses in underlying districts.
(1)
Upon the deletion of any land from the Gasoline Service Station (GSS) District as provided in Subsection B of this section, the uses permitted in the underlying use district or districts may be resumed. In the event of deletion of Gasoline Service Station (GSS) District designation upon voluntary surrender under Subsection A(1) of this section, then notwithstanding the provisions of any covenants and restrictions entered into pursuant to § 337A of this article, no public hearing before the Town Board shall be required to annul any covenants or restrictions relating solely to gasoline service station use, or to modify a site plan showing the approved layout of a gasoline service station, provided that any such covenants and restrictions relating to approval by the Town Board of retail sales of products under § 336A(7) of this article shall remain subject to a public hearing requirement as may be set forth within the covenants and restrictions, and provided that any post-deletion modifications, additions or improvements to the premises shall be subject to the jurisdiction of the Department of Buildings, Town Board and Board of Appeals, as applicable in the underlying use district.
[Effective 7-28-2012]
(2)
If the underlying use district has been changed to another underlying
district, the uses permitted therein may be assumed by the owner.
A.
Criteria for determining discontinuance. Any uses referred to in
§ 336 of this Building Zone Ordinance which are discontinued
for a period of six consecutive months shall not be resumed or reestablished,
and any subsequent use shall conform to the use regulations of the
underlying district. A use shall be deemed to have been discontinued
under any of the following conditions:
(1)
Vacancy of the premises by the owner or operator for a period of
six consecutive months;
(2)
Removal of pumps from the premises and their continuous absence from
the premises for a period of 30 consecutive days unless the owner
has obtained a waiver of this condition upon written application to
the Town Board; or
B.
Procedures.
(1)
At the expiration of the stated periods of time under Subsection A of this section, the Town Board, upon its own motion or the instance of any resident within a two-hundred-foot radius of the premises, may proceed to eliminate the premises from a Gasoline Service Station District pursuant to the provisions of Article 16 of the Town Law.
(2)
At the hearing to be held before the Town Board, the owner of the
premises sought to be eliminated from a Gasoline Service Station District
may present such competent and material testimony or other evidence
on his own behalf as may be relative to the subject matter of the
hearing.
The following provisions shall become applicable upon an order
of revocation pursuant to § 343B of this article:
A.
That, upon the filing of the order of revocation in the Town Clerk's
office and notice thereof to the owner by mail, addressed to the subject
premises and to the owner's office and residence and to the address
registered with the Town Clerk by the owner for the purpose of receiving
such notice, the owner shall forthwith cease and desist from the uses
permitted in the Gasoline Service Station District and shall thereafter
remove the building, gas storage tanks, pumps and pump islands at
his own sole cost and expense within 60 days after the date of the
mailing of such notice.
B.
That, upon the failure of the owner to cease and desist from such
uses and remove such buildings and appurtenances within the time so
limited, the Town shall have the right of entry upon the owner's premises
without further notice and may remove such buildings and appurtenances
as the agent for and at the expense of the owner.
C.
That, upon such entry, the Town may take all steps reasonably necessary
and proper to protect the building from vandalism, destruction, deterioration
and trespass prior to removal by the Town.
A.
All existing gasoline service stations may be continued as provided
in this article, and not otherwise.
B.
All existing gasoline service stations shall be nonconforming uses
subsequent to the effective date of this article, but subject to amortization
as provided by this section.
C.
All gasoline service stations in existence at the effective date
of this ordinance which shall not have been included with the Gasoline
Service Station District by January 1, 2005, shall be terminated on
said date, and thereafter the premises may no longer be used for a
gasoline service station.
[Effective 10-19-1999; 1-29-2002]
D.
The proximity requirements set forth in § 336B of this
article shall not prohibit the inclusion of existing gasoline service
stations within a Gasoline Service Station District.
E.
All accessory uses on the premises of an existing gasoline service station which are not permitted as accessory uses in the Gasoline Service Station District shall be permitted to remain in existence for five years from the effective date of this article and shall be removed thereafter, except that the display or sale of merchandise on the premises prohibited by Subsections C and G of the definition of "gasoline service station" in § 333 of this ordinance shall be permitted to remain in existence for six months from the effective date of this article and shall be removed thereafter.
F.
All signs on the premises of existing gasoline service stations which
are not permitted as signs in the Gasoline Service Station District
shall be permitted to remain in existence for three years from the
effective date of this article and shall be removed thereafter. Signs
which are required in the Gasoline Service Station District shall
be erected within 30 days from the effective date of this article.
G.
If, for a continuous period of eight months, an existing gasoline
service station has been closed, such land shall thereafter be used
only for a conforming use. Intent to resume active operations shall
not affect the foregoing.
H.
No permit shall be issued for the alteration of an existing gasoline service station, its premises, buildings or appurtenances or for the enlargement of any existing use except after Town Board approval and following a public hearing in accordance with Article XXVIII of this ordinance. In such case, the Town Board may dispense, in whole or in part, with conformity with the provisions applicable to the Gasoline Service Station District but may impose safeguards and conditions as it may deem appropriate, necessary or desirable to promote the spirit and objectives of this article, including, but not being limited to, covenants and agreements in recordable form and running with the land. Such permit shall not be effective to extend the amortization period under Subsection C of this section.
I.
If, for a continuous period of eight months, an existing gasoline service station has been closed and if within one month subsequent thereto the buildings and appurtenances shall not have become used for a conforming use, then the Town Board on its own motion or upon petition of an owner of property within 200 feet of such premises may proceed to order the removal of all of the structures and appurtenances on said premises at the owner's own sole cost and expense. Such order to remove shall be made only after notice and public hearing pursuant to Article XXVIII of this Building Zone Ordinance and upon a determination by the Town Board upon the conclusion of such public hearing that such closed gasoline service station is a blight upon adjoining and surrounding properties. In arriving at the determination that such service station is a blight as aforesaid, the Town Board shall consider whether such removal will promote the purpose of securing safety from fire, crime and other dangers, to promote the health and general welfare, the conservation of the value of the land and buildings within the Town and encouragement of the most appropriate use of land throughout the Town.
J.
All existing gasoline service stations shall comply with the provisions
of § 336G(3) of the Building Zone Ordinance.
[Effective 7-29-1978; 10-22-2018]
K.
The provisions of Subsection H to the contrary notwithstanding, the removal of underground tanks at existing gasoline service stations for replacement with tanks constructed of corrosion-resistant materials, whether or not said removal is proposed along with an increase in storage volume regulated by Chapter 132 of the Code of the Town of Hempstead, shall not require a public hearing, and that inspections, fees and permits therefor shall all be governed in the same manner as new underground tank installations pursuant to the requirements of Chapter 132 of the Code of the Town of Hempstead.
[Effective 3-17-1980]
A.
No signs shall be permitted in the Gasoline Service Station District
except as provided in this article.
B.
The provisions of Article XXIV of the Building Zone Ordinance shall be applicable to this article except as herein otherwise expressly provided.
C.
The following signs shall be permitted in the Gasoline Service Station
District without a permit:
(1)
Name and address signs: one wall sign denoting the name and/or address
of the occupants of the premises when such sign does not exceed 24
square inches for each occupant.
(2)
Window signs: Signs shall be permitted in each display window, provided
that the total area of all signs used or displayed in such window
does not exceed 1/4 the area of the window.
(3)
Wall sign: one wall sign in the case of premises facing on only one public street and two wall signs facing on two streets in the case of corner sites, as defined in Subsection C(4).
(4)
A "wall sign" shall mean any single-faced sign which is attached
to, incorporated into or painted on the exterior wall of the premises
abutting a public street advertising only the business conducted on
the premises when such sign does not:
(a)
Exceed two square feet in area for each horizontal foot of such
wall.
(b)
Exceed in length 90% of the horizontal measurement of each wall
space.
(c)
Project above any portion of the roof of the building except
if such sign is attached to a parapet wall, which does not exceed
three feet in height, and the sign does not extend above the top thereof.
(d)
Project more than 12 inches from such wall, including any artificial
lighting or reflectors connected thereto.
(e)
Include the wall area considered in the computations for any
facade sign.
D.
Price and grade of quality signs. On each pump dispensing gasoline
at retail there shall be affixed a single- or double-faced sign of
12 inches in height and 12 inches in width, stating clearly and legibly,
with whole cent numerals at least nine inches in height and two inches
in width, the selling price of the gasoline. Such sign shall also
indicate the federal, state and local taxes included in such selling
price per gallon. No other price sign shall be permitted. The name
brand and grade of quality classification of the gasoline shall be
permanently imprinted on the gasoline-dispensing device.
[Effective 9-4-1978]
