Town of Greenburgh, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Greenburgh 2-27-1991 by L.L. No. 9-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Building, fire and plumbing — See Ch. 100.
Zoning — See Ch. 285.
Noise — See Ch. 380.
Taxicabs — See Ch. 450.
Traffic regulations on private property — See Ch. 461.

§ 370-1 Legislative intent.

[Amended 11-12-1997 by L.L. No. 11-1997]
There is a profusion of gasoline service stations within the Town. Many of these gasoline service stations include unrelated uses which may create undue noise and substantial fire and traffic hazards which may create a menace to the health, safety and welfare of persons and property within the Town. This chapter intends to regulate gasoline service stations and private pumping stations within the Town in order to mitigate such potential hazards.

§ 370-2 Definitions.

The following words and terms used in this chapter shall have the meanings indicated:
AUTOMOBILE WRECKING
The dismantling or disassembling of motor vehicles or trailers or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
GASOLINE SERVICE STATION
Any area of land, including structures thereon, or any building or part thereof that is used for the sale of automotive fuel, related petroleum products and other motor vehicle accessories, and which may or may not include facilities for washing, lubricating or otherwise servicing motor vehicles, but not including the painting thereof by any means.
[Amended 11-12-1997 by L.L. No. 11-1997]
GASOLINE STATION CONVENIENCE STORE
An area in the principal building of a gasoline service station dedicated to the sale of prepackaged foods, unpackaged baked goods available by self-service means only, sundries and convenience items as an accessory use to gasoline service stations. The maximum gross floor area for a gas station convenience store shall be 800 square feet unless permitted by special permit issued by the Town Board pursuant to § 285-36O of the Zoning Ordinance. Gasoline station convenience stores shall only be allowed as an accessory use to a gasoline service station as provided for in § 285-36 of the Zoning Ordinance, and in this chapter.
[Added 11-12-1997 by L.L. No. 11-1997]
MAJOR AUTOMOBILE REPAIR
General repair, rebuilding, replacing or reconditioning of engines, motor vehicles or trailers; collision service, including body and fender repair, and frame straightening; painting or upholstering; and vehicle steam cleaning and undercoating.
MINOR AUTOMOBILE REPAIR
Minor repairs of an emergent nature, incidental replacement of parts and motor service to passenger automobiles and trucks not exceeding 1 1/2 tons' capacity, but not including any operation specified under major automobile repair, hand car washing and auto-detailing (i.e., interior and/or engine cleaning).
PRIVATE PUMPING STATION
A commercial facility or private residence where gasoline or other flammable liquids are kept and dispensed primarily for use in motor vehicles.
PUBLIC GARAGE
A structure or portion thereof, other than a private or community garage, used for storage, sale, hire or repair of motor vehicles.

§ 370-3 Permit required.

No person shall establish, maintain or operate a gasoline service station or a private pumping station without first having obtained a permit from the Building Inspector.

§ 370-4 Permit application; term; renewal; fee.

A. 
Each application for a permit shall be made to the Building Inspector on forms supplied by him and shall include but not be limited to the following: the name and location of the station; the name and address of the lot owner; the name and address of the owner of the station; the name and address of the agent or manager who will operate the station; the name and address of the oil company which supplies the greatest percentage of petroleum products to the station; the number and type of petroleum fuel storage tanks; a detailed description of the types of business the station will transact; and the auxiliary fire-fighting apparatus available.
B. 
The application shall also include a site plan of the lot showing the location of the principal and accessory buildings, fuel pumps, tire racks, paved areas, yard signs and fuel storage tanks.
C. 
All permits issued shall expire on December 31 of every year. Permits may be renewed subject to the same requirements set forth above in § 370-4A.
D. 
For each application or renewal application submitted, the applicant shall pay an application fee to be set by the Town Board by resolution.

§ 370-5 Issuance or denial of permit.

A. 
The Building Inspector shall not issue a permit until he has determined that the subject station conforms to the provisions of this or any other chapter of the Town Code.
B. 
If a station fails to conform to the provisions of this or any other chapter of the Town Code, the Building Inspector shall notify the applicant, in writing, of the deficiencies found.
(1) 
If the deficiencies are of such a nature that they constitute an immediate and serious threat to the health and safety of people and/or property, he shall order the applicant to cease operations until the deficiencies have been corrected.
(2) 
If the deficiencies are of such a nature that they do not constitute an immediate and serious threat to the health and safety of people and/or property, he may, in his discretion, issue a temporary permit pending rectification of the deficiencies. Said temporary permit shall be valid for a period of time to be set by the Building Inspector, but in no case shall it be valid for more than one year.

§ 370-6 Location of dispensing equipment.

No pump, pipe or other device for distributing or conveying gasoline or other flammable liquid shall be installed or maintained in, upon or above any public street or any portion thereof, including sidewalk area. Any such pump, pipe or device heretofore or hereafter installed or constructed in, upon or above any public street or any portion thereof, including sidewalk area, may be ordered removed by the Building Inspector. Pumps, pipes and other devices shall be so located that motor vehicles being serviced do not obstruct any portion of a public way or sidewalk.

§ 370-7 Maintenance of premises.

A. 
That area of a station which is used or occupied by motor vehicles shall be paved with blacktop or other approved hard-surface pavement and shall be kept clean, safe and inoffensive at all times. No rubbish, discarded or used materials or articles shall be permitted to accumulate thereon.
B. 
Lighting fixtures shall be supported on aluminum or other rustproof standards, the height, color and design of which shall be approved by the Building Inspector.
C. 
All electrical work, electrical equipment and connections installed in or upon a station site or any public garage which forms a part thereof shall conform to and be in compliance with the building, fire and plumbing chapter of the Greenburgh Town Code.[1]
[1]
Editor's Note: See Ch. 100, Building, Fire and Plumbing.

§ 370-8 Prohibited acts.

A. 
A gasoline service station shall not be used at any time for automobile wrecking.
B. 
It shall be unlawful to carry on, conduct or make major automobile repairs on any gasoline service station site unless the same are carried on, conducted or made inside of a building used as a public garage erected upon or adjacent to said site.
C. 
A gasoline service station shall not:
(1) 
Sell or offer for sale any new or used motor vehicles, trailers or boats.
(2) 
Rent or offer for rent any motor vehicles, trailers or boats.
(3) 
Operate a taxi service as defined in the taxicab chapter of this Code.[1]
[1]
Editor's Note: See Ch. 450, Taxicabs.
D. 
No more than four pennants or flags, each measuring a maximum of five feet by eight feet, may be displayed at any time upon any portion of the gasoline service station site or upon any buildings erected thereon. Additionally, the top of any flagpole used for displaying a pennant or flag may be no more than 30 feet from the ground.

§ 370-9 Tank removal; discontinuance of business; outside regulations.

A. 
Underground gasoline tanks or other underground tanks formerly containing flammable liquids which have been discontinued from service shall be totally removed from the gasoline service station site. In lieu thereof, said tanks may be filled with sand or concrete, provided that written approval of the Building Inspector is first obtained.
B. 
In the event of the discontinuance of a business for which a station permit has been issued, the permittee shall notify the Building Inspector of his intention to discontinue such business not less than 72 hours before the time such discontinuance takes effect.
C. 
Not more than two motor vehicles currently being repaired for each 25 feet of street frontage shall be parked or stored overnight outside on the premises of a gasoline service station. If said service station is situated on a corner lot, the word "frontage" shall mean either but not both sides of such corner lot. In no event shall the operator of a gasoline service station permit the outdoor parking or storage of wrecked, abandoned or unregistered motor vehicles on the service station site.
D. 
Not more than one outside tire rack, of dimensions not to exceed four feet by 15 feet by 10 feet, shall be permitted upon any gasoline service station site. All new, recapped, used or display tires which are outside of the principal or accessory gasoline service station buildings shall be placed in said tire rack. No advertising sign shall be affixed to the tire rack except one sign stating the trade or brand name of the tires being offered for sale, the dimensions of which shall be approved by the Building Inspector.

§ 370-10 Penalties for offenses.

A. 
Any violation of the provisions of this chapter shall, upon conviction, be punished by a fine of not more than $500 and/or imprisonment not to exceed three months. Each day the violation continues shall constitute a separate offense.
B. 
A second and subsequent conviction for the same offense shall be a misdemeanor and punishable by a fine of not more than $1,000 and/or imprisonment not to exceed six months. Each day the violation continues shall constitute a separate offense.