[HISTORY: Adopted by the Board of Trustees of the Village of Fayetteville 8-27-1973 as Art. IV of Ch. 7 of the Code of Ordinances (1972). Amendments noted where applicable.]
[Amended 1-14-1991 by L.L. No. 1-1991]
As used in this chapter, the following terms shall have the meanings indicated:
- ABANDONED GASOLINE SERVICE STATION
- A gasoline service facility where there has been no continuous business operation for a six-month period. The six-month period shall be measured from the first day of written notice by registered mail, return receipt requested, to the owner, lessee and motor fuel supplier of nonuse as documented by the Codes Enforcement Officer.
- ACCESSORY USE
- Any use conducted on the same lot as the principal use to which it is related and which is clearly incidental to the principal use (as indicated in § 89-5). 
- CLASS I LIQUIDS
- Gasoline, oil and other petroleum products which have a flash point below 100º F. to be dispensed through gasoline service facilities.
- GASOLINE SALES OUTLET
- A building or other structure where the sale of gasoline is accessory and clearly incidental to a principal retail and service use.
- GASOLINE SELF-SERVICE STATION
- A building, structure or tract of land used or heretofore used primarily for the dispensing of gasoline by means of a qualified attendant controlling an approved console regulating the flow of gasoline into fixed and approved dispensing equipment thereafter to be operated by the customer. This operation may include facilities for the sale of other retail products as well.
- GASOLINE SERVICE COMBINATION CAR WASH FACILITY
- A gasoline service station or gasoline self-service station used in conjunction with a tunnel and/or bay-type structure designed primarily for the washing and/or cleaning of motor vehicles either on an assembly line basis or utilizing manual labor.
- GASOLINE SERVICE FACILITIES
- Gasoline service stations, gasoline sales outlets, gasoline self-service stations and gasoline service combination car wash facilities.
- GASOLINE SERVICE STATION
- A building or other structure or a tract of land used or heretofore used primarily for the servicing of motor vehicles. It shall signify a retail place of business engaged primarily in the sale of motor fuels and also in supplying goods and services generally required in the operation and maintenance of motor vehicles, to include sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacement items; washing and lubrication services and the performance of routine automotive maintenance and repairs.
- LOT COVERAGE
- The aggregate percentage of the lot area covered by buildings or structures, including the principal buildings, canopies and pump islands but not including light poles, sign standards and fences.
- MUNICIPAL BOARD
- The legislative body in the Village.
- PROPERTY LINE
- The established division line between separate parcels of property.
- QUALIFIED ATTENDANT
- A person thoroughly instructed in the proper handling and control of all Class I liquid dispensing equipment on the premise of a gasoline service facility, to include its emergency operation, and recognized by the operator, by means of a certificate of instruction, as so qualified.
- STREET LINE
- The fixed boundaries of a street or highway right-of-way line whether or not set forth in a deed or shown on a map.
- Anything constructed, erected or otherwise situated, whether of a permanent or temporary nature, on the land.
Minimum lot area.
A gasoline service facility shall be located on an appropriately zoned lot of not less than 100 feet of frontage on any one dedicated street and having a minimum area of not less than 17,500 square feet.
A gasoline service combination car wash facility shall provide adequate lot area to accommodate six times the maximum capacity at the entrance and four times the maximum capacity at the exit of each car wash structure.
Gasoline service combination car wash facilities shall provide an alternate traffic circulation pattern for those Class I liquid customers not using the car wash facilities.
In the event that gasoline service facilities are to be located on arterial highways and the municipality has enacted arterial highway legislation, the lot shall conform to the minimum area set forth in said legislation.
Ingress and egress.
Ingress and egress points for gasoline service facilities shall be located a minimum of 40 feet from the intersection of right-of-way lines on a town road and shall comply with requirements with respect to state, county, city or Village roads.
Lot coverage. Lot coverage for gasoline service facilities shall not be more than 40% of the site.
Setback. Pump islands shall be set back at least 25 feet from street lines and property lines. However, in the event the municipality has enacted arterial highway controls, said structures shall comply with required setback.
A ten-foot-wide landscaped area shall be provided along all gasoline service facility property lines, excluding points of ingress and egress and property lines adjacent to existing commercial uses. The landscaped area shall be densely planted with a mixture of shrubs, trees and/or fencing not less than six feet high which will create an opaque screen.
All landscaped areas along property lines which are crossed by access drives may be planted with low shrubs no greater than three feet high and trees with a branching habit not less than eight feet high; furthermore, no planting shall cause a hazardous condition by interfering with the normal line of sight (350 feet in either direction) needed for safe entering and exiting maneuvers by motor vehicles.
Landscaped areas shall be designed to be easily maintained and protected by at least a six-inch nonmountable concrete or granite curbing.
Landscaping plans shall be prepared by a registered New York State landscape architect except as otherwise authorized by the Municipal Board. All landscape plans shall be subject to the review of the Municipal Board.
Maintenance and operation.
All vehicles at gasoline service facilities shall be stored within a building when the facilities are not open for business. However, licensed vehicles at gasoline service stations for minor repairs may be left outside for a period not to exceed 72 hours. At no time shall any unlicensed or dismantled automobiles, trucks, tractors, trailers or accessories thereof be outside of a building.
There shall be no outside storage or display of accessories or portable signs when gasoline service facilities are not open for business.
Rubbish, oil cans, tires, discarded motor vehicle parts and components and other waste materials may be temporarily stored in a completely fenced-in opaque enclosure adjacent to the gasoline service facility building. The area of such enclosure shall not exceed 200 square feet. There shall be no storage at any time of any of the above-mentioned items outside of such enclosure.
No repair work may be performed out of doors. This does not preclude, however, adding oil to motor vehicles, changing windshield wipers or other similar simple repairs normally performed in conjunction with the sale of gasoline.
Snow must be piled on a gasoline service facility site so that it does not interfere with internal circulation and parking or driver vision when entering or leaving the facility.
During the hours that a gasoline service facility is open, all cars of employees, customers and tow trucks must be parked only in areas designated on the site plan for such vehicles.
All landscaped areas designated on the gasoline service facility site plan and/or landscaping plan must be maintained in a neat and healthy condition.
Liquids shall be stored in approved closed containers not exceeding 60 gallons' capacity or in tanks located underground.
Class I liquids shall not be stored or handled within a building having a basement or pit into which flammable vapors may travel, unless adequate ventilation is supplied.
Accurate inventory records shall be maintained on all Class I liquid storage tanks for possible indication of leakage from tanks or piping.
Instructions for the operation of pumps, hoses and dispensers shall be conspicuously posted.
In locations where flammable vapors may be present, precautions shall be taken to prevent ignition by eliminating or controlling sources of ignition, which may include open flames, lightning, smoking, cutting and welding, hot surfaces, frictional heat, sparks, spontaneous ignition, chemical and physical-chemical reaction and radiant heat.
No aboveground tanks shall be allowed for storage of Class I liquids.
No gasoline may be sold or dispensed into glass or plastic containers. Said product sales shall be made into containers clearly marked with the name of the product contained thereon and equipped with a closure fitted with a screwed or spring cover and a spout so designed that the contents can be poured.
A clearly identified and easily accessible switch(es) or circuit breaker(s) shall be provided at a location remote from dispensing devices, including remote pumping systems, to shut off the power to all dispensing devices in the event of an emergency.
There shall be no smoking on the driveway of service stations in the areas used for fueling motor vehicles, dispensing flammable antifreeze or the receipt of products by tank vehicle or in those portions of the building used for servicing automobiles, tractors or internal-combustion engineers. Conspicuous signs prohibiting smoking shall be posted within sight of the customer. Letters on such signs shall be not less than four inches high. The motors of all vehicles being fueled shall be shut off during the fueling operation. (See Exhibit A below).
Each service station open to the public shall, at all times it is operating, have a qualified attendant or supervisor on duty.
Said attendant shall have been qualified by the facility operator, by means of a course of instruction and certificate as well shall in proper handling and care of all petroleum dispensing equipment on the premises and familiar with all necessary aspects of emergency operation.
It shall be the specific duty of the attendant to directly supervise, observe and control the dispensing of Class I liquids. In addition, he shall be responsible for the control of sources of ignition and the immediate handling of accidental spills and fire extinguishers.
Tanks, pumps and piping.
Tanks, pumps and piping shall, in general, be designed and equipped so as to comply with all principles of sound engineering design. They shall be able to withstand all necessary pressures and to adequately control the escape of liquids and vapors. All equipment on premises shall be constructed and equipped so as to ensure the safe and proper dispensation of Class I liquids and shall meet the municipal tests for strength and tightness and comply with necessary guidelines as, for example, expressed in the NFPA No. 30, Flammable and Combustible Liquids Code.
Class I liquids shall be conveyed from a main storage tank to the dispensing pump by means of a system of piping utilizing an arrangement of three swing joints laid in a horizontal position. (See Exhibit B below.)
Gasoline self-service stations.
Each gasoline self-service station shall have a qualified attendant on duty whenever the station is open for business. It shall be the responsibility of the qualified attendant to control and operate remote pumping equipment. Class I liquids shall at no time be dispensed without the direct supervision of the qualified attendant.
A control shall be provided that will permit the pump to operate only when a dispensing nozzle is removed from its bracket on the dispensing unit and the switch for this dispensing unit is manually actuated. This control shall also stop the pump when all nozzles have been returned to their brackets.
Each gasoline self-service station shall have the remote dispensing equipment situated in such a manner as to give the qualified attendant controlling said equipment an optimum view of the dispensing of Class I liquids.
Class I liquids may be dispensed only by customers possessing a valid motor vehicle operator's license.
Gasoline self-service stations shall provide adequate fire protection systems in the form of an approved system of dry powder release which will act as an automatic fire extinguisher.
Discontinuance of use.
In the event a gasoline service facility is abandoned, as determined by the Municipal Board, the owner, lessee and motor fuel supplier of said gasoline service facility will immediately remove the tanks, gasoline pumps, all identification signs, lighting poles and paint the exterior, if other than brick, a neutral color. In lieu of removing the tanks, said owner and/or lessee shall remove the Class I liquids therefrom and fill all tanks with water for a three-month period only and thereafter with a solid material. The owner and/or lessee shall also provide adequate protection against unlawful entry into the buildings and on the property and shall close all vehicular entrances to the property to prevent the storage of abandoned vehicles thereon.
After the abandonment of said gasoline service facility is determined by the necessary Municipal Board through written notice to the owner, lessee and motor fuel supplier, the said owner and/or lessee shall have a period of one year from the date of written notice to petition the Municipal Board for an alternate commercial use. If the owner and/or lessee has not petitioned the said Municipal Board within the prescribed one-year period and obtained a zone change or permit for some other commercial use, then the municipality may, on its own petition, change the zone to some other classification and require the owner and/or lessee to remove all buildings and structures from the site and level, grade, landscape, seed and maintain the subject property at the owner's and/or lessee's expense.
In the event of failure to comply with any of the aforementioned conditions within 30 days after the issuance of a written directive to do so by the municipality, the municipality may take such steps as are deemed necessary to enforce these conditions.
The Municipal Board of Zoning Appeals shall be empowered to extend the above-noted time limits for a discontinued use.
Illumination. In no event shall a lighting device be placed or directed in a fashion that would permit the beams and illumination therefrom to be directed or beamed upon a public street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.
Setback. The location of all lighting devices shall be approved by the Municipal Board so as not to cause a hazard to on-site and off-site vehicular and pedestrian traffic circulation. In the event that the municipality has enacted arterial highway controls, said lighting devices shall comply with the required setbacks.
Other than the sale of cigarettes, candy, soft drinks and other items from vending machines in an effectively screened area, the following accessory uses shall be permitted pursuant to a special permit procedure in gasoline service stations only:
Rental trailers. An additional 100 square feet of area shall be provided for each rental trailer. Not more than 10 rental trailers shall be stored on site at one time. Storage shall be to the rear of the front building line.
Rental trucks. An additional 200 square feet of area shall be provided for each rental truck. Not more than eight trucks shall be stored on a site at any one time. Storage shall be to the rear of the front building line.
Rental combination. Where both trailers and trucks are offered for rent, not more than 12 units total shall be located on a site at any one time.
Permit application for gasoline service facilities shall be referred to the Municipal Board for compliance with all necessary operating standards. Site and building plans shall be approved by said Board with respect to firesafety, and inspection of equipment and appropriate tests run prior to tank installation and again prior to building completion.
At the time of inspection, photographs locating tanks and piping shall be taken, to be filed with the Codes Enforcement Officer for emergency reference.
[Amended 1-14-1991 by L.L. No. 1-1991]
An initial tank installation fee of $250 per gasoline service facility shall be charged to the petroleum concern involved by the municipality. An annual fee of $25 per station shall be charged for yearly fire inspections and/or for the replacement of tank(s).
The Municipal Board may approve the application for a special permit or, where necessary, deviate from the existing specific requirements upon finding that such proposal makes provision to protect the health, safety and welfare of the public or that such deviation is necessary to permit the use of the property and to obtain the objectives of these rules and regulations.
Before approval of any application or deviation of a specific provision, the Municipal Board shall make separate and distinct determination that the proposed application or deviation:
Is not detrimental to adjoining zoning districts and permitted uses;
Is not detrimental to the orderly flow of pedestrian and vehicular traffic both on and off site;
Will not create hazardous or obnoxious conditions; and
Is approvable by any other municipal, county, state or federal department having jurisdiction over the proposed use or its appurtenant facilities.
By way of approval, the Municipal Board and/or Codes Enforcement Officer shall issue a certificate of compliance to the permit applicant at such time as the gasoline service facility has passed final municipal inspection. Said certificate shall be, at all times, posted on the premises and shall be renewable on a reasonable time basis to be determined by the municipality. (See Exhibit C below.)
[Amended 1-14-1991 by L.L. No. 1-1991]
[Added 1-14-1991 by L.L. No. 1-1991; amended 1-23-2012 by L.L. No. 4-2012]
See Ch. 113, Penalties for Offenses.