[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:
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.
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).
[1]Any structure with exterior walls and a roof.
[2]Gasoline, oil and other petroleum products which have a flash
point below 100º F. to be dispensed through gasoline service
facilities.
A building or other structure where the sale of gasoline
is accessory and clearly incidental to a principal retail and service
use.
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.
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 stations, gasoline sales outlets, gasoline
self-service stations and gasoline service combination car wash facilities.
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.
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.
The legislative body in the Village.
The established division line between separate parcels of
property.
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.
Trailers, trucks and cartop carriers which are offered for
short-term rental.
[3]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.
A.
Minimum lot area.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
B.
Ingress and egress.
(1)
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.
(2)
Lot coverage. Lot coverage for gasoline service facilities
shall not be more than 40% of the site.
(3)
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.
(4)
Buffer.
(a)
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.
(b)
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.
(c)
Landscaped areas shall be designed to be easily
maintained and protected by at least a six-inch nonmountable concrete
or granite curbing.
(d)
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.
A.
Maintenance and operation.
(1)
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.
(2)
There shall be no outside storage or display of accessories
or portable signs when gasoline service facilities are not open for
business.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
All landscaped areas designated on the gasoline service
facility site plan and/or landscaping plan must be maintained in a
neat and healthy condition.
B.
Firesafety regulations.
(1)
General provisions.
(a)
Liquids shall be stored in approved closed containers
not exceeding 60 gallons' capacity or in tanks located underground.
(b)
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.
(c)
Accurate inventory records shall be maintained
on all Class I liquid storage tanks for possible indication of leakage
from tanks or piping.
(d)
Instructions for the operation of pumps, hoses
and dispensers shall be conspicuously posted.
(e)
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.
(f)
No aboveground tanks shall be allowed for storage
of Class I liquids.
(g)
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.
(h)
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.
(i)
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).
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EXHIBIT A
[Amended 1-14-1991 by L.L. No. 1-1991] | |
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(2)
Attendants.
(a)
Each service station open to the public shall,
at all times it is operating, have a qualified attendant or supervisor
on duty.
(b)
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.
(c)
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.
(3)
Tanks, pumps and piping.
(a)
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.
(b)
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.)
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EXHIBIT B
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(4)
Gasoline self-service stations.
(a)
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.
(b)
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.
(c)
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.
(d)
Class I liquids may be dispensed only by customers
possessing a valid motor vehicle operator's license.
(e)
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.
C.
Discontinuance of use.
(1)
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.
(2)
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.
(3)
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.
(4)
The Municipal Board of Zoning Appeals shall be empowered
to extend the above-noted time limits for a discontinued use.
A.
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.
B.
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:
A.
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.
B.
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.
C.
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.
A.
Inspection.
(1)
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.
(2)
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]
(3)
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).
B.
Approval.
(1)
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.
(2)
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:
(a)
Is not detrimental to adjoining zoning districts
and permitted uses;
(b)
Is not detrimental to the orderly flow of pedestrian
and vehicular traffic both on and off site;
(c)
Will not create hazardous or obnoxious conditions;
and
(d)
Is approvable by any other municipal, county,
state or federal department having jurisdiction over the proposed
use or its appurtenant facilities.
(3)
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]
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EXHIBIT C
[Amended 1-14-1991 by L.L. No. 1-1991] | |
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VILLAGE OF FAYETTEVILLE
Municipal Building
425 E. Genesee Street
Fayetteville, New York 13066
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CERTIFICATE OF COMPLIANCE
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The Codes Enforcement Officer of the municipality
of __________ hereby certifies that ___________________________________________
(operator's name) of _________________________________________, has
complied with the rules and regulations now in force pertaining to
the storage, transportation, sale and handling of flammable liquids
and liquefied petroleum gases, including all hazardous chemicals applicable
to the business of ____________________________ (gasoline service
facility name) at (address) ___________________
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License No. ___________________
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Dated ________________, ______
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NONTRANSFERABLE
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Expires December 31, ______
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_____________________________ (signature) _______________
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Codes Enforcement Officer
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DISPLAY AT ALL TIMES
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License No. ________________
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Municipality (date)
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____________ ______
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Issued to ________________ At ________________
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For ________ (name of operator) _________ Amt.
Received _____________
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________________________ (signature) ______________
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Codes Enforcement Officer
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[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.
