[Ord. No. 5-26-69; 1967 Code § 31-1]
GASOLINE-SELLING or SERVICE STATIONS — Any establishment,
other than a public garage, supplying or selling motor fuel from a
pump or pumps and oil from a container or containers direct to motor
vehicles.
And include partnerships, corporations and associations as
well as individuals.
[Ord. No. 5-26-69; 1967 Code § 31-2]
Gasoline-selling or service stations shall be allowed only by
special permit in Retail-Commercial and General-Commercial Highway
Districts and subject to the following standards and regulations.
a.
Lot shall be at least 20,000 square feet in area, with a minimum
lot width of 100 feet.
b.
All fuel pumps, car lifts and service appliances, except the free-air
pump, shall be located at least 25 feet away from the side and rear
property lines so as to permit all services to be performed within
the lot lines.
c.
All fuel tanks shall be installed underground.
d.
Driveways.
1.
Driveways shall cross the sidewalk at right angles, which shall not
be more than 25 feet wide at any point thereof.
2.
There shall be a twenty-five-foot safety zone minimum between driveways.
Driveways shall be at least 10 feet from the adjoining property line
and at least 20 feet from the corner of intersecting right-of-way
line.
3.
There shall be a maximum of two driveways on any street.
e.
The entire area of the station or garage or sales area traversed
by motor vehicles shall be macadam or concrete.
f.
No gasoline-selling or service stations, or area so utilized, shall
be located within 300 of any property upon which a church, hospital,
public or parochial school, private school college, institution or
theater shall be located. Nor shall the gasoline-selling or service
station be located within 2,500 feet of another gasoline-selling or
service station. The distance shall be measured on a straight or air
line from the nearest boundary or property line in the one instance
to the nearest point or boundary line of the use being measured.
g.
Various building and lot requirements.
1.
A buffer yard of not less than 50 feet in width shall be provided
on any special use included wherein this section shall be located
within 50 feet of any residential zone. The distance shall be measured
as indicated in paragraph f. of this subsection. This buffer yard
shall be used only as a planting strip on which hedge, evergreens,
shrubbery or other suitable planting shall be provided and maintained.
2.
The walls of any building are set back at least 25 feet from every
adjoining property line and at least 50 feet from a street right-of-way
line.
3.
Canopies or roof overhangs attached to or extended from the building
shall not extend more than five feet from the building.
4.
Building area. Not more than 10% of the area of each lot may be occupied
by buildings. No building shall exceed one story in height.
h.
All lubrication, repair, painting or similar activities shall be
performed within a completely enclosed building. In addition thereto
all displays and sale of merchandise shall be made or sold within
a completely enclosed building, except as specifically provided or
allowed under the terms of this chapter.
i.
Sufficient parking space for all vehicles of employees and patrons
shall be provided, with a minimum of five spaces.
j.
No automobile, truck, trailer or boat shall be allowed to stand on
any gasoline-selling or service station, publicly advertising it being
for sale, namely, the automobile, truck, trailer or boat.
k.
No gasoline-selling or service station shall be permitted within
50 feet of the nearest lot line of any other building.
l.
No part of any gasoline-selling or service station may be used for
residence or sleeping purposes except by a watchman.
m.
Signs shall be erected in accordance with the requirements enumerated
in the Zoning Ordinance of the Township, except that no sign shall
exceed 25 feet in height; nor shall the sign be erected less than
15 feet from any curb or property line.
n.
All electric, gas, telephone and other utility lines and uses shall
be installed underground.
o.
All alterations or additions to gasoline-selling or service stations,
irrespective of the district in which the same may be located, shall
be made in compliance with the provisions of this chapter.
[Ord. No. 5-26-69; 1967 Code § 31-3]
a.
An applicant for special-exception-use permit under this chapter
shall make application to the Board of Adjustment in the manner provided
by law for an application of use variance and procedure to be followed
by the Board of Adjustment, and the Township Council shall be the
same as that prescribed by law for the granting of a use variance.
Each applicant for such special-exception-use permit shall, at the
time of the filing of such application, pay to the Township Clerk
a filing fee, which fee shall be in addition to the fees for building
permit otherwise prescribed by the applicable ordinance of the Township.
No applications shall be considered by the Board of Adjustment until
such time as the fee is paid.
b.
Upon application, the applicant shall submit with the application
to the Board of Adjustment in triplicate a set of plans, specifications
and site plans which shall show the location and dimensions of boundary
streets and easements, the location of any existing and all proposed
buildings, parking areas, driveways and signs, with dimensions and
areas of all the same, together with such other information as may
be necessary for determining the application of any and all of the
regulations set forth in this chapter, and which shall further show
in detail the exact location of such filling station, the number of
gasoline tanks to be installed, the dimensions and capacity of each
tank, the depth at which the tanks will be placed below ground, the
number of pumps to be installed, the type of structure and accessory
buildings to be constructed, the number of automobiles to be garaged,
and description of the nature and extent of the proposed use. In addition,
a drainage plan providing for the correction, storage and disposal
of stormwater runoff from the site shall be submitted in triplicate.
All surveys, plans, specifications or drawings submitted shall be
prepared by a duly licensed surveyor, architect and engineer.
c.
Then the Board of Adjustment shall conduct a public hearing, of which
notice shall be given to the Planning Board, and shall recommend in
writing to the governing body that a special exception be granted
and a permit be issued, if, in its judgment, such use at the proposed
location would not be detrimental to the health, safety and general
welfare of the community, and is reasonably necessary for the convenience
thereof. The Board of Adjustment, in each case, shall apply the standards
as provided herein and may, in addition require such other features
or design in keeping with the intent thereof that will further the
purpose of the standards and regulations. Such features shall be provided
and maintained as a condition of the establishment and they are a
condition of approval. In the event a favorable recommendation is
made by the Board of Adjustment, the governing body, by resolution,
shall approve or disapprove such recommendation. In making its determination,
the governing body shall be guided by the same standards as those
used by the Board of Adjustment.
d.
If the Board of Adjustment shall recommend that a special exception
be granted and permit be issued, the applications and plans shall
be forwarded to the Planning Board for recommendations, which recommendations
shall be advisory only. The Planning Board shall then forward their
recommendations together with the application and plans to the governing
body. In no event shall the governing body approve or disapprove the
recommendation of the Board of Adjustment prior to the receipt of
recommendations of the Planning Board.
[Ord No. 5-26-69; 1967 Code § 31-4]
a.
Make a specific finding supported by evidence produced at a public
hearing in the manner provided by law, that such use will not be prejudicial
to the character of the neighborhood.
b.
Determine that there is appropriate provision for access facilities
adequate for the estimated traffic from public streets and sidewalks
so as to assure the public safety and to avoid traffic congestion.
c.
Require suitable planting not less than six feet high alongside lot
lines and rear lot lines adjacent to residential uses or zones.
d.
Where the installation of outdoor flood or spot lighting is intended,
determine that such lighting will not shine directly on any abutting
property. No unshielded lights shall be permitted.
e.
Give full consideration to the request for this special exception
use and the Board shall assure itself that such request is consistent
with the plan for future land use in the Township, and with the spirit,
purpose and intent of the Zoning Ordinance. The Board shall also take
into consideration the character and type of development in the area
surrounding the location for which the special exception use is requested,
determine that the use will constitute an appropriate use in the area,
and will not substantially injure or detract from the use of surrounding
property or from the character of the neighborhood.
f.
The erection and use of such station shall in no way cause traffic
congestion on highway or create hazardous driving conditions.
g.
Drainage plan provided for the collection, storage and disposal of
stormwater runoff from the site is adequate.
[New]
Any person that shall violate this chapter, or do any act or
thing prohibited, or refuse to do any act or thing required to be
done, or refuse or fail to comply with an order of the Zoning Administrative
Officer, or an order of the Board of Adjustment or Township Council,
such person shall be subject to the General Penalty established in
Section 1-5 of this Code.
