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Village of Freeport, NY
Nassau County
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Table of Contents
Table of Contents
Code
New Laws (45) Index
[Added 10-5-2009 by L.L. No. 6-2009]
For the purpose of interpreting, construing and applying the provisions of this article, the following definitions shall be observed:
GASOLINE SERVICE STATION
An establishment in which the principal activity is the retail sale of gasoline and storage of said gasoline for retail sale at the subject premises, together with the ancillary sale and/or use of oil, grease, and other petroleum products related to the servicing of motor vehicles at the subject premises.
The following uses are hereby permitted in a Gasoline Service Station Overlay District only upon permission given by the Board of Trustees and a duly noticed public hearing:
A. 
Gasoline service station and appurtenances such as gasoline pumps, underground storage tanks, and appropriate storage tanks for waste oils, lubricants, and/or other fuels.
B. 
Major repairs when performed wholly within the principal building.
C. 
Minor repairs that apply to the furnishing of the services of maintenance, supply, installation, and minor adjustment customarily furnished at a gasoline service station.
D. 
Gasoline service station convenience stores which are conducted within the same principal building.
E. 
Instruments capable of inflating automobile tires at no charge to the user thereof and available to motorists at all times the gasoline station is open, provided the compressor is housed wholly within the principal building.
F. 
Exterior instruments for vacuuming of the interior of vehicles.
G. 
The storage of trash must be maintained in those areas designated on an approved site plan.
H. 
Car washes, as an ancillary use only, to the gasoline service station shall be permitted upon approval of the Board of Trustees, and only upon a duly noticed and published public hearing.
I. 
Self-service pump operation shall be permitted upon approval of the Board of Trustees and only upon a duly noticed and published public hearing. However, one full-service island shall be available to a handicapped motorist for the hours of operation of said station.
The following uses are hereby prohibited in a Gasoline Service Station Overlay District:
A. 
Major repairs, except those performed exclusively within the principal building.
B. 
Outdoor portable or stationary lifts and pits.
C. 
Vending machines, excluding air pressure and vacuum machines, unless within the principal building.
D. 
Sale, lease, rental, storage or display of new and used motor vehicles.
E. 
Commercial parking of motor vehicles, trailers, boats, and other water-based craft.
F. 
Outside storage of motor vehicles for a period in excess of 12 hours, unless they are enclosed in the principal building.
G. 
The storage of vehicles incapable of self-propulsion out-of-doors at any time.
H. 
Displays of merchandise outside the principal building except for small displays at the pump islands of lubricating oils, additives, waxes, polishes, windshield wiper blades, and other similar small items for retail sale.
I. 
Body and fender repair, collision work or painting, storage of automobile parts, dismantled vehicles or similar items stored in the open.
A. 
A gasoline service station, for the purposes of this article, that is proposed to be erected or operated hereafter must be located on either:
(1) 
East Sunrise Highway;
(2) 
West Sunrise Highway;
(3) 
East Merrick Road; or
(4) 
West Merrick Road.
B. 
In no event can new uses be located in a Business A or more highly restrictive zoning district.
A. 
Lot area: cannot be located on a lot less than 15,000 square feet.
B. 
Street frontage: must have a minimum of 125 feet; in the case of corner lots, a minimum of 125 feet on one street and 100 feet on the other.
C. 
Lot coverage: not to exceed 30%.
D. 
Height: no building, structure, pump or other equipment, except an approved sign, shall exceed 18 feet.
A. 
Front yard. All buildings or structures except gas pumps, signage, canopies, and below-ground storage tanks shall be set back 40 feet from all street property lines.
B. 
Side and rear yards: a minimum twenty-foot setback on all buildings and structures abutting any residential district. There shall be a minimum setback of all buildings and structures of five feet from any side and rear property lines abutting property in any Business District or other less restrictive district.
All gasoline pumps, islands, and canopies covering gasoline pumps shall be set back at least 25 feet from any street property line and at least 25 feet from any side or rear property line. All canopies are to be kept in good condition.
All buffer zones, unless explicitly changed and/or modified under this article, shall be in conformity with the provisions of the Village Code.
Any loading and/or unloading area must be a dedicated area on a site plan.
In the case of a gasoline service station, the existing parking regulations in the current Village Code shall apply. In the event of a proposed gasoline filling station/convenience store, parking shall be calculated on the basis of one parking space per 400 square feet of the floor area of the principal building or structure plus two for each tenant of the building or structure.
Landscaping of the site shall be as per the Site Plan Review Board and must be maintained at all times.
If any section, subsection, sentence, clause, or phrase of this article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article.