This article shall be known and cited as the "Gasoline Service
Station Article."
The gasoline service station has become a matter of grave concern
to the people and government of the Town of Hempstead. The concern
embraces existing and new stations. Current land use controls as practiced
have proved inadequate to prevent excess of service station construction,
of uses therein, of visual pollution and of abandonment of stations.
In combination, these abuses threaten blight for the station themselves,
the areas surrounding the station and the Town as a whole. Blight,
then, is to be both cured and prevented.
Its status is thus nearly that of a public utility. Its special
regulation is, therefore, warranted when its operations conflict with
the burden of responsibility placed upon this Town Board by the statutes
of the state in the field of land use. The Board, therefore, seeks
to formulate a systematic planning approach to the location, design
and use of gasoline service stations.
In so doing, it posits the compatibility of the state's Zoning
Enabling Act and the control methods hereby promulgated. Compatibility
is founded in new comprehensions of the Town's basic power over land
use. New concepts involve social amenity, aesthetics, economic safety
and public safety in keeping with the rising public expectation that
the function of government is to cope with public problems.
It is intended, therefore, to conserve property values, create
a more attractive economic and business climate and encourage the
most appropriate use of land throughout the Town. Thereby, the public
health, safety, morals, general welfare and amenity of the Town of
Hempstead will be protected and promoted.
In interpreting and applying the provisions of this article,
the rule of interpretation applicable to remedial legislation shall
be used so that the spirit and intent of this article shall be observed.
If any clause, sentence, section, paragraph or provision of
this article shall be adjudged by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder of this article, but shall be confined in its operation
to the clause, sentence, section, paragraph or provision directly
involved in the controversy in which said judgment shall have been
rendered.
In addition to the definitions in this Building Zone Ordinance,
the following special definitions are applicable to this article.
In the event of conflict, the following definitions shall be controlling:
CLOSED GASOLINE SERVICE STATION
A gasoline service station not open for normal business operation
for a period of 30 consecutive days without Town Board approval upon
written application.
CORNER SITE
A site at the intersection or junction of two or more streets,
or of a street and lane which is not less than 20 feet in width.
DISCONTINUED GASOLINE SERVICE STATION
A.
A gasoline service station, as defined in this article and permitted
by the Town Board after the effective date of this article, which
has become closed and which, after closing, has been adjudicated by
the Town Board to have been discontinued pursuant to the provisions
of § 343A of this article;
B.
An existing gas filling station or battery and tire service
station approved prior to the effective date of this article as a
special exception by the Town Board, which has become closed, and
which, after closing, had been adjudicated by the Town Board to have
been discontinued pursuant to the provisions of § 343A of
this article;
C.
An existing gas filling station or battery and tire service
station in existence at the original effective date of the Building
Zone Ordinance and continuing thereafter as a nonconforming use which
has become closed, and which, after closing, has been adjudicated
by the Town Board to have been discontinued pursuant to the provisions
of § 343A of this article; or
D.
A gasoline service station or a gas filling station or a battery
and tire service station which has become closed and where the buildings
and structures have been sealed in accordance with Chapter 90 of the
Code of the Town of Hempstead.
GASOLINE SERVICE STATION
An establishment in which the principal activity is the storage
and retail sale of gasoline, oil, grease and other petroleum products
related to the servicing of motor vehicles. A "gasoline service station"
shall be deemed to exclude the following:
A.
Major repairs, except those performed within the principal building.
B.
Outdoor stationary lifts and pits.
C.
Vending machines, except those within the principal building
or within four feet from an exterior wall of the principal building.
D.
Sale, lease, rental, storage or display of new or used motor
vehicles.
F.
The storage of motor vehicles for a period in excess of 24 hours
unless the motor vehicle is enclosed in the principal building or
the storage of vehicles incapable of self-propulsion out of doors
at any time.
G.
Displays of merchandise outside the principal building except
for small sample displays at the pump islands of new tires, lubricating
oils, additives, waxes, polishes, windshield wiper blades and similar
small items.
MAJOR REPAIRS
Major repairs permissible at a gasoline service station,
including those normally accessory and incidental to the day-to-day
operations of motor vehicles, but shall not include body and fender
repair, collision work or painting.
MINOR REPAIRS
Minor repairs permissible at a gasoline service station,
including those normally accessory and incidental to the day-to-day
operation of motor vehicles and to the principal activity and performed
within the principal building.
There is hereby established a Gasoline Service Station District.
Such District shall be a superimposed use district. In the Gasoline
Service Station District, buildings and structures may be erected,
altered or used and lots or premises may be used in accordance with
the provisions of this article, and not otherwise.
An application for inclusion of new premises in the Gasoline Service Station District shall be submitted in accordance with Article
XXVI of this Building Zone Ordinance. Site plans and statements shall accompany such application as provided in §
338 of this article. In addition thereto, such application shall be accompanied by the following:
A. Covenants and restrictions. Covenants and restrictions in the form
prescribed by the Town Board, duly executed and acknowledged in recordable
form and providing, among other things, as follows:
(1) That the owner shall covenant and agree to cease and desist from the uses and to remove the buildings and appurtenances as required by §
345 hereof.
(2) That, upon the failure of the owner to cease and desist from such
uses and to remove the buildings and appurtenances as so required,
the Town shall have the right of entry upon the owner's premises without
further notice to the owner.
(3) That, upon such failure to cease and desist and to remove buildings
and appurtenances, the Town may remove the buildings and appurtenances
as the agent for and at the expense of the owner.
(4) That, upon such entry, the Town may take all steps reasonably necessary
and proper to protect the building from vandalism, destruction, deterioration
and trespass prior to removal.
(5) That the expenditures by the Town, pursuant to this section, shall
be deemed as made in the course of repair and improvement of the owner's
premises securable by the filing of a mechanics lien.
(6) That the certification of the Commissioner of Buildings, as to the
amount of such expense as approved or modified by the Town Comptroller
upon audit duly certified to the Town Board, shall be binding upon
the owner.
(7) That the Town shall have a cause of action for the recovery of such
expenses as certified above.
(8) That all of the rights, remedies and privileges in favor of the Town
under such agreement shall be nonexclusive and shall be in addition
to any other rights and remedies of the Town pursuant to law.
(9) That the covenants and provisions of said agreement shall run with
the land.
B. The Town Clerk of the Town of Hempstead shall be the agent of every
applicant upon whom any notices required by this article may be served.
C. No application to include a new premises in the Gasoline Service
Station District shall be granted unless the application submitted
designates the Town Clerk of the Town of Hempstead as such agent for
required notices.
D. Bond. Upon a new application for inclusion in the Gasoline Service
Station District subsequent to an order of revocation, the application
shall be accompanied, in addition to the accompanying papers required
for an initial application, by a bond in the amount of $10,000 to
secure the performance of all terms and conditions on the part of
the owner under the accompanying covenants and agreements. Such bond
shall be in the form required by the Town Board and shall provide,
among other things, that the remedies thereunder shall be nonexclusive
and additional to the remedies under the covenants and agreements
and as otherwise provided by law.
E. Fees upon application. All applications to include a premises in the Gasoline Service Station District shall be accompanied by fees as prescribed in Article
XXVI of this Building Zone Ordinance.
No application for the inclusion of any land in the Gasoline
Service Station District shall be entertained, heard or acted upon
unless such application shall be accompanied by a site plan in conformity
with § 305B, C, D and E of the Building Zone Ordinance and
submitted to the Town Board with such application.
In addition to the requirements of §
338 of this article, the site plan shall show the following:
A. The locations, names and existing widths of adjacent streets and
curblines.
B. A statement that no gasoline service station or existing gas filling
station or battery and tire service station is located within a radius
of 1,000 feet, as measured by airline distance from the nearest points
of lot boundaries.
C. A radius map, drawn to scale, showing all gasoline service stations
or existing gas filling stations or battery and tire service stations
within airline distance of 1,500 feet between the nearest points of
lot boundaries.
D. A copy of existing deed restrictions or covenants applying to the
premises.
F. Existing structures and utilities.
G. The location of all signs.
H. The text of any proposed easements, deed restrictions or covenants.
I. Any contemplated public improvements on or adjoining the property.
J. Any proposed new grades, indicating clearly how such grades will
meet existing grades of adjacent properties or the street.
No application to include any premises in the Gasoline Service
Station District shall be granted unless the Town Board shall review
and approve such site plan. In the course of such review, the Town
Board may, in its discretion, refer the site plan for the purpose
of making an advisory report and recommendation with respect thereto
to any one or more officers, agencies or departments of the Town.
The following provisions shall become applicable upon an order
of revocation pursuant to § 343B of this article:
A. That, upon the filing of the order of revocation in the Town Clerk's
office and notice thereof to the owner by mail, addressed to the subject
premises and to the owner's office and residence and to the address
registered with the Town Clerk by the owner for the purpose of receiving
such notice, the owner shall forthwith cease and desist from the uses
permitted in the Gasoline Service Station District and shall thereafter
remove the building, gas storage tanks, pumps and pump islands at
his own sole cost and expense within 60 days after the date of the
mailing of such notice.
B. That, upon the failure of the owner to cease and desist from such
uses and remove such buildings and appurtenances within the time so
limited, the Town shall have the right of entry upon the owner's premises
without further notice and may remove such buildings and appurtenances
as the agent for and at the expense of the owner.
C. That, upon such entry, the Town may take all steps reasonably necessary
and proper to protect the building from vandalism, destruction, deterioration
and trespass prior to removal by the Town.