[HISTORY: Adopted by the Board of Trustees of the Incorporated Village
of Bellerose: Art. I, 11-12-1945 by Ord. No. 47;
Art. II, 5-10-1982 by L.L. No. 1-1982,
amended in its entirety 12-14-1992 by L.L. No.
3-1992. Subsequent amendments noted where applicable.]
[Adopted 11-12-1945 by Ord. No. 47]
No person or corporation shall operate or maintain within the Incorporated
Village of Bellerose any public garage, automobile service station or gasoline
filling station without a license previously issued therefor by the Board
of Trustees of the Incorporated Village of Bellerose.
Every application for a license under this article shall be in writing,
shall state with particularity the true name of the person or persons owning
and operating such business, the place where it is to be operated, the quantity
of gasoline or other inflammables which are intended to be stored, the locations
of the tanks or other receptacles in which it is to be stored and the provisions
which are to be made for the prevention of fire or explosions.
Every such application shall also be accompanied by the written consent
of 60% in number of the owners of all property situated within 300 feet of
such garage, service station or filling station.
Every such license shall be in writing and shall be signed by the Mayor
or Acting Mayor. No license issued hereunder shall be transferable. Any licenses
issued hereunder may be revoked by the Board of Trustees for due cause shown.[1]
[1]
Editor's Note: By resolution adopted 12-8-1969, the Board of
Trustees established a nonreturnable fee of $5 for a permit issued pursuant
to this article.
Every public garage, automobile service station or gasoline filling
station and its equipment shall be constructed, installed, maintained and
operated in such manner as to comply with the regulations of the National
Board of Fire Underwriters and the rules and regulations of the Board of Trustees
of the Village.
A.
Any persons violating the provisions of this article
or any part thereof shall be liable for and forfeit and pay a penalty of not
exceeding $100 for each offense.
B.
Any violation of this article or any part thereof shall
constitute disorderly conduct, and the person violating the same shall be
and hereby is declared a disorderly person.
[1]
Editor's Note: Pursuant to L.L. No. 1-1976 which established
the Code, the provisions of this article were originally designated as Ch.
82.
No gasoline service station lawfully in existence on the effective date
of this section shall install and use coin- or credit-card-operated, self-service
or customer-operated dispensing pumps without obtaining a permit issued by
the Board of Trustees after a public hearing.
A gasoline service station granted a permit shall be subject to such
other lawful conditions as may be imposed by the Village Board of Trustees,
which conditions shall be embodied in a covenant signed by the applicant and
recorded at the expense of the applicant in the office of the Clerk of the
County of Nassau County. Such conditions shall include, unless exempted by
the Board of Trustees, the following:
A.
That all fire suppression and fire prevention devices
shall be installed in accordance with the requirements of and subject to the
approval of both the Nassau County Fire Marshal and Bellerose Village Fire
Department. Such systems shall, to the extent most practicable and functional,
be enclosed within the canopy or similar aesthetically acceptable structure.
B.
That there shall be no overnight storage of motor vehicles
or trailers on the premises outside the building.
C.
That all lighting shall be directed so as to illuminate
only the site and shall not cause any annoyance or interference by substantial
transgression of illumination on adjoining properties.
D.
That the operator of the station shall provide appropriate
automobile window cleaning devices and air pump(s) for use by patrons at no
charge.
E.
That the operator of the station shall have available
for sale to customers motor oil, transmission fluids and windshield cleaning
solvents.
F.
That the operator of the station shall provide full service,
and gasoline at self-service price, to all automobiles with handicapped license
plates, between the hours of 8:00 a.m. and 8:00 p.m.
G.
That the operator of the station shall offer full service
for the dispensing of gasoline between the hours of 8:00 a.m. and 8:00 p.m.
H.
That such facility shall conform to all zoning requirements
except as the Board of Appeals may, on application by the owner or operator,
in its discretion, vary or modify.
I.
That no trash or refuse shall be stored or kept on the
site except where permitted by the Board of Trustees.
J.
That the station shall be supervised by the owner or
an employee of the owner on the premises at all times when the station is
open for operation.
The premises shall be used solely for the sale of gasoline, oil and
other products and services directly related to the use and operation of a
truck, motorcycle or automobile. The Board of Trustees may, upon application
for a special permit, grant such other uses for a limited period, not to exceed
12 months, as it shall deem appropriate. The application fee and fee requirements
of such application shall be set by the Board of Trustees from time to time
by resolution. Use of the premises as a food mart, convenience store or any
other similar operation shall be prohibited.
