[Added 5-24-1994 by L.L. No. 6-1994]
Gasoline service stations are a necessity for
the continued economic function of the Town. However, responsible
legislation is necessary to properly integrate such stations into
the local community and the Town's land use patterns and to regulate
station development and design to preserve and advance the public
health, safety and welfare. The Town Board seeks to regulate the location,
design and use of current and future gasoline service stations. The
regulations are intended to conserve property values, create a more
attractive and effective economic and business climate, prevent blight,
encourage the most appropriate use of current and future gasoline
station sites, improve the aesthetic environment of the Town and fully
integrate gasoline service stations into the community.
As used in this article, the following terms
shall have the meanings indicated:
Products directly related to the maintenance of vehicles
designed and/or employed, in whole or in part, for travel upon public
and private roadways, such as oil, transmission fluid, brake fluid,
polish, wax, fuel additives and treatments, wipers, tires, batteries,
windshield wiper fluid, cleaning fluids and/or substantially similar
items.
An establishment offering the retail sale of household consumer
merchandise. The maximum size for a convenience store shall be no
larger than 3,000 square feet or such smaller size as the Planning
Board determines is suitable to the subject property and surrounding
community.
[Amended 7-13-2022 by L.L. No. 13-2022]
An area on a structure which is properly designed and constructed
where customers of the establishment may conduct business transactions
or purchase food items for the purpose of consumption off premises
from their motor vehicles.
[Added 7-13-2022 by L.L. No. 13-2022]
A location at which a single vehicle may be fueled from a
product dispenser. The number and precise location of "fueling positions"
presented on any site plan shall be determined by the Planning Board.
Any establishment in which the sale or storage of automotive
fuel is the principal activity and/or constitutes a substantial or
significant portion of the goods offered and/or services rendered.
A building no larger than 10 feet in height and 144 square
feet in floor space which is employed exclusively for the retail sales
transaction of automotive fuel, kerosene and automotive accessory
items and/or storage. If a "kiosk" constitutes the principal building
on site, a maximum size of 300 square feet of floor space may be constructed.
As employed in this article, designated as any roadway possessing
a state and/or county route number. A roadway possessing a state and/or
county route number for a portion of its course shall be considered
a "major commercial thoroughfare" only with regard to such portion.
Aside from the sale of automotive fuel, kerosene and automotive
accessory items, incidental maintenance of a vehicle, such as the
addition of vehicular fluids, replacement of wiper blades or substantially
similar activity.
A device which dispenses automotive fuel and/or kerosene.
A "product dispenser" may contain multiple hoses or be capable of
serving more than one fueling position simultaneously.
A building or portion thereof, other than a private garage,
designed or used for equipping, repairing, renting, parking or storing
motor vehicles.
A concrete platform measuring a minimum of six inches in
height from the paved surface on which product dispensers are located.
[Amended 1-20-2010 by L.L. No. 1-2010]
A.
No premises
may be employed as a gasoline service station except in conformance
with this article.
B.
There
is hereby established a Gasoline Service Station Overlay District,
superimposed on parcels which meet the following criteria:
(1)
The
parcel is located along one of the following major commercial thoroughfares:
NYS Route 109, NYS Route 110 or NYS Route 27.
(2)
The
underlying zoning classification for the parcel is E, Ea, Eb, G, Ga,
GB and/or H.
(3)
The
parcel possesses the minimum lot area required for the zoning district
in which the parcel is located.
(4)
The
parcel located at intersections along major commercial thoroughfares
possesses a minimum street frontage of 100 feet along the abutting
major commercial thoroughfare and 75 feet along any other abutting
thoroughfare.
(5)
A
parcel located at mid block along major commercial thoroughfares possesses
a minimum of 125 feet of frontage.
(6)
The
parcel does not exist within 2,000 feet of a parcel containing a currently
operating gasoline station, a parcel which has been formerly employed
as a gasoline station and which may still enjoy any right to reopen
as such or for which a building permit for the construction of a gasoline
service station has been issued and remains in effect. However, an
exception shall exist for parcels existing on other corners of the
same intersection.
(7)
The
parcel may not adjoin any residential-zoned parcel or a parcel that
contains a residential use.
A.
Any parcel employed as a gasoline service station
shall be prohibited from conducting any use and/or operation except:
(1)
The storage and retail sale of automotive fuel and
kerosene.
(2)
The retail sale of automotive accessory items.
(3)
Minor repairs.
(4)
The retail sale of over-the-counter consumer merchandise
which shall be limited to 12 square feet of display area.
(5)
A secondary use(s) duly approved as a special exceptions.
B.
Further, in addition to other nonpermitted uses, the
following activities shall be strictly prohibited on any parcel containing
a gasoline service station:
(1)
The sale, lease, storage or display of new or used
vehicles. However, the outdoor storage of a vehicle awaiting minor
repairs is permissible in designated areas for a period of not more
than 24 hours.
(2)
Outdoor storage and/or display of new and/or used
automobiles, boats, automobile parts or other merchandise except for
small sample displays of automotive accessory items, not including
batteries or tires located adjacent to the principal building or on
the pump islands.
(3)
Any outdoor use involving fire, sparks or a high level
of heat, or any use involving fuel from portable fuel tanks.
(4)
The sale and/or display of any merchandise out of
a trailer or truck.
(5)
Junkyards and/or parts scavenging services.
(6)
Outdoor storage and/or display of vending machines,
except those located directly adjacent to the walls of the principal
building. A total number of four vending machines shall be permitted
per site. Vending machines shall not include public telephones, volumes
and/or air dispensers.
A.
Secondary uses(s) shall be permitted only as a special exception granted pursuant to § 213-13. Such secondary uses shall be limited to:
(1)
Public garages, as duly granted by the Zoning Board
of Appeals.
(2)
Facilities for washing and/or waxing vehicles, as
duly granted by the Planning Board.
(3)
Convenience stores, as duly granted by the Planning
Board.
(4)
Drive-thru service window, as duly granted by the Planning Board
and subject to the following conditions and restrictions:
[Added 7-13-2022 by L.L. No. 13-2022]
(a)
Should the Planning Board approve the use of a drive-thru service
window, then no other secondary uses shall be permitted at the subject
site, except for a convenience store.
(b)
Drive-thru service windows shall not be permitted when a parcel abuts
a residentially zoned parcel or parcel utilized for residential uses.
(c)
Only one canopy or awning shall be permitted in connection with a
drive-thru service window, located at the point of pickup, which shall
not exceed 25 square feet. Any other canopy or awnings associated
with a drive-thru service window shall be prohibited.
(d)
The applicant must provide sufficient evidence, to the satisfaction
of the Planning Board, that the site can properly accommodate necessary
queueing required for a drive-thru service window.
B.
In order to apply to conduct one or more secondary
uses on any new gasoline service station, such gasoline service station
must contain a minimum lot area of 12,500 square feet. In the case
of four existing gasoline service stations which contain a minimum
lot area of less than 12,500 square feet, but more than 7,500 square
feet, any application to conduct a secondary use shall be limited
to one secondary use.
C.
The Zoning Board of Appeals and the Planning Board
shall have the authority to impose such reasonable conditions and
restrictions as are related to and incidental to the proposed special
exception use(s). Such conditions shall be consistent with the spirit
and intent of this chapter and shall be imposed for the purpose of
minimizing any adverse impact such relief may have on the neighborhood
or community, and to protect, preserve and advance the intent of this
chapter.
Any parcel within the Gasoline Service Station
Overlay District Zone must conform to the following restrictions:
A.
There shall be a front yard along each thoroughfare.
There shall be a rear yard, which shall be designated as the yard
opposite the major commercial thoroughfare. Each other yard shall
be designated a side yard.
B.
There shall be a minimum front yard setback of 15
feet along each front yard, with the exception of canopies, which
must be set back a minimum of 10 feet.
C.
There shall be a minimum side yard and rear yard setback
of 10 feet for each side yard and each rear yard. However, if the
parcel borders a residential district or property employed for residential
use, there shall be a minimum side yard or rear yard setback of 25
feet along each such side yard and/or each rear yard.
D.
No building shall be greater than one story or 25 feet in height. No structure shall be greater than 20 feet in height, exclusive of freestanding ground signs to which the provisions of Article XXXIII shall apply.
E.
The principal building shall occupy no more than 15%
of the lot. If a secondary use is performed on the site, the principal
building shall occupy no more than 25%. There shall be a total building
area limit of 30%. However, the area covered by any canopy shall not
be included, provided that the canopy covers only the pump islands,
product dispensers, fueling positions, kiosk and/or the area between
the fueling positions and the principal building.
F.
Fuel tanks shall be set back a minimum of 10 feet
from any building and/or structure, including the product dispensers
and pump islands. Fuel tanks shall be set back a minimum of 15 feet
from any property line and/or any right-of-way.
G.
All product dispensers shall be setback a minimum
of 20 feet from any other product dispenser located on parallel pump
islands, as well as from the primary building and any building containing
any secondary use. Such distance shall be measured from pump island
to parallel pump island, and from pump island to the curbing surrounding
the building or to the building itself, whichever is nearer. However,
product dispensers need only be set back four feet from a kiosk located
on the same pump island.
H.
All product dispensers shall be located a minimum
of 20 feet from all product dispensers located along the same line
of vehicular flow. Such distance shall be measured from center of
product dispenser to center of product dispenser.
I.
If kerosene is sold on premises, the service pump
dispensing kerosene shall dispense kerosene and/or diesel fuel only.
A.
The minimum landscaped area shall be a ten-foot wide suitably planted strip running along the front yards of the site. The Planning Board shall have authority to waive or reduce the requirement in approving any site plan, provided that an equivalent area is added to landscaping elsewhere and not otherwise required on site, and the Planning Board finds that such action would further the interests of this chapter and Chapter 186, Site Plan Review.
B.
There shall be a planted buffer along the border with
any parcel zoned or employed for residential purposes. The planted
buffer shall be a minimum of 10 feet wide and shall contain evergreens
which are at least six feet in height when planted and set approximately
six feet apart. There shall also be a six-foot-high fence of type
and design as set by the Planning Board during site plan review. However,
if fencing is placed within 20 feet of any right-of-way, said fencing
shall be four feet in height and said evergreens planted and maintained
at four feet in height.
A.
Driveways shall be offset a minimum of 25 feet from
grading or point of intersection with any right-of-way and offset
10 feet from any adjourning property at the curbline.
B.
A parcel which contains no secondary uses shall provide
one parking space for each 200 square feet, with a minimum of three
parking spaces. A parcel which contains a convenience store shall
provide one parking space for each 200 square feet, with a minimum
of four parking spaces. A parcel which contains a public garage shall
provide one parking space per 200 square feet, with a minimum of five
parking spaces. A parcel which contains a convenience store and public
garage shall provide one parking space per 200 square feet, with a
minimum of six parking spaces. A fully automated car wash shall not
require any additional on-site parking. However, a fully automated
car wash must provide vehicular stacking spaces in number and layout
deemed appropriate by the Planning Board, but in no event fewer than
two spaces outside the entrance.
C.
There shall be a minimum of one driveway per front
yard and a maximum of two driveways per front yard and four driveways
per site. Any one-way driveway shall be 14 feet in width.
There shall be at least one full-service fueling
position for each grade of gasoline or other alternative fuel offered.
Said full-service fueling position shall be operated solely by station
employees, shall be suitably identified and shall be open from 7:00
a.m. through 7:00 p.m., unless the station opens later or closes earlier,
in which case full service shall be offered from the time the station
opens or until the station closes, respectively.
Any and all lighting shall be designed to shine
away from any other property and/or be suitably shielded. No more
than one footcandle from any and all lighting shall intrude into residentially
zoned or employed property measured 10 feet onto the residentially
zoned or employed property.
The following criteria shall exist as additional
requirements on any sign erected or maintained in any gasoline service
station:
A.
The price/grade signs must at all times accurately
reflect the actual price of automotive fuel and kerosene being offered
for sale.
B.
Signs bearing the corporate insignia and/or brand
name of the gasoline sold and/or type of services available on site
(i.e., full-service and/or self-service), shall be the only signs
permitted on the canopy.
C.
Signs affixed to or incorporated into the canopy shall
not face residentially zoned and developed properties.
D.
One additional sign, measuring no larger than 24 inches
by 24 inches or four square feet, and having a depth of no more than
one inch, shall be allowed at each product dispenser which identifies
said product dispenser and/or pump island as providing full service
and/or self-service.
A.
A parcel employed as a gasoline service station and which meets the following criteria, but does not satisfy the criteria specified in § 213-421, may only be altered, reconstructed and/or modified pursuant to a special nonconforming alteration permit issued by the Zoning Board of Appeals. Such permit shall be issued if the Zoning Board of Appeals finds the following:
(1)
The underlying zoning classification for such parcels
is E, Ea, Eb, G, Ga, GB and/or H;
(2)
The parcel is located at an intersection along a major
commercial thoroughfare or is located mid-block and possesses a minimum
of 125 feet of frontage along the major commercial thoroughfare;
(3)
The parcel is not less than 7,500 square feet in area
and located at an intersection along a major commercial thoroughfare
or possesses 10,000 square feet and is located mid-block along a major
commercial thoroughfare;[1]
[1]
Editor's Note: Former Subsection A(4), dealing
with a parcel possessing a minimum street frontage of 70 feet, which
subsection immediately followed this subsection, was repealed 11-29-1994
by L.L. No. 30-1994. This local law also provided for the renumbering
of former Subsection A(5) through (9) as Subsection A(4) through (8),
respectively.
(4)
The parcel remains of a size, shape and location as
to reasonably accommodate the use thereof as a gasoline service station
and any proposed secondary use;
(5)
The use as a gasoline service station and any proposed
secondary use will not prevent the orderly and reasonable use of adjacent
properties or of properties in adjacent use districts;
(6)
The use as a gasoline station and any proposed secondary
use will not prevent the orderly and reasonable use of permitted or
legally established uses in the district wherein the proposed use
is to be located or of permitted or legally established uses in adjacent
use districts;
(7)
The safety, health, welfare, comfort, convenience
or order of the Town will not be adversely affected by the proposed
use as a gasoline station and any proposed secondary use and its location;
and
(8)
The use as a gasoline station and any proposed secondary
use will be in harmony with and promote the general purposes and intent
of this chapter.
B.
The Zoning Board of Appeals shall have the authority
to impose such reasonable conditions and restrictions as are related
to and incidental to the proposed use of the property as a gasoline
service station and any proposed secondary use. Such conditions shall
be consistent with the spirit and intent of this chapter and shall
be imposed for the purpose of minimizing any adverse impact such relief
may have on the neighborhood or community, and to protect, preserve
and advance the intent of this chapter.
A.
Should the use of any parcel as a gasoline service
station in a Gasoline Service Station Overlay District cease or be
discontinued for six months or more or be abandoned for 30 days or
more, the parcel's underlying zoning classification shall be deemed
operative.
B.
Any building and/or structure related to the use as
a gasoline service station, including but not limited to fueling dispensers,
storage tanks, freestanding ground signs, canopies and kiosks, shall
be removed within 30 days after such cessation or discontinuance.
However, such shall not be deemed to require the removal of any building
and/or structure which may be converted to a legal conforming use,
provided that such conversion is significantly initiated within 30
days of cessation or discontinuance and is completed within six months.
An extension of the time frames set forth in this subsection, not
to exceed an additional one year, may be granted by the Zoning Board
of Appeals for good cause shown.
A.
Should the nonconforming use of any parcel as a gasoline
service station cease or be discontinued for six months or more or
be abandoned for 30 days or more, such nonconforming use shall be
deemed to have expired and may not be reinstated.
B.
Any building and/or structure relating to the use
as a gasoline service station, including but not limited to fueling
dispensers, canopies, storage tanks, freestanding ground signs and
kiosks, shall be removed within 30 days as to such cessation or discontinuance.
However, such shall not be deemed to require the removal of any building
and/or structure which may be converted to a legal conforming use,
provided that such conversion is significantly initiated within 30
days of cessation or discontinuance and completed within six months.
An extension of the time frames set forth in this subsection, not
to exceed one year, may be granted by the Zoning Board of Appeals
for such causes shown.
C.
Any building or structure which has been damaged by
fire or other cause to the extent of more than 50% of its value, exclusive
of foundations, or 50% of its total building area shall be repaired
or rebuilt only in conformity with the regulations of this chapter
and the Building Code and all other applicable laws, rules and regulations.
A.
The provisions of this article are severable. If any
clause, sentence, paragraph, section, word or part of this article
shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder
thereof but shall be confined in its operation to the clause, sentence,
paragraph, section, word or part thereof directly involved in the
controversy in which such judgment shall have been rendered. The invalidity
of any word, clause, sentence, paragraph, section or part of this
article shall not affect the validity of any other part of this article
which can be given effect without such invalid part or parts.
B.
If any portion of this article is found to be in conflict
with any other provision of any other local law or ordinance of the
Code of the Town of Babylon, the provision which establishes the higher
standard shall prevail.
