[HISTORY: Adopted by the Town Board of the Town of Greenburgh 2-27-1991
by L.L. No. 9-1991. Amendments noted where applicable.]
[Amended 11-12-1997 by L.L.
No. 11-1997]
There is a profusion of gasoline service stations within the Town. Many
of these gasoline service stations include unrelated uses which may create
undue noise and substantial fire and traffic hazards which may create a menace
to the health, safety and welfare of persons and property within the Town.
This chapter intends to regulate gasoline service stations and private pumping
stations within the Town in order to mitigate such potential hazards.
The following words and terms used in this chapter shall have the meanings
indicated:
The dismantling or disassembling of motor vehicles or trailers or
the storage, sale or dumping of dismantled, partially dismantled, obsolete
or wrecked vehicles or their parts.
Any area of land, including structures thereon, or any building or
part thereof that is used for the sale of automotive fuel, related petroleum
products and other motor vehicle accessories, and which may or may not include
facilities for washing, lubricating or otherwise servicing motor vehicles,
but not including the painting thereof by any means.
[Amended 11-12-1997 by L.L.
No. 11-1997]
An area in the principal building of a gasoline service station dedicated to the sale of prepackaged foods, unpackaged baked goods available by self-service means only, sundries and convenience items as an accessory use to gasoline service stations. The maximum gross floor area for a gas station convenience store shall be 800 square feet unless permitted by special permit issued by the Town Board pursuant to § 285-36O of the Zoning Ordinance. Gasoline station convenience stores shall only be allowed as an accessory use to a gasoline service station as provided for in § 285-36 of the Zoning Ordinance, and in this chapter.
[Added 11-12-1997 by L.L.
No. 11-1997]
General repair, rebuilding, replacing or reconditioning of engines,
motor vehicles or trailers; collision service, including body and fender repair,
and frame straightening; painting or upholstering; and vehicle steam cleaning
and undercoating.
Minor repairs of an emergent nature, incidental replacement of parts
and motor service to passenger automobiles and trucks not exceeding 1 1/2
tons' capacity, but not including any operation specified under major automobile
repair, hand car washing and auto-detailing (i.e., interior and/or engine
cleaning).
A commercial facility or private residence where gasoline or other
flammable liquids are kept and dispensed primarily for use in motor vehicles.
A structure or portion thereof, other than a private or community
garage, used for storage, sale, hire or repair of motor vehicles.
No person shall establish, maintain or operate a gasoline service station
or a private pumping station without first having obtained a permit from the
Building Inspector.
A.
Each application for a permit shall be made to the Building
Inspector on forms supplied by him and shall include but not be limited to
the following: the name and location of the station; the name and address
of the lot owner; the name and address of the owner of the station; the name
and address of the agent or manager who will operate the station; the name
and address of the oil company which supplies the greatest percentage of petroleum
products to the station; the number and type of petroleum fuel storage tanks;
a detailed description of the types of business the station will transact;
and the auxiliary fire-fighting apparatus available.
B.
The application shall also include a site plan of the
lot showing the location of the principal and accessory buildings, fuel pumps,
tire racks, paved areas, yard signs and fuel storage tanks.
C.
All permits issued shall expire on December 31 of every year. Permits may be renewed subject to the same requirements set forth above in § 370-4A.
D.
For each application or renewal application submitted,
the applicant shall pay an application fee to be set by the Town Board by
resolution.
A.
The Building Inspector shall not issue a permit until
he has determined that the subject station conforms to the provisions of this
or any other chapter of the Town Code.
B.
If a station fails to conform to the provisions of this
or any other chapter of the Town Code, the Building Inspector shall notify
the applicant, in writing, of the deficiencies found.
(1)
If the deficiencies are of such a nature that they constitute
an immediate and serious threat to the health and safety of people and/or
property, he shall order the applicant to cease operations until the deficiencies
have been corrected.
(2)
If the deficiencies are of such a nature that they do
not constitute an immediate and serious threat to the health and safety of
people and/or property, he may, in his discretion, issue a temporary permit
pending rectification of the deficiencies. Said temporary permit shall be
valid for a period of time to be set by the Building Inspector, but in no
case shall it be valid for more than one year.
No pump, pipe or other device for distributing or conveying gasoline
or other flammable liquid shall be installed or maintained in, upon or above
any public street or any portion thereof, including sidewalk area. Any such
pump, pipe or device heretofore or hereafter installed or constructed in,
upon or above any public street or any portion thereof, including sidewalk
area, may be ordered removed by the Building Inspector. Pumps, pipes and other
devices shall be so located that motor vehicles being serviced do not obstruct
any portion of a public way or sidewalk.
A.
That area of a station which is used or occupied by motor
vehicles shall be paved with blacktop or other approved hard-surface pavement
and shall be kept clean, safe and inoffensive at all times. No rubbish, discarded
or used materials or articles shall be permitted to accumulate thereon.
B.
Lighting fixtures shall be supported on aluminum or other
rustproof standards, the height, color and design of which shall be approved
by the Building Inspector.
A.
A gasoline service station shall not be used at any time
for automobile wrecking.
B.
It shall be unlawful to carry on, conduct or make major
automobile repairs on any gasoline service station site unless the same are
carried on, conducted or made inside of a building used as a public garage
erected upon or adjacent to said site.
C.
A gasoline service station shall not:
D.
No more than four pennants or flags, each measuring a
maximum of five feet by eight feet, may be displayed at any time upon any
portion of the gasoline service station site or upon any buildings erected
thereon. Additionally, the top of any flagpole used for displaying a pennant
or flag may be no more than 30 feet from the ground.
A.
Underground gasoline tanks or other underground tanks
formerly containing flammable liquids which have been discontinued from service
shall be totally removed from the gasoline service station site. In lieu thereof,
said tanks may be filled with sand or concrete, provided that written approval
of the Building Inspector is first obtained.
B.
In the event of the discontinuance of a business for
which a station permit has been issued, the permittee shall notify the Building
Inspector of his intention to discontinue such business not less than 72 hours
before the time such discontinuance takes effect.
C.
Not more than two motor vehicles currently being repaired
for each 25 feet of street frontage shall be parked or stored overnight outside
on the premises of a gasoline service station. If said service station is
situated on a corner lot, the word "frontage" shall mean either but not both
sides of such corner lot. In no event shall the operator of a gasoline service
station permit the outdoor parking or storage of wrecked, abandoned or unregistered
motor vehicles on the service station site.
D.
Not more than one outside tire rack, of dimensions not
to exceed four feet by 15 feet by 10 feet, shall be permitted upon any gasoline
service station site. All new, recapped, used or display tires which are outside
of the principal or accessory gasoline service station buildings shall be
placed in said tire rack. No advertising sign shall be affixed to the tire
rack except one sign stating the trade or brand name of the tires being offered
for sale, the dimensions of which shall be approved by the Building Inspector.
A.
Any violation of the provisions of this chapter shall,
upon conviction, be punished by a fine of not more than $500 and/or imprisonment
not to exceed three months. Each day the violation continues shall constitute
a separate offense.
B.
A second and subsequent conviction for the same offense
shall be a misdemeanor and punishable by a fine of not more than $1,000 and/or
imprisonment not to exceed six months. Each day the violation continues shall
constitute a separate offense.
