Editor's Note: The Title of this article was changed from "Gasoline Service Stations" to "Retail Fuel Service Stations" 10-13-2010.
Location. No gasoline service station premises shall be permitted to locate within 200 feet of a school, playground, recreation center, public library, or church, except as hereinafter provided.
Exceptions. A gasoline service station premises may be located within 200 feet of the uses enumerated in Subsection A, provided:
A gasoline service station shall be permitted in a Business 3 District only and only when specifically authorized by special permit from the Town Board after a public hearing.
No accessory uses shall be permitted unless specifically authorized pursuant to this article.
The following uses, supplying goods and services generally required in the maintenance and operation of motor vehicles, are deemed accessory to a gasoline service station and shall be permitted, provided that the requirements of this article are met:
Sale of products required in the maintenance and operation of motor vehicles, provided all storage of said products and all display of said products are confined entirely to the interior of a building or buildings located on said premises.
Storage of a maximum number of five registered vehicles, provided that:
The total plot area of the premises allotted to said storage is not less than 2,000 square feet; and
The percentage of lot occupancy by the existing buildings and structures does not exceed 25% of the total lot area: and
All areas necessary to ingress and egress are maintained clear; and
No violations of the provisions of the ordinance exist; and
Convenience market after the issuance of a special permit from the Planning Board.
[Added 4-8-1997; amended 12-9-1997]
Exceptions. New and reconditioned tires, batteries and lubrication items may be displayed outside during the times when said gasoline service station shall be open for business, provided same are displayed in movable or enclosable cabinets or racks designed for the display of said merchandise.
The following uses are prohibited at premises whereat a gasoline service station is located:
Sale or display of automobiles, boats, trailers or other vehicles.
Use of bright-colored banners, whirling pennants or other novelties.
Use of floodlighting and all other external neon lighting after 10:00 p.m., other than necessary for the operation of the gasoline service station. Flashlighting shall be prohibited at all times.
All outdoor storage.
Outdoor repair work.
Outdoor automotive adjustment work.
Auto wrecking or dismantling of motor vehicles.
No building or structure at a gasoline service station shall exceed 35 feet in height.
A retail fuel service station shall not occupy more than 25% of the total lot area, including accessory buildings, however, excluding permanent canopies over fuel dispensers.
The minimum required lot area for a gasoline service station shall be 40,000 square feet.
The minimum width of lot for a gasoline service station shall be 100 feet throughout.
The minimum front yard setback for all structures whereat a gasoline service station is to be located shall be the minimum setback requirements as established in the area or along the highway in question, and in no case less than 25 feet. Gas pumps are included in the term "structure."
Exception. The Town Board, upon application therefor at the public hearing for approval of the use or location of a gasoline service station, may authorize less setback than otherwise required and may impose appropriate conditions thereon.
All buildings or structures hereafter erected at premises whereat a gasoline service station is to be located shall have a side yard along each lot line other than a street or rear line. The sum of the width of the two side yards shall be 20 feet, with a minimum width of either of such yards of 10 feet. The required side yards shall remain open and unobstructed.
Side yard transition. Wherever any side of a plot whereat a gasoline service station shall be located abuts a plot or plots in one or more use districts other than Business 3 Districts, then the minimum required side yard for all main buildings whereat the gasoline service station shall be located shall be equal to the more restrictive side yard so abutted.
Accessory buildings. Accessory buildings shall have a minimum side yard of 10 feet.
No encroachments are permitted except cornices, eaves, gutters and chimneys projecting not more than 24 inches.
A maximum of one fuel dispenser unit will be allowed for each 75 feet of frontage along any highway.
In no case may a canopy sign face towards an adjacent residential zone or use.
All underside canopy lighting shall be recessed or shielded so as to illuminate only that area beneath the subject canopy. Underside canopy lights shall not be visible from neighboring properties and adjacent rights-of-way.
Canopy faces shall not be backlit nor contain any other form of illumination. This shall not include permitted canopy signs.
Canopy fascia shall be of uniform color, except for the canopy sign.
Width. Entrances and exits shall be at least 10 feet and not more than 25 feet wide and shall communicate directly with the street.
Distance. Entrances and exits shall not be closer than 25 feet to the corner of the property, except 10 feet on an interior lot. Where there is a pie-shaped or rounded corner, the distance shall be measured from the point of tangency of the property line with the curve of the corner, and a minimum distance of 15 feet is required in place of 25 feet.
Off-street parking and self-contained drainage. Hard-surfaced off-street parking with self-contained drainage shall be installed and maintained in accordance with the provisions of Article XXXI. Such parking shall be designed to accommodate the traffic.
Sidewalks. Sidewalks shall be installed along all street frontages in accordance with Article XXXI.