[1]
Editor's Note: The Title of this article was changed from
"Gasoline Service Stations" to "Retail Fuel Service Stations" 10-13-2010.
A.
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.
[Amended 12-17-2019]
A gasoline service station shall be permitted in a Business
3 District only when specifically authorized by special permit from
the Town Board after a public hearing, or in the Industrial Corridor
District only when specifically authorized by special permit from
the Planning Board after public hearing.
A.
No accessory uses shall be permitted unless specifically
authorized pursuant to this article.
B.
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:
(1)
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.
(2)
Storage of a maximum number of five registered vehicles,
provided that:
[Amended 4-8-1997]
(a)
The total plot area of the premises allotted
to said storage is not less than 2,000 square feet; and
(b)
The percentage of lot occupancy by the existing
buildings and structures does not exceed 25% of the total lot area:
and
(c)
All areas necessary to ingress and egress are
maintained clear; and
(d)
No violations of the provisions of the ordinance
exist; and
(3)
Convenience market after the issuance of a special
permit from the Planning Board.
[Added 4-8-1997; amended 12-9-1997]
C.
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:
A.
Sale or display of automobiles, boats, trailers or
other vehicles.
B.
Use of bright-colored banners, whirling pennants or
other novelties.
C.
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.
D.
All outdoor storage.
E.
Outdoor repair work.
F.
Outdoor automotive adjustment work.
G.
Auto wrecking or dismantling of motor vehicles.
No building or structure at a gasoline service
station shall exceed 35 feet in height.
[Amended 9-19-2017]
A.
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.
[Amended 4-8-1997]
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.
A.
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."
B.
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.
A.
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.
B.
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.
C.
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.
[Amended 10-13-2010]
A maximum of one fuel dispenser unit will be
allowed for each 75 feet of frontage along any highway.
[Added 1-14-2003]
B.
In no case may a canopy sign face towards an adjacent
residential zone or use.
C.
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.
D.
Canopy faces shall not be backlit nor contain any
other form of illumination. This shall not include permitted canopy
signs.
E.
Canopy fascia shall be of uniform color, except for
the canopy sign.
F.
Canopies shall not exceed 22 feet in building height.
[Added 7-20-2021]
C.
Width. Entrances and exits shall be at least 10 feet
wide.
[Amended 9-15-2020]
D.
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.
A.
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.