[Effective 4-14-1974]

This article shall be known and cited as the "Gasoline Service Station Article."

The gasoline service station has become a matter of grave concern to the people and government of the Town of Hempstead. The concern embraces existing and new stations. Current land use controls as practiced have proved inadequate to prevent excess of service station construction, of uses therein, of visual pollution and of abandonment of stations. In combination, these abuses threaten blight for the station themselves, the areas surrounding the station and the Town as a whole. Blight, then, is to be both cured and prevented.

Its status is thus nearly that of a public utility. Its special regulation is, therefore, warranted when its operations conflict with the burden of responsibility placed upon this Town Board by the statutes of the state in the field of land use. The Board, therefore, seeks to formulate a systematic planning approach to the location, design and use of gasoline service stations.

In so doing, it posits the compatibility of the state's Zoning Enabling Act and the control methods hereby promulgated. Compatibility is founded in new comprehensions of the Town's basic power over land use. New concepts involve social amenity, aesthetics, economic safety and public safety in keeping with the rising public expectation that the function of government is to cope with public problems.

It is intended, therefore, to conserve property values, create a more attractive economic and business climate and encourage the most appropriate use of land throughout the Town. Thereby, the public health, safety, morals, general welfare and amenity of the Town of Hempstead will be protected and promoted.

In interpreting and applying the provisions of this article, the rule of interpretation applicable to remedial legislation shall be used so that the spirit and intent of this article shall be observed.

If any clause, sentence, section, paragraph or provision of this article shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this article, but shall be confined in its operation to the clause, sentence, section, paragraph or provision directly involved in the controversy in which said judgment shall have been rendered.

In addition to the definitions in this Building Zone Ordinance, the following special definitions are applicable to this article. In the event of conflict, the following definitions shall be controlling:

CLOSED GASOLINE SERVICE STATION - A gasoline service station not open for normal business operation for a period of 30 consecutive days without Town Board approval upon written application.

CORNER SITE - A site at the intersection or junction of two or more streets, or of a street and lane which is not less than 20 feet in width.

DISCONTINUED GASOLINE SERVICE STATION

A. A gasoline service station, as defined in this article and permitted by the Town Board after the effective date of this article, which has become closed and which, after closing, has been adjudicated by the Town Board to have been discontinued pursuant to the provisions of § 343A of this article;

B. An existing gas filling station or battery and tire service station approved prior to the effective date of this article as a special exception by the Town Board, which has become closed, and which, after closing, had been adjudicated by the Town Board to have been discontinued pursuant to the provisions of § 343A of this article;

C. An existing gas filling station or battery and tire service station in existence at the original effective date of the Building Zone Ordinance and continuing thereafter as a nonconforming use which has become closed, and which, after closing, has been adjudicated by the Town Board to have been discontinued pursuant to the provisions of § 343A of this article; or

D. A gasoline service station or a gas filling station or a battery and tire service station which has become closed and where the buildings and structures have been sealed in accordance with Chapter 90 of the Code of the Town of Hempstead.

GASOLINE SERVICE STATION - An establishment in which the principal activity is the storage and retail sale of gasoline, oil, grease and other petroleum products related to the servicing of motor vehicles. A "gasoline service station" shall be deemed to exclude the following:

A. Major repairs, except those performed within the principal building.

B. Outdoor stationary lifts and pits.

C. Vending machines, except those within the principal building or within four feet from an exterior wall of the principal building.

D. Sale, lease, rental, storage or display of new or used motor vehicles.

E. Commercial parking.

F. The storage of motor vehicles for a period in excess of 24 hours unless the motor vehicle is enclosed in the principal building or the storage of vehicles incapable of self-propulsion out of doors at any time.

G. Displays of merchandise outside the principal building except for small sample displays at the pump islands of new tires, lubricating oils, additives, waxes, polishes, windshield wiper blades and similar small items.

MAJOR REPAIRS - Major repairs permissible at a gasoline service station, including those normally accessory and incidental to the day to day operations of motor vehicles, but shall not include body and fender repair, collision work or painting.

MINOR REPAIRS - Minor repairs permissible at a gasoline service station, including those normally accessory and incidental to the day-to-day operation of motor vehicles and to the principal activity and performed within the principal building.

A. In the event of a conflict between the provisions of this article and other provisions of the Building Zone Ordinance, the provisions of this article shall control.

B. In the event of a conflict between the provisions of this article and the provisions of Chapter 132 of the Code of the Town of Hempstead (Flammable and Combustible Liquids), the provisions of this article shall control.

There is hereby established a Gasoline Service Station District. Such District shall be a superimposed use district. In the Gasoline Service Station District, buildings and structures may be erected, altered or used and lots or premises may be used in accordance with the provisions of this article, and not otherwise.

A. Uses. A building or structure may be erected, altered or used and a lot or premises may be used for any of the following purposes, and for no other:

(1) A gasoline service station and accessory structures and appurtenances such as gasoline pumps and storage tanks.

(2) Major repairs when performed within the principal building.

(3) Minor repairs.

(4) Parking and storage areas as specified in this article.

(5) Signs as specified in this article.

(6) Display of merchandise as specified in this article.

(7) Retail sale of products other than gasoline, oil, grease and other petroleum products related to the servicing of motor vehicles when specifically permitted by the Town Board in addition to the uses allowed under Subsection B(1) through (6), inclusive, of this section. [Effective 6-10-1979]

B. Proximity and location. No gasoline service station shall be erected or operated closer than 1,000 feet, as measured by airline distance, from the nearest points of lot boundaries from:

(1) A gasoline service station as defined in this article and permitted by the Town Board after the effective date of this article;

(2) An existing gas filling station or battery and tire service station approved prior to the effective date of this article as a special exception by the Town Board; or

(3) An existing gas filling station or battery and tire service station in existence at the original effective date of the Building Zone Ordinance and continuing thereafter as a nonconforming use.

C. Area and bulk. No gasoline service station shall be erected or operated except in compliance with the following requirements:

(1) Lot area. The lot area shall be not less than 15,000 square feet.

(2) Street frontage. The lot shall have a frontage of not less than 150 feet on a street. In the case of a corner site, the minimum street frontage shall be 150 feet on one street and 100 feet on another street.

(3) Building area. The building area shall not exceed 30% of the lot area.

(4) Gas pumps. The number of permitted gas dispensing pumps shall be determined on the basis of the requirements of 1,500 square feet of lot area per pump subject to a maximum of 16 pumps per station. A multiple pump stanchion shall be counted according to the number of pumps; for example, a double stanchion shall be counted as two pumps.

(5) Height. No building, structure, pump or other equipment except approved signs shall exceed 18 feet in height as measured from the average finished grade abutting said building, structure or equipment.

(6) Depth. The lot shall have a depth of not less than 100 feet.

D. Yards and setbacks. No gasoline service station shall be erected or operated except in compliance with the following requirements:

(1) Front setback. All buildings and structures except gas pumps shall be set back at least 40 feet from all street property lines.

(2) Side and rear yard. There shall be a minimum setback of all buildings and structures of 20 feet from any side or rear property line abutting on residential property measured from the use district separation line. There shall be a minimum setback of all buildings and structures of 10 feet from any side or rear property line abutting property in the Business District or other less restrictive district.

(3) Location of gas pumps. All gas pumps and islands shall be located at least 25 feet from any street property line and at least 25 feet from any side line or rear property line.

E. Amenities and design. No gasoline service station shall be erected or operated except in compliance with the following requirements:

(1) Fences. A six-foot-high stockade fence, as measured from ground level and woven in a neutral inconspicuous color, shall be erected and maintained along business and residential property lines, but no fence shall be erected closer than 15 feet from any street property line.

(2) Landscaping. A five-foot buffer strip shall be provided to protect abutting residential property. Such strip shall contain evergreens not less than seven feet high and planted not more than seven feet apart and maintained in good condition, provided that such planting shall not be closer than 15 feet from the property line abutting a street.

(3) Walls. In lieu of the above-mentioned fence and landscaping requirements, the owner may install a wall of good quality and design on all such abutting property lines other than street lines or, in the alternative, may install such fences and landscaping along a portion of such abutting property lines and install such a wall along the remaining portions of such property lines. A detailed plan of such substitution of walls for fences and landscaping shall be shown on the site plan upon an original application. In such case, the approval of such substitution shall be subject to the approval of the Commissioner of Buildings of the Town of Hempstead.

(4) Paving. All open spaces shall be paved with a permanent surface of concrete or asphalt.

(5) Curbs. Street curbs shall be installed in all adjoining streets. A raised curb of at least six inches in height shall be erected along all street property lines except for driveway openings.

(6) Sidewalks. All sidewalk areas shall be paved with concrete.

(7) Distance between gas pumps. The maximum distance between two pumps on an island shall be 10 feet.

(8) Intrusion into required area. No building or structure, gasoline pump, pump island, service island, sign, pole or parking area shall be located within a required front, side or rear yard.

(9) Trash. No trash shall be kept or stored in any open spaces.

(10) Exterior lighting. Exterior lighting shall be so installed that the surface of the source of light shall not be visible from any bedroom window and shall be so arranged as far as practical to reflect light away from any residential use; and in no case shall more than one footcandle power of light cross a lot line five feet above the ground in a residential district.

F. Circulation and safety. No gasoline service station shall be erected or operated except in compliance with the following requirements:

(1) Interior circulation. All buildings and structures, including gas pumps and islands, interior curbs and anything which will obstruct the passage of a vehicle, shall be so located as to provide adequate area for maneuvering vehicles in the service area and proper visibility.

(2) Access driveways. The width, location and alignment of an entrance or exit drive should permit a vehicle entering the station to turn out of the nearest lane of traffic without interfering with other traffic movement. A vehicle leaving a station should be able to turn into the nearest lane of traffic moving in the direction desired and be channeled within that lane before crossing an intersection or proceeding on the street. The driveway itself must be constructed so as to prevent its being widened through usage. The maximum width of a driveway shall be 40 feet as measured along the street curbline and 30 feet at the property line. No driveway or curb cut for a driveway shall be located within 10 feet of an adjoining property line as extended to the curb or pavement, or within 20 feet of any exterior (corner) lot line as extended. Any two driveways giving access to a single street shall be separated by an island with a minimum dimension of 20 feet to both the street property line and the curb or edge of the pavement. The angle of intersection of the center line of any driveway with the center line of the street should not be less than 60 degrees.

G. Operation and supervision.

(1) Gasoline service stations shall be supervised by the owner or employee of the owner of said gasoline service station at all times when the station is open for operation.

(2) The installation and use of coin-operated or self-service operated gas-dispensing pumps is prohibited. Gas-dispensing pumps may only be operated by the owner or qualified employees of the gasoline service station.

(3) All gasoline service stations shall provide an air compressor capable of inflating automobile tires, at no charge to the user thereof. The air compressor and hoses necessary for the inflation of tires shall be kept in good repair and shall be available to motorists at all times the gasoline service station is open for business. [Effective 7-29-1978]

An application for inclusion of new premises in the Gasoline Service Station District shall be submitted in accordance with Article XXVI of this Building Zone Ordinance. Site plans and statements shall accompany such application as provided in § 338 of this article. In addition thereto, such application shall be accompanied by the following:

A. Covenants and restrictions. Covenants and restrictions in the form prescribed by the Town Board, duly executed and acknowledged in recordable form and providing, among other things, as follows:

(1) That the owner shall covenant and agree to cease and desist from the uses and to remove the buildings and appurtenances as required by § 345 hereof.

(2) That, upon the failure of the owner to cease and desist from such uses and to remove the buildings and appurtenances as so required, the Town shall have the right of entry upon the owner's premises without further notice to the owner.

(3) That, upon such failure to cease and desist and to remove buildings and appurtenances, the Town may remove the buildings and appurtenances as the agent for and at the expense of the owner.

(4) That, upon such entry, the Town may take all steps reasonably necessary and proper to protect the building from vandalism, destruction, deterioration and trespass prior to removal.

(5) That the expenditures by the Town, pursuant to this section, shall be deemed as made in the course of repair and improvement of the owner's premises securable by the filing of a mechanics lien.

(6) That the certification of the Commissioner of Buildings, as to the amount of such expense as approved or modified by the Town Comptroller upon audit duly certified to the Town Board, shall be binding upon the owner.

(7) That the Town shall have a cause of action for the recovery of such expenses as certified above.

(8) That all of the rights, remedies and privileges in favor of the Town under such agreement shall be nonexclusive and shall be in addition to any other rights and remedies of the Town pursuant to law.

(9) That the covenants and provisions of said agreement shall run with the land.

B. The Town Clerk of the Town of Hempstead shall be the agent of every applicant upon whom any notices required by this article may be served.

C. No application to include a new premises in the Gasoline Service Station District shall be granted unless the application submitted designates the Town Clerk of the Town of Hempstead as such agent for required notices.

D. Bond. Upon a new application for inclusion in the Gasoline Service Station District subsequent to an order of revocation, the application shall be accompanied, in addition to the accompanying papers required for an initial application, by a bond in the amount of $10,000 to secure the performance of all terms and conditions on the part of the owner under the accompanying covenants and agreements. Such bond shall be in the form required by the Town Board and shall provide, among other things, that the remedies thereunder shall be nonexclusive and additional to the remedies under the covenants and agreements and as otherwise provided by law.

E. Fees upon application. All applications to include a premises in the Gasoline Service Station District shall be accompanied by fees as prescribed in Article XXVI of this Building Zone Ordinance.

No application for the inclusion of any land in the Gasoline Service Station District shall be entertained, heard or acted upon unless such application shall be accompanied by a site plan in conformity with § 305B, C, D and E of the Building Zone Ordinance and submitted to the Town Board with such application.