In addition to the requirements of § 338 of this article, the site plan shall show the following:

A. The locations, names and existing widths of adjacent streets and curblines.

B. A statement that no gasoline service station or existing gas filling station or battery and tire service station is located within a radius of 1,000 feet, as measured by airline distance from the nearest points of lot boundaries.

C. A radius map, drawn to scale, showing all gasoline service stations or existing gas filling stations or battery and tire service stations within airline distance of 1,500 feet between the nearest points of lot boundaries.

D. A copy of existing deed restrictions or covenants applying to the premises.

E. Existing zoning.

F. Existing structures and utilities.

G. The location of all signs.

H. The text of any proposed easements, deed restrictions or covenants.

I. Any contemplated public improvements on or adjoining the property.

J. Any proposed new grades, indicating clearly how such grades will meet existing grades of adjacent properties or the street.

K. A boundary survey.

No application to include any premises in the Gasoline Service Station District shall be granted unless the Town Board shall review and approve such site plan. In the course of such review, the Town Board may, in its discretion, refer the site plan for the purpose of making an advisory report and recommendation with respect thereto to any one or more officers, agencies or departments of the Town.

A. The Gasoline Service Station District shall be a superimposed use district. No application to place the premises in the Gasoline Service Station District shall be entertained, heard, acted upon or granted unless such land shall lie in one or more of the following use districts under this Building Zone Ordinance:

(1) Business District under Article XVI.

(2) Light Manufacturing District under Article XVII.

(3) Industrial District under Article XVIII.

(4) A Planned Development District at Mitchel Field under Article XIII.

B. The inclusion of land in the Gasoline Service Station District shall not be deemed an exclusion of such land from such underlying district or districts.

A. Subsequent to the inclusion of any premises in the Gasoline Service Station District, the uses permitted in the underlying use district or districts shall be suspended and shall be deemed prohibited. Such prohibited uses shall include:

(1) Uses permitted by the express terms of this Building Zone Ordinance.

(2) Uses permitted by variance.

(3) Uses permitted by special exception.

(4) Uses established by vested right as a preexisting legal nonconforming use.

B. An application by the owner for inclusion of premises in the Gasoline Service Station District shall be deemed a conditional waiver of all such permitted uses in the underlying use district or districts for the duration of such inclusion of premises in the Gasoline Service Station District and shall further be deemed a conditional consent to such suspension for such duration. A conditional waiver and consent shall become effective upon a grant by the Town Board of an application to include land in the Gasoline Service Station District.

A. Inclusion of any premises in the Gasoline Service Station District shall be terminated in any of the following events:

(1) The voluntary surrender of such inclusion by the owner by written agreement duly executed and acknowledged.

(2) By order of the Town Board revoking the inclusion in the Gasoline Service Station District upon a determination of discontinuance pursuant to the provisions of § 344B of this article.

(3) By the action of the Town Board in placing such premises in a use district other than the Gasoline Service Station District without the consent of the owner. Nothing contained in this article shall be deemed an impairment of the right of the Town Board to amend the Building Zone Ordinance or this article at any time according to law.

B. The Town Board shall have the power to delete from a Gasoline Service Station District premises that have terminated the gasoline service station use as provided in §§ 343A and 344 of this article.

C. Resumption or assumption of permitted uses in underlying districts.

(1) Upon the deletion of any land from the Gasoline Service Station (GSS) District as provided in Subsection B of this section, the uses permitted in the underlying use district or districts may be resumed- In the event of deletion of Gasoline Service Station (GSS) District designation upon voluntary surrender under Subsection A(1) of this section, then notwithstanding the provisions of any covenants and restrictions entered into pursuant to § 337A of this article, no public hearing before the Town Board shall be required to annul any covenants or restrictions relating solely to gasoline service station use, or to modify a site plan showing the approved layout of a gasoline service station, provided that any such covenants and restrictions relating to approval by the Town Board of retail sales of products under § 336A(7) of this article shall remain subject to a public hearing requirement as may be set forth within the covenants and restrictions, and provided that any post-deletion modifications, additions or improvements to the premises shall be subject to the jurisdiction of the Department of Buildings, Town Board and Board of Appeals, as applicable in the underlying use district. [Effective 7-28-2012]

(2) If the underlying use district has been changed to another underlying district, the uses permitted therein may be assumed by the owner.

A. Criteria for determining discontinuance. Any uses referred to in § 336 of this Building Zone Ordinance which are discontinued for a period of six consecutive months shall not be resumed or reestablished, and any subsequent use shall conform to the use regulations of the underlying district. A use shall be deemed to have been discontinued under any of the following conditions:

(1) Vacancy of the premises by the owner or operator for a period of six consecutive months;

(2) Removal of pumps from the premises and their continuous absence from the premises for a period of 30 consecutive days unless the owner has obtained a waiver of this condition upon written application to the Town Board; or

(3) Manifestation of a clear intent on the part of the owner or operator to abandon the use. An intent to abandon shall not be required under Subsection A(1) and (2) above, and mere nonuse for the stated periods of time shall be deemed sufficient, regardless of intention.

B. Procedures.

(1) At the expiration of the stated periods of time under Subsection A of this section, the Town Board, upon its own motion or the instance of any resident within a two-hundred-foot radius of the premises, may proceed to eliminate the premises from a Gasoline Service Station District pursuant to the provisions of Article 16 of the Town Law.

(2) At the hearing to be held before the Town Board, the owner of the premises sought to be eliminated from a Gasoline Service Station District may present such competent and material testimony or other evidence on his own behalf as may be relative to the subject matter of the hearing.

The following provisions shall become applicable upon an order of revocation pursuant to § 343B of this article:

A. That, upon the filing of the order of revocation in the Town Clerk's office and notice thereof to the owner by mail, addressed to the subject premises and to the owner's office and residence and to the address registered with the Town Clerk by the owner for the purpose of receiving such notice, the owner shall forthwith cease and desist from the uses permitted in the Gasoline Service Station District and shall thereafter remove the building, gas storage tanks, pumps and pump islands at his own sole cost and expense within 60 days after the date of the mailing of such notice.

B. That, upon the failure of the owner to cease and desist from such uses and remove such buildings and appurtenances within the time so limited, the Town shall have the right of entry upon the owner's premises without further notice and may remove such buildings and appurtenances as the agent for and at the expense of the owner.

C. 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 by the Town.

A. All existing gasoline service stations may be continued as provided in this article, and not otherwise.

B. All existing gasoline service stations shall be nonconforming uses subsequent to the effective date of this article, but subject to amortization as provided by this section.

C. All gasoline service stations in existence at the effective date of this ordinance which shall not have been included with the Gasoline Service Station District by January 1, 2005, shall be terminated on said date, and thereafter the premises may no longer be used for a gasoline service station. [Effective 10-19-1999; 1-29-2002]

D. The proximity requirements set forth in § 336B of this article shall not prohibit the inclusion of existing gasoline service stations within a Gasoline Service Station District.

E. All accessory uses on the premises of an existing gasoline service station which are not permitted as accessory uses in the Gasoline Service Station District shall be permitted to remain in existence for five years from the effective date of this article and shall be removed thereafter, except that the display or sale of merchandise on the premises prohibited by Subsections C and G of the definition of "gasoline service station" in § 333 of this ordinance shall be permitted to remain in existence for six months from the effective date of this article and shall be removed thereafter.

F. All signs on the premises of existing gasoline service stations which are not permitted as signs in the Gasoline Service Station District shall be permitted to remain in existence for three years from the effective date of this article and shall be removed thereafter. Signs which are required in the Gasoline Service Station District shall be erected within 30 days from the effective date of this article.

G. If, for a continuous period of eight months, an existing gasoline service station has been closed, such land shall thereafter be used only for a conforming use. Intent to resume active operations shall not affect the foregoing.

H. No permit shall be issued for the alteration of an existing gasoline service station, its premises, buildings or appurtenances or for the enlargement of any existing use except after Town Board approval and following a public hearing in accordance with Article XXVIII of this ordinance. In such case, the Town Board may dispense, in whole or in part, with conformity with the provisions applicable to the Gasoline Service Station District but may impose safeguards and conditions as it may deem appropriate, necessary or desirable to promote the spirit and objectives of this article, including, but not being limited to, covenants and agreements in recordable form and running with the land. Such permit shall not be effective to extend the amortization period under Subsection C of this section.

I. If, for a continuous period of eight months, an existing gasoline service station has been closed and if within one month subsequent thereto the buildings and appurtenances shall not have become used for a conforming use, then the Town Board on its own motion or upon petition of an owner of property within 200 feet of such premises may proceed to order the removal of all of the structures and appurtenances on said premises at the owner's own sole cost and expense. Such order to remove shall be made only after notice and public hearing pursuant to Article XXVIII of this Building Zone Ordinance and upon a determination by the Town Board upon the conclusion of such public hearing that such closed gasoline service station is a blight upon adjoining and surrounding properties. In arriving at the determination that such service station is a blight as aforesaid, the Town Board shall consider whether such removal will promote the purpose of securing safety from fire, crime and other dangers, to promote the health and general welfare, the conservation of the value of the land and buildings within the Town and encouragement of the most appropriate use of land throughout the Town.

J. All existing 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]

K. The provisions of Subsection H to the contrary notwithstanding, the removal of underground tanks at existing gasoline service stations for replacement with tanks constructed of corrosion-resistant materials, whether or not said removal is proposed along with an increase in storage volume regulated by Chapter 132 of the Code of the Town of Hempstead, shall not require a public hearing, and that inspections, fees and permits therefor shall all be governed in the same manner as new underground tank installations pursuant to the requirements of Chapter 132 of the Code of the Town of Hempstead. [Effective 3-17-1980]

A. No signs shall be permitted in the Gasoline Service Station District except as provided in this article.

B. The provisions of Article XXIV of the Building Zone Ordinance shall be applicable to this article except as herein otherwise expressly provided.

C. The following signs shall be permitted in the Gasoline Service Station District without a permit:

(1) Name and address signs: one wall sign denoting the name and/or address of the occupants of the premises when such sign does not exceed 24 square inches for each occupant.

(2) Window signs: Signs shall be permitted in each display window, provided that the total area of all signs used or displayed in such window does not exceed 1/4 the area of the window.

(3) Wall sign: one wall sign in the case of premises facing on only one public street and two wall signs facing on two streets in the case of corner sites, as defined in Subsection C(4).

(4) A "wall sign" shall mean any single-faced sign which is attached to, incorporated into or painted on the exterior wall of the premises abutting a public street advertising only the business conducted on the premises when such sign does not:

(a) Exceed two square feet in area for each horizontal foot of such wall.

(b) Exceed in length 90% of the horizontal measurement of each wall space.

(c) Project above any portion of the roof of the building except if such sign is attached to a parapet wall, which does not exceed three feet in height, and the sign does not extend above the top thereof.

(d) Project more than 12 inches from such wall, including any artificial lighting or reflectors connected thereto.

(e) Include the wall area considered in the computations for any facade sign.

D. Price and grade of quality signs. On each pump dispensing gasoline at retail there shall be affixed a single- or double-faced sign of 12 inches in height and 12 inches in width, stating clearly and legibly, with whole cent numerals at least nine inches in height and two inches in width, the selling price of the gasoline. Such sign shall also indicate the federal, state and local taxes included in such selling price per gallon. No other price sign shall be permitted. The name brand and grade of quality classification of the gasoline shall be permanently imprinted on the gasoline-dispensing device. [Effective 9-4-1978]