Gasoline service stations are a necessity for the continued economic function of the town. However, responsible legislation is necessary to properly integrate such stations into the local community and the town's land use patterns and to regulate station development and design to preserve and advance the public health, safety and welfare. The Town Board seeks to regulate the location, design and use of current and future gasoline service stations. The regulations are intended to conserve property values, create a more attractive and effective economic and business climate, prevent blight, encourage the most appropriate use of current and future gasoline station sites, improve the aesthetic environment of the town and fully integrate gasoline service stations into the community.

**Webmasters Note: Article XXXIV through XXXV has been amended as per Supp. Dated 10-20-2000.

As used in this Article, the following terms shall have the meanings indicated:

AUTOMOTIVE ACCESSORY ITEMS - Products directly related to the maintenance of vehicles designed and/or employed, in whole or in part, for travel upon public and private roadways, such as oil, transmission fluid, brake fluid, polish, wax, fuel additives and treatments, wipers, tires, batteries, windshield wiper fluid, cleaning fluids and/or substantially similar items.

CONVENIENCE STORE - An establishment offering the retail sale of household consumer merchandise. A maximum size for a "convenience store' shall be one thousand five hundred (1,500) square feet and eight hundred (800) square feet of retail area or such smaller size as the Planning Board determines is suitable to the subject property and surrounding community.

FUELING POSITION - A location at which a single vehicle may be fueled from a product dispenser. The number and precise location of "fueling positions" presented on any site plan shall be determined by the Planning Board.

GASOLINE SERVICE STATION - Any establishment in which the sale or storage of automotive fuel is the principal activity and/or constitutes a substantial or significant portion of the goods offered and/or services rendered.

KIOSK - A building no larger than ten (10) feet in height and one hundred forty-four (144) quare feet in floor space which is employed exclusively for the retail sales transaction of automotive fuel, kerosene and automotive accessory items and/or storage. If a "kiosk" constitutes the principal building on site, a maximum size of three hundred (300) square feet of floor space may be constructed.

MAJOR COMMERCIAL THOROUGHFARE - As employed in this Article, designated as any roadway possessing a state and/or county route number. A roadway possessing a state and/or county route number for a portion of its course shall be considered a "major commercial thoroughfare" only with regard to such portion.

MINOR REPAIRS - Aside from the sale of automotive fuel, kerosene and automotive accessory items, incidental maintenance of a vehicle, such as the addition of vehicular fluids, replacement of wiper blades or substantially similar activity.

PRODUCT DISPENSER - A device which dispenses automotive fuel and/or kerosene. A 'product dispenser" may contain multiple hoses or be capable of serving more than one (1) fueling position simultaneously.

PUBLIC GARAGE - A building or portion thereof, other than a private garage, designed or used for equipping, repairing, renting, parking or storing motor vehicles.

PUMP ISLANDS - A concrete platform measuring a minimum of six (6) inches in height from the paved surface on which product dispensers are located.

A. No premises may be employed as a gasoline service station except in conformance with this Article.

B. There is hereby established a Gasoline Service Station Overlay District, superimposed on parcels which meet the following criteria:

(1) The parcel is located at intersections along major commercial thoroughfares or is located at intersections or mid-block along the service road of Sunrise Highway.

(2) The underlying zoning classification for the parcel is E, Ea, Eb, G, Ga, GB and/or H.

(3) The parcel possesses the minimum lot area required for the zoning district in which the parcel is located.

(4) The parcel possesses a minimum street frontage of one hundred (100) feet along the abutting major commercial thoroughfare and seventy-five (75) feet along any other abutting thoroughfare.

(5) The parcel does not exist within two thousand (2,000) feet of a parcel containing a currently operating gasoline station, a parcel which has been formerly employed as a gasoline station and which may still enjoy any right to reopen as such or for which a building permit for the construction of a gasoline service station has been issued and remains in effect. However, an exception shall exist for parcels existing on other comers of the same intersection.

A. Any parcel employed as a gasoline service station shall be prohibited from conducting any use and/or operation except:

(1) The storage and retail sale of automotive fuel and kerosene.

(2) The retail sale of automotive accessory items.

(3) Minor repairs.

(4) The retail sale of over-the-counter consumer merchandise which shall be limited to twelve (12) square feet of display area.

(5) A secondary use(s) duly approved as a special exceptions.

B. Further, in addition to other nonpermitted uses, the following activities shall be strictly prohibited on any parcel containing a gasoline service station:

(1) The sale, lease, storage or display of new or used vehicles. However, the outdoor storage of a vehicle awaiting minor repairs is permissible in designated areas for a period of not more than twenty-four (24) hours.

(2) Outdoor storage and/or display of new and/or used automobiles, boats, automobile parts or other merchandise except for small sample displays of automotive accessory items, not including batteries or tires located adjacent to the principal building or on the pump islands.

(3) Any outdoor use involving fire, sparks or a high level of heat, or any use involving fuel from portable fuel tanks.

(4) The sale and/or display of any merchandise out of a trailer or truck.

(5) Junkyards and/or parts scavenging services.

(6) Outdoor storage and/or display of vending machines, except those located directly adjacent to the walls of the principal building. A total number of four (4) vending machines shall be permitted per site. Vending machines shall not include public telephones, volumes and/or air dispensers.

A. Secondary uses(s) shall be permitted only as a special exception granted pursuant to § 213-13. Such secondary uses shall be limited to:

(1) Public garages, as duly granted by the Zoning Board of Appeals.

(2) Facilities for washing and/or waxing vehicles, as duly granted by the Planning Board.

(3) Convenience stores, as duly granted by the Planning Board.

B. In order to apply to conduct one (1) or more secondary uses on any new gasoline service station, such gasoline service station must contain a minimum lot area of twelve thousand five hundred (12,500) square feet. In the case of four (4) existing gasoline service stations which contain a minimum lot area of less than twelve thousand five hundred (12,500) square feet, but more than seven thousand five hundred (7,500) square feet, any application to conduct a secondary use shall be limited to one (1) secondary use.

C. The Zoning Board of Appeals and the Planning Board shall have the authority to impose such reasonable conditions and restrictions as are related to and incidental to the proposed special exception use(s). Such conditions shall be consistent with the spirit and intent of this chapter and shall be imposed for the purpose of minimizing any adverse impact such relief may have on the neighborhood or community, and to protect, preserve and advance the intent of this chapter.

Any parcel within the Gasoline Service Station Overlay District Zone must conform to the following restrictions:

A. There shall be a front yard along each thoroughfare. There shall be a rear yard, which shall be designated as the yard opposite the major commercial thoroughfare. Each other yard shall be designated a side yard.

B. There shall be a minimum front yard setback of fifteen (15) feet along each front yard, with the exception of canopies, which must be set back a minimum of ten (10) feet.

C. There shall be a minimum side yard and rear yard setback of ten (10) feet for each side yard and each rear yard. However, if the parcel borders a residential district or property employed for residential use, there shall be a side yard or rear yard setback of twenty-five (25) feet along each such side yard and/or each rear yard.

D. No building shall be greater than one (1) story or twenty-five (25) feet in height. No structure shall be greater than twenty (20) feet in height, exclusive of freestanding ground signs to which the provisions of Article XXXIII shall apply.

E. The principal building shall occupy no more than fifteen percent (15%) of the lot. If a secondary use is performed on the site, the principal building shall occupy no more than twenty-five percent (25%). There shall be a total building area limit of thirty percent (30%). However, the area covered by any canopy shall not be included, provided that the canopy covers only the pump islands, product dispensers, fueling positions, kiosk and/or the area between the fueling positions and the principal building.

F. Fuel tanks shall be set back a minimum of ten (10) feet from any building and/or structure, including the product dispensers and pump islands. Fuel tanks shall be set back a minimum of fifteen (15) feet from any property line and/or any right- of-way.

G. All product dispensers shall be setback a minimum of twenty (20) feet from any other product dispenser located on parallel pump islands, as well as from the primary building and any building containing any secondary use. Such distance shall be measured from pump island to parallel pump island, and from pump island to the curbing surrounding the building or to the building itself, whichever is nearer. However, product dispensers need only be set back four (4) feet from a kiosk located on the same pump island.

H. All product dispensers shall be located a minimum of twenty (20) feet from all product dispensers located along the same line of vehicular flow. Such distance shall be measured from center of product dispenser to center of product dispenser.

If kerosene is sold on premises, the service pump dispensing kerosene shall dispense kerosene and/or diesel fuel only.