A. The minimum landscaped area shall be a ten-foot wide suitably planted strip running along the front yards of the site. The Planning Board shall have authority to waive or reduce the requirement in approving any site plan, provided that an equivalent area is added to landscaping elsewhere and not otherwise required on site, and the Planning Board finds that such action would further the interests of this chapter and Chapter 186, Site Plan Review.

B. There shall be a planted buffer along the border with any parcel zoned or employed for residential purposes. The planted buffer shall be a minimum of ten (10) feet wide and shall contain evergreens which are at least six (6) feet in height when planted and set approximately six (6) feet apart. There shall also be a six-foot-high fence of type and design as set by the Planning Board during site plan review. However, if fencing is placed within twenty (20) feet of any right-of-way, said fencing shall be four (4) feet in height and said evergreens planted and maintained at four (4) feet in height.

A. Driveways shall be offset a minimum of twenty-five (25) feet from grading or point of intersection with any right-of-way and offset ten (10) feet from any adjourning property at the curbline.

B. A parcel which contains no secondary uses shall provide one (1) parking space for each two hundred (200) square feet, with a minimum of three (3) parking spaces. A parcel which contains a convenience store shall provide one (1) parking space for each two hundred (200) square feet, with a minimum of four (4) parking spaces. A parcel which contains a public garage shall provide one (1) parking space per two hundred (200) square feet, with a of five (5) parking spaces. A parcel which contains a convenience store and public garage shall provide one (1) parking space per two hundred (200) square feet, with a minimum of six (6) parking spaces. A fully automated car wash shall not require any additional on-site parking. However, a fully automated car wash must provide vehicular stacking spaces in number and layout deemed appropriate by the Planning Board, but in no event fewer than two (2) spaces outside. the entrance.

C. There shall be a minimum of one (1) driveway per front yard and a maximum of two (2) driveways per front yard and four (4) driveways per site. Any one-way driveway shall be fourteen (14) feet in width.

There shall be at least one (1) full-service fueling position for each grade of gasoline or other alternative fuel offered. Said full-service fueling position shall be operated solely by station employees, shall be suitably identified and shall be open from 7:00 a.m. through 7:00 p.m., unless the station opens later or closes earlier, in which case full service shall be offered from the time the station opens or until the station closes, respectively.

Any and all lighting shall be designed to shine away from any other property and/or be suitably shielded. No more than one (1) footcandle from any and all lighting shall intrude into residentially zoned or employed property measured ten (10) feet onto the residentially zoned or employed property.

The following criteria shall exist as additional requirements on any sign erected or maintained in any gasoline service station:

A. The price grade signs must at all times accurately reflect the actual price of automotive fuel and kerosene being offered for sale.

B. Signs bearing the corporate insignia and/or brand name of the gasoline sold and/or type of services available on site (i.e., full-service and/or self-service), shall be the only signs permitted on the canopy.

C. Signs affixed to or incorporated into the canopy shall not face residentially zoned and developed properties.

D. One (1) additional sign, measuring no larger than twenty-four by twenty-four (24 x 24) inches or four (4) square feet, and having a depth of no more than one (1) inch, shall be allowed at each product dispenser which identifies said product dispenser and/or pump island as providing full service and/or self-service.

A. A parcel employed as a gasoline service station and which meets the following criteria, but does not satisfy the criteria specified in § 213-421, may only be altered, reconstructed and/or modified pursuant to a special nonconforming alteration permit issued by the Zoning Board of Appeals. Such permit shall be issued if the Board of Appeals finds the following:

(1) The underlying zoning classification for such parcels is E, Ea, Eb, G, Ga., GB and/or H;s

(2) The parcel is located at an intersection along a major commercial thoroughfare or is located midblock and possesses a minimum of one hundred twenty-five (125) feet of frontage along the major commercial thoroughfare;

(3) The parcel is not less than seven thousand five hundred (7,500) square feet in area and located at an intersection along a major commercial thoroughfare or possesses ten thousand (10,000) square feet and is located mid-block along a major commercial thoroughfare;

(4) The parcel remains of a size, shape, and location to reasonably accommodate the use thereof as a gasoline service station and any proposed secondary use;

(5) The use as a gasoline service station and any proposed secondary use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts;

(6) The use as a gasoline station and any proposed secondary use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts;

(7) The safety, health, welfare, comfort, convenience or order of the town will not be adversely affected by the proposed use as a gasoline station and any proposed secondary use and its location; and

(8) The use as a gasoline station and any proposed secondary use will be in harmony with and promote the general purposes and intent of this chapter.

B. The Zoning Board of Appeals shall have the authority to impose such reasonable conditions and restrictions as are related to and incidental to the proposed use of the property as a gasoline service station and any proposed secondary use. 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.

A. Should the use of any parcel as a gasoline service station in a Gasoline Service Station Overlay District cease or be discontinued for six (6) months or more or be abandoned for thirty (30) days or more, the parcel's underlying zoning classification shall be deemed operative.

B. Any building and/or structure related to the use as a gasoline service station, including but not limited to fueling dispensers, storage tanks, freestanding ground signs, canopies and kiosks, shall be removed within thirty (30) days after such cessation or discontinuance. However, such shall not be deemed to require the removal of any building and/or structure which may be converted to a legal conforming use, provided that such conversion is significantly initiated within thirty (30) days of cessation or discontinuance and is completed within six (6) months. An extension of the time frames set forth in this subsection, not to exceed an additional one (1) year, may be granted by the Zoning Board of Appeals for good cause shown.

A. Should the nonconforming use of any parcel as a gasoline service station cease or be discontinued for six (6) months or more or be abandoned for thirty (30) days or more, such nonconforming use shall be deemed to have expired and may not be reinstated.

B. Any building and/or structure relating to the use as a gasoline service station, including but not limited to fueling dispensers, canopies, storage tanks, freestanding ground signs and kiosks, shall be removed within thirty (30) days as to such cessation or discontinuance. However, such shall not be deemed to require the removal of any building and/or structure which may be converted to a legal conforming use, provided that such conversion is significantly initiated within thirty (30) days of cessation or discontinuance and completed within six (6) months. An extension of the time frames set forth in this subsection, not to exceed one (1) year, may be granted by the Zoning Board of Appeals for such causes shown.

C. Any building or structure which has been damaged by fire or other cause to the extent of more than fifty percent (50%) of its value, exclusive of foundations, or fifty percent (50%) of its total building area shall be repaired or rebuilt only in conformity with the regulations of this chapter and the Building Code and all other applicable laws, rules and regulations.

A. The provisions of this article are severable. If any clause, sentence, paragraph, section, word or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, word or part thereof directly involved in the controversy in which such judgment shall have been rendered. The invalidity of any word, clause, sentence, paragraph, section or part of this article shall not affect the validity of any other part of this article which can be given effect without such invalid part or parts.

B. If any portion of this article is found to be in conflict with any other provision of any other local law or ordinance of the Code of the Town of Babylon, the provision which establishes the higher standard shall prevail.