Babylon City Zoning Code
ARTICLE XXXV
Gasoline Service Stations
§ 213-419 Legislative intent.
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.
§ 213-420 Definitions.
As used in this article, the following terms shall have the meanings indicated:
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.
An establishment offering the retail sale of household consumer merchandise. The maximum size for a convenience store shall be no larger than 3,000 square feet or such smaller size as the Planning Board determines is suitable to the subject property and surrounding community.
[Amended 7-13-2022 by L.L. No. 13-2022]
An area on a structure which is properly designed and constructed where customers of the establishment may conduct business transactions or purchase food items for the purpose of consumption off premises from their motor vehicles.
[Added 7-13-2022 by L.L. No. 13-2022]
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.
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.
A building no larger than 10 feet in height and 144 square 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 300 square feet of floor space may be constructed.
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.
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.
A device which dispenses automotive fuel and/or kerosene. A "product dispenser" may contain multiple hoses or be capable of serving more than one fueling position simultaneously.
A building or portion thereof, other than a private garage, designed or used for equipping, repairing, renting, parking or storing motor vehicles.
A concrete platform measuring a minimum of six inches in height from the paved surface on which product dispensers are located.
§ 213-421 Gasoline Service Station Overlay District.
[Amended 1-20-2010 by L.L. No. 1-2010]
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 along one of the following major commercial thoroughfares: NYS Route 109, NYS Route 110 or NYS Route 27.
(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 located at intersections along major commercial thoroughfares possesses a minimum street frontage of 100 feet along the abutting major commercial thoroughfare and 75 feet along any other abutting thoroughfare.
(5)
A parcel located at mid block along major commercial thoroughfares possesses a minimum of 125 feet of frontage.
(6)
The parcel does not exist within 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 corners of the same intersection.
(7)
The parcel may not adjoin any residential-zoned parcel or a parcel that contains a residential use.
§ 213-422 Permitted uses.
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 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 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 vending machines shall be permitted per site. Vending machines shall not include public telephones, volumes and/or air dispensers.
§ 213-423 Secondary uses.
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.
(4)
Drive-thru service window, as duly granted by the Planning Board and subject to the following conditions and restrictions:
[Added 7-13-2022 by L.L. No. 13-2022]
(a)
Should the Planning Board approve the use of a drive-thru service window, then no other secondary uses shall be permitted at the subject site, except for a convenience store.
(b)
Drive-thru service windows shall not be permitted when a parcel abuts a residentially zoned parcel or parcel utilized for residential uses.
(c)
Only one canopy or awning shall be permitted in connection with a drive-thru service window, located at the point of pickup, which shall not exceed 25 square feet. Any other canopy or awnings associated with a drive-thru service window shall be prohibited.
(d)
The applicant must provide sufficient evidence, to the satisfaction of the Planning Board, that the site can properly accommodate necessary queueing required for a drive-thru service window.
B.
In order to apply to conduct one or more secondary uses on any new gasoline service station, such gasoline service station must contain a minimum lot area of 12,500 square feet. In the case of four existing gasoline service stations which contain a minimum lot area of less than 12,500 square feet, but more than 7,500 square feet, any application to conduct a secondary use shall be limited to one 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.
§ 213-424 Dimension requirements.
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 15 feet along each front yard, with the exception of canopies, which must be set back a minimum of 10 feet.
C.
There shall be a minimum side yard and rear yard setback of 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 minimum side yard or rear yard setback of 25 feet along each such side yard and/or each rear yard.
D.
No building shall be greater than one story or 25 feet in height. No structure shall be greater than 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 15% of the lot. If a secondary use is performed on the site, the principal building shall occupy no more than 25%. There shall be a total building area limit of 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 10 feet from any building and/or structure, including the product dispensers and pump islands. Fuel tanks shall be set back a minimum of 15 feet from any property line and/or any right-of-way.
G.
All product dispensers shall be setback a minimum of 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 feet from a kiosk located on the same pump island.
H.
All product dispensers shall be located a minimum of 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.
I.
If kerosene is sold on premises, the service pump dispensing kerosene shall dispense kerosene and/or diesel fuel only.
§ 213-425 Buffers and landscaping.
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 10 feet wide and shall contain evergreens which are at least six feet in height when planted and set approximately six 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 20 feet of any right-of-way, said fencing shall be four feet in height and said evergreens planted and maintained at four feet in height.
§ 213-426 Parking and vehicular access.
A.
Driveways shall be offset a minimum of 25 feet from grading or point of intersection with any right-of-way and offset 10 feet from any adjourning property at the curbline.
B.
A parcel which contains no secondary uses shall provide one parking space for each 200 square feet, with a minimum of three parking spaces. A parcel which contains a convenience store shall provide one parking space for each 200 square feet, with a minimum of four parking spaces. A parcel which contains a public garage shall provide one parking space per 200 square feet, with a minimum of five parking spaces. A parcel which contains a convenience store and public garage shall provide one parking space per 200 square feet, with a minimum of six 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 spaces outside the entrance.
C.
There shall be a minimum of one driveway per front yard and a maximum of two driveways per front yard and four driveways per site. Any one-way driveway shall be 14 feet in width.
§ 213-427 Fueling positions.
There shall be at least one 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.
§ 213-428 Lighting.
Any and all lighting shall be designed to shine away from any other property and/or be suitably shielded. No more than one footcandle from any and all lighting shall intrude into residentially zoned or employed property measured 10 feet onto the residentially zoned or employed property.
§ 213-429 Signs.
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 additional sign, measuring no larger than 24 inches by 24 inches or four square feet, and having a depth of no more than one 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.
§ 213-430 Alteration of certain nonconforming gasoline service stations.
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 Zoning Board of Appeals finds the following:
(1)
The underlying zoning classification for such parcels is E, Ea, Eb, G, Ga, GB and/or H;
(2)
The parcel is located at an intersection along a major commercial thoroughfare or is located mid-block and possesses a minimum of 125 feet of frontage along the major commercial thoroughfare;
(3)
The parcel is not less than 7,500 square feet in area and located at an intersection along a major commercial thoroughfare or possesses 10,000 square feet and is located mid-block along a major commercial thoroughfare;[1]
[1]
Editor's Note: Former Subsection A(4), dealing with a parcel possessing a minimum street frontage of 70 feet, which subsection immediately followed this subsection, was repealed 11-29-1994 by L.L. No. 30-1994. This local law also provided for the renumbering of former Subsection A(5) through (9) as Subsection A(4) through (8), respectively.
(4)
The parcel remains of a size, shape and location as 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.
§ 213-431 Discontinuation of permitted gasoline service stations.
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 months or more or be abandoned for 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 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 30 days of cessation or discontinuance and is completed within six months. An extension of the time frames set forth in this subsection, not to exceed an additional one year, may be granted by the Zoning Board of Appeals for good cause shown.
§ 213-432 Discontinuation of nonconforming gasoline service stations.
A.
Should the nonconforming use of any parcel as a gasoline service station cease or be discontinued for six months or more or be abandoned for 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 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 30 days of cessation or discontinuance and completed within six months. An extension of the time frames set forth in this subsection, not to exceed one 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 50% of its value, exclusive of foundations, or 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.
§ 213-433 Severability; higher standards to prevail.
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.