Mineola City Zoning Code
ARTICLE VI
Supplementary Regulations
§ 550-17 Fences and buffers.
A.
Permit required. No fence or wall may be erected without a building permit issued by the enforcement officer.
B.
Residential districts.
(1)
In residential districts, a fence, not exceeding six feet in height, shall be permitted on the rear lot line and along those linear portions of the side lot lines enclosing the rear yard; provided, however, that the six-foot fencing and its relationship to the street fronting upon the premises shall not exceed a greater distance frontward to the street than the rear building line of adjacent dwellings on either side. For purposes of interpretation, a rear building line shall refer only to the principal structure on a lot and shall not include patios, porches or other extensions thereto. Fencing for all other lot lines shall not exceed four feet in height and shall in no case extend nearer to the street than the front line of the dwelling. On corner lots, a fence of up to six feet in height may enclose that portion of the property extending from the rear building line to the rear property line, provided that the side of the fence facing the street shall be governed by the following rules: if the streetside building line is set back 13 feet or more, the fence shall be set back a minimum of four feet from the streetside property line; if the streetside building line is set back between 10 feet and 13 feet, the fence shall be set back a minimum of 42 inches from the streetside property line; if the streetside building line is set back less than 10 feet, the fence shall be set back a minimum of 30 inches from the streetside property line. In each of the instances where a rear yard six-foot fence shall be located closer to the street than the streetside building line, natural shrubbery screening shall be placed between the property line and the streetside fence. Additionally, on corner lots, a fence of up to four feet in height may be located along the side yards of the property between the rear line of the building and the front line of the building, provided that the side of the fence facing the street may not be located closer than the minimum setbacks established above. Permitted fence designs and materials shall be listed in a catalog of fencing preapproved by the Board of Trustees and maintained by the Building Department. The installation of any fence designs or materials not listed in the fence catalog shall require a variance from the Zoning Board of Appeals.
[Amended 2-24-1988 by L.L. No. 1-1988; 9-17-2008 by L.L. No. 3-2008]
(2)
Hedges and shrubs shall be permitted to extend to the property line, but where extending nearer the street than the line of the dwelling on the property, they shall not exceed three feet in height. Where no dwelling exists on said property, any hedge or shrub extending nearer the street than the average setback line of the block shall not exceed three feet in height. In no event shall hedges or shrubs encroach beyond the property line so as to interfere with public walkways.
(3)
Where the property abuts on any land zoned business or manufacturing, a fence along such abutting line may be erected to a height not to exceed seven feet.
(4)
In no event shall any fence or buffer be permissible which fence and/or buffer interferes with sight lines of traffic.
C.
Nonresidential districts.
[Amended 5-11-2016 by L.L. No. 3-2016]
(1)
Where a nonresidential lot abuts a residential district to the rear of the lot, an appropriately landscaped and screened buffer of no less than 10% of the lot depth shall be created along such abutting line.
(2)
Where a nonresidential lot abuts a residential district to the side of the lot, an appropriately landscaped and screened buffer of no less than five feet shall be created along such abutting line.
(3)
Fences shall be six feet in height. When bordering a residential district, the fence shall include screening. Such screening shall be accomplished by the use of two-sided dressed fencing, water-resistant vinyl material, insert blinders of a neutral color, or such other method and material as specifically authorized by the Superintendent of the Building Department.
D.
General requirements.
(1)
The following materials shall be prohibited in the construction or maintenance of fencing: barbed wire, razor wire, electrified material and any material intending to cause injury to a person making contact with same. However, barbed wire may be permitted in the M District when approved by the Board of Trustees after application for same.
[Amended 4-29-1992 by L.L. No. 2-1992]
(2)
No gate, when in an open position, shall obstruct a public walkway.
(3)
Fence facing. The decorative side of all fences shall face away from the lot or parcel enclosed.
§ 550-18 Encroachments.
A.
One-and two-family residences. Encroachments into required yards are hereby permitted in residential districts as provided in this section only:
(1)
Cornices, eaves and gutters projecting not more than 24 inches; chimneys or bay windows not more than six feet in length and projecting not more than 24 inches.
(2)
One-story open porches and terraces projecting not more than six feet into a minimum front yard.
(3)
One-story enclosed vestibule not greater than six feet in width and five feet in depth, extending into a minimum front yard.
(4)
One-story open or enclosed vestibule not greater than four feet in width and five feet in depth, extending no more than four feet into a minimum side yard.
(5)
In any case where the Zoning Board of Appeals has diminished a required yard by a variance, none of the foregoing encroachments shall be permitted in such diminished yard.
B.
All other districts. A decorative overhead encroachment into a front yard or over a front property line shall be permitted, subject to the following conditions:
(1)
The encroachment shall not extend more than one foot beyond the setback or property line as applicable.
(2)
An open space of at least seven feet in height shall be maintained between the bottom of the encroachment and the ground.
(3)
The encroachment shall be severable from the building and shall not be composed of structural elements thereof.
§ 550-19 Parking spaces.
A.
Special use. In addition to the uses permitted and provided for in the respective districts established by this chapter, the Board of Trustees may grant a special use permit to establish and maintain public or private parking spaces on any lot or parcel of land in any use district.
B.
Application required. Such special use for public or private parking of automobiles or other vehicles shall not be authorized or permitted except upon a written application made to the Board of Trustees by the owner of the lot or parcel of land upon which such use is applied for, which application shall state:
(1)
The name of the owner and whether such land is occupied by the owner or by a lessee or other occupant of said lot or parcel.
(2)
A general statement of the location of the property and of the classification of the district in which such lot or parcel is located and a description of the lot or parcel by metes and bounds.
(3)
A statement of whether the applicant intends to use such lot or parcel for the purpose of parking automobiles or other vehicles, for hire or rental, or whether the applicant intends to restrict the parking privileges on such lot or parcel to a particular group or classification of persons.
C.
Municipal parking fields. In cases of proposed establishment of municipal parking fields, the Board of Trustees may proceed upon its own motion, but in so proceeding shall comply with the provisions of this chapter relating to the filing of a statement of ownership, description and location of the lot or parcel proposed to be used as a municipal parking field, filing plans and specifications for adaptation of said parcel for such use, and the holding of a public hearing, as herein provided.
D.
Applications to be filed with the Village Clerk. All applications and statements required to be made under this section shall be filed in the office of the Village Clerk and shall be open to public inspection during the hours when the office of the Village Clerk is open for business.
E.
Public hearings required. A public hearing shall be held upon all applications to establish one or more privately owned parking spaces, or a municipal parking field, upon the same notice and subject to the same conditions and provisions contained in the Village Law applicable to amending, supplementing, changing, modifying or repealing zoning regulations, restrictions and boundaries.
F.
Map to be submitted with application. In addition to the foregoing, the applicant shall submit and file with the Village Clerk upon such application a map of the proposed parking space(s), showing full particulars of entrances, exits, fences, barriers (if any), construction work and roadways to be constructed and maintained in and upon such parking space(s), which map shall also show the streets adjacent thereto.
G.
Issuance of permit and/or revocation of same. Upon the hearing, the Board of Trustees may, in the reasonable exercise of its discretion, grant or refuse such application and, if such application be granted, shall issue a permit for the construction, maintenance and operation of such parking field, for a term not exceeding one year. In the event that such parking field is not constructed and maintained within reasonably substantial compliance with the plans and specifications filed, the Board of Trustees may, upon its own motion and upon notice to the owner of such land, the proprietor of said parking field (if such proprietor be not the owner), and after due hearing, revoke such special permit. In the event of such revocation, the owner of such parking space and the occupant of such parcel of land (if the occupant be not the owner) shall forthwith discontinue and all other persons shall forthwith cease using such parcel of land for the parking of automobiles or other vehicles, and any continuation of parking automobiles or other vehicles on such parcel of land shall be deemed a violation of this chapter.
H.
Exception. This section shall not apply to the parking of automobiles, trailers, or other vehicles placed or kept inside garages.
I.
Public notice of renewal applications not required. Nothing herein contained shall require the publication of a notice of further hearings in cases where applications for renewal of special permits granted hereunder shall have fully complied with all the provisions hereinbefore stated.
§ 550-20 Required parking.
[Amended 7-25-1997 by L.L. No. 10-1997; 6-11-2014 by L.L. No. 3-2014]
A.
Parking requirements for each district shall be as listed in the annexed Schedule of Regulations[1] and shall otherwise conform to the provisions of this article. Parking spaces for one-family and for two-family dwellings may be provided in the driveway portion of the front, side, and rear yards or by garage. No more than 25% of the front yard square footage of any residential lot, including driveway, may be paved and used for parking. There shall be only one driveway for each principal residential structure and there shall be no circular driveway permitted.
[1]
Editor's Note: The Schedule of Regulations is included as an attachment to this chapter.
B.
The parking requirements set forth in this article may be provided off the premises on a separate lot where such separate lot is in common ownership with the lot on which the use is located, provided that:
C.
In each instance of a residential cooperative or condominium, or of a multiple dwelling for which a certificate of occupancy shall have been issued after January 1, 2016, each unit, whether owned or leased, shall be assigned at least one parking space for which no fee shall be charged.
[Amended 12-9-2015 by L.L. No. 9-2015]
D.
Notwithstanding any provision contained in this chapter to the contrary, including § 550-19, the parking required for a restaurant, tavern, bar and grill, discotheque, place of public assembly, drive-in restaurant, delicatessen, carry-out food establishment, catering hall or any premises which prepares, sells, or stores food may not be located upon any lot or property which is zoned for residential use.
E.
Payment in lieu of parking; Parking Trust Fund.
[Added 12-7-2022 by L.L. No. 6-2022]
(1)
Legislative intent. The Board of Trustees hereby finds that a shortage of municipal and private off-street parking exists within certain areas in the Village, including the Jericho Turnpike Overlay District and the Historic Overlay District, thus creating congestion and also causing a negative impact upon the viability of the Village's business community. The Board also finds that an alternative to obtaining a parking variance as set forth in § 550-57D(2)(b) for properties located in the Jericho Turnpike Overlay District and the Historic Overlay District will be in the best interests of the Village and will promote the health, safety and welfare of the community. Accordingly, in order to further the goal of creating future municipal and private off-street parking in the Village, the Board hereby seeks to establish a Parking Trust Fund.
(2)
Creation of parking trust fund. There is hereby created a Parking Trust Fund in the Incorporated Village of Mineola for the purpose of receiving funds paid in lieu of providing on-site parking spaces and for the further purpose of providing a source of funds for the provision of future municipal off-street parking, including the acquisition of land for that purpose.
(3)
Alternate parking variance procedure. As an alternative to obtaining a parking variance as set forth in § 550-57D(2)(b) for properties located in the Jericho Turnpike Overlay District and the Historic Overlay District, the Board of Trustees shall be authorized to grant an alternate form of relief as set forth herein. The Board of Trustees in its discretion may vary the parking requirements established in the Jericho Turnpike Overlay District and the Historic Overlay District by reducing the number of parking spaces required for a specific use or structure at the property under consideration, provided that any such relief shall only be granted subject to a condition requiring a payment to the Village of the sum of $2,000 per parking space so waived, varied or modified for deposit by the Village into the Parking Trust Fund.
(4)
Dedicated trust fund. Any moneys deposited into the Parking Trust Fund shall constitute a trust fund to be used by the Board of Trustees exclusively for municipal parking including, but not limited to, the acquisition, improvement and maintenance of land, facilities or parking equipment for said purpose.
(5)
Payment required. Payment of the required fee to the Parking Trust Fund shall be a prerequisite to the issuance of a building permit or other municipal certificate.
§ 550-21 Parking space dimensions and specifications.
Each parking space shall be paved in accordance with the Village Specification Code and shall have minimum dimensions of nine feet by 20 feet with driveways of sufficient width to afford accessibility to each parking space. All parking areas shall have sufficient self-contained drainage, adequate means of ingress and egress, asphalt paving and proper lighting.
§ 550-22 Off-street loading and unloading.
A.
B Districts. In any B District, provision shall be made for off-street loading and unloading areas. All such areas shall be located in the side or rear yard, but not within 15 feet of the side or rear lot line of the premises, and shall be constructed so as not to interfere with the flow of traffic in the streets.
B.
Hospital and M Districts. In the Hospital District and M Districts, provision shall be made on the premises for off-street loading and unloading in a location that will not interfere with accessory parking, means of ingress and egress thereto, and the flow of traffic on the streets.
C.
Dimensions of off-street loading and unloading spaces. Each space devoted to loading and unloading pursuant to this section shall be at least 15 feet in width, 25 feet in length and 15 feet in clear height for each 10,000 square feet or part thereof of floor area.
D.
Setback for loading dock and doors. No loading dock or set of doors exceeding five feet in width shall be nearer the street on which they front than 20 feet.
§ 550-23 Gasoline/diesel service stations; motor vehicle repair shops.
A. CLOSED GASOLINE/DIESEL SERVICE STATION CORNER SITE DISCONTINUED GASOLINE/DIESEL SERVICE STATION(1) (2) (3) GASOLINE SERVICE STATION MAJOR REPAIRS MINOR REPAIRS MOTOR VEHICLE REPAIR SHOP
Definitions. In addition to the definitions in this chapter, the following special definitions are applicable to this section. In the event of conflict, the following definitions shall be controlling:
A gasoline service station not open for normal business operation for a period of 30 consecutive days without Board of Trustees approval upon written application.
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.
A gasoline service station, as defined in this section and permitted by the Board of Trustees after the effective date of this section, which has become closed and which, after closing, has been adjudicated by the Board of Trustees to have been discontinued pursuant to the provisions of § 550-48 of this chapter;
An existing gasoline service station or battery and tire service station approved prior to the effective date of this section as a special use by the Board of Trustees which has become closed and which, after closing, has been adjudicated by the Board of Trustees to have been discontinued pursuant to the provisions of § 550-48 of this chapter;
An existing gasoline service station or battery and tire service station in existence at the original effective date of the Zoning Ordinance from which this chapter is derived and continuing thereafter as a nonconforming use which has become closed and which, after closing, has been adjudicated by the Board of Trustees to have been discontinued pursuant to the provisions of § 550-48 of this chapter.
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.
Major repairs permissible at a gasoline/diesel 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 permissible at a gasoline/diesel service station, including those normally accessory and incidental to the day-to-day operation of motor vehicles and to the principal activity performed upon the premises.
An establishment in which the principal activity is the performance of major repairs or minor repairs, excluding body and fender repair, collision work or painting.
B.
Conflicts with other regulations. In the event of a conflict between the provisions of this section and other provisions of this chapter, the provisions of this section shall control.
C.
New gasoline/diesel service stations.
(1)
Where permitted. New gasoline/diesel service stations and motor vehicle repair shops may be permitted in the B-1 District and the M District when approved as a special use by the Board of Trustees after public hearing.
(2)
Permitted special uses. Upon approval of the Board of Trustees of a gasoline/diesel service station or motor vehicle repair shop, a building or structure may be erected, altered or used and a lot or parcel may be used for any of the following purposes and for no other:
(a)
A gasoline/diesel service station and accessory structures and appurtenances such as gasoline pumps and storage tanks.
(b)
Major repairs when performed within the principal building. Major repairs which are performed upon the premises but outside the principal building shall require a special permit of the Board of Trustees after public hearing.
(c)
Minor repairs.
(d)
Parking and storage areas as specified in this article.
(e)
Signs as specified in this article.
(f)
Display of merchandise as specified in this article.
(g)
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 Board of Trustees.
(3)
Prohibited uses. The following uses shall be prohibited in all gasoline/diesel service stations and motor vehicle repair shops:
(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 where a special use permit has been granted by the Board of Trustees after public hearing.
(d)
Sale, lease, rental, storage or display of new or used motor vehicles.
(e)
Commercial parking, except when permitted by special use permit of the Board of Trustees after public hearing.
(f)
The storage of motor vehicles for a period in excess of 72 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.
(h)
Any repairs to motor vehicles performed off the premises.
(4)
Regulations.
(a)
Area and bulk. No gasoline/diesel 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]
Gasoline pumps. The number of permitted gasoline-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 feet in height as measured from the average finished grade abutting said building, structure or equipment.
[5]
Height. No building, structure, pump or other equipment shall exceed 18 feet in height as measured for the average finished grade abutting said building, structure or equipment.
[6]
Depth. The lot shall have a depth of not less than 100 feet.
(b)
Yards and setbacks. No gasoline/diesel service station or motor vehicle repair shop shall be erected or operated except in compliance with the following requirements:
[1]
Front setback. All buildings and structures, except gasoline 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 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 gasoline pumps. All gasoline pumps and islands shall be located at least 25 feet from any street property line and at least 25 feet from any sideline or rear property line.
(c)
Amenities and design. No gasoline/diesel service station or motor vehicle repair shop shall be erected or operated except in compliance with the following requirements:
[1]
Paving. All open spaces shall be composed of a permanent surface of concrete or asphalt.
[2]
Curbs. Street curbs shall be installed in adjoining streets. A raised curb of at least six inches in height shall be erected along all street property lines except for driveway openings.
[3]
Sidewalks. All sidewalk areas shall be paved with concrete.
[4]
Distance between gasoline pumps. The maximum distance between two pumps on an island shall be 10 feet.
[5]
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.
[6]
Trash. No trash shall be kept or stored in any open spaces.
[7]
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.
(d)
Circulation and safety. No gasoline/diesel service station or motor vehicle repair shop shall be erected or operated except in compliance with the following requirements:
[1]
Interior circulation. All buildings and structures, including gasoline 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 driveway 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°.
(e)
Operation and supervision.
[1]
Gasoline/diesel service stations and motor vehicle repair shops shall be supervised by the owner or employee of the owner of said service station at all times when the station is open for operation.
[2]
The installation and use of coin-operated or self-service-operated gasoline-dispensing pumps is prohibited. Gasoline-dispensing pumps may only be operated by the owner or qualified employees of the gasoline/diesel service station.
[3]
All new gasoline/diesel service stations which perform minor repairs 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/diesel service station is open for business.
(5)
Additional requirements for special use permit. In addition to the other requirements of this chapter, the application for a special use permit for a new gasoline/diesel service station or motor vehicle repair shop shall show the following:
(a)
The locations, names and existing widths of adjacent streets and curblines.
(b)
A statement that no gasoline/diesel service station, motor vehicle repair shop or existing gasoline service 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/diesel service stations, motor vehicle repair shops or existing gasoline service 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.
D.
Existing gasoline/diesel service stations.
(1)
All existing gasoline/diesel service stations and motor vehicle repair shops may be continued as provided in this section and not otherwise.
(2)
All accessory uses on the premises of an existing gasoline/diesel service station or motor vehicle repair shop which are not permitted as accessory uses pursuant to this chapter shall be permitted to remain in existence for five years from the effective date of this section and shall be removed thereafter, unless a special use permit shall be granted by the Board of Trustees after public hearing.
(3)
A special use permit shall be issued for the alteration of an existing gasoline/diesel service station or motor vehicle repair shop, its premises, building or appurtenances or for the enlargement of any existing use after Board of Trustees approval and following a public hearing in accordance with this chapter and the laws of the Village of Mineola. In such case, the Board of Trustees may impose safeguards and conditions as it may deem appropriate, necessary or desirable to promote the spirit and objectives of this chapter, including, but not being limited to, covenants and agreements in recordable form and running with the land.
(4)
If, for a continuous period of six months, an existing gasoline/diesel service station or motor vehicle repair shop 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 Board of Trustees, 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 and upon a determination by the Board of Trustees upon the conclusion of such public hearing that such closed gasoline/diesel service station or motor vehicle repair shop is a blight upon adjoining and surrounding properties. In arriving at the determination that such service station or repair shop is a blight as aforesaid, the Board of Trustees shall consider whether such removal will promote the purpose of securing community safety from fire, crime and other dangers, of promoting and preserving the value of the land and buildings within the Village and of encouraging the most appropriate use of land throughout the Village.
(5)
Permitted uses. An existing gasoline/diesel service station may be maintained for any of the following purposes and for no other:
(a)
A gasoline/diesel service station and accessory structures and appurtenances such as gasoline pumps and storage tanks.
(b)
Major repairs when performed within the principal building. Major repairs which are performed upon the premises but outside the principal building shall require a special use permit of the Board of Trustees after public hearing.
(c)
Minor repairs performed upon the premises.
(d)
Parking and storage areas as specified in this article.
(e)
Signs as specified in this article.
(f)
Display of merchandise as specified in this article.
(g)
Retail sale of products other than gasoline, oil, grease and other petroleum products related to the servicing of motor vehicles when specifically permitted by special use permit of the Board of Trustees.
(6)
Prohibited uses. The following uses shall be prohibited in all existing gasoline/diesel service stations:
(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 of an exterior wall of the principal building where a special use permit has been granted by the Board of Trustees after public hearing.
(d)
Sale, lease, rental, storage or display of new or used motor vehicles.
(e)
Commercial parking, except when permitted by special use permit of the Board of Trustees after public hearing.
(f)
The storage of motor vehicles for a period in excess of 72 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.
(h)
Any repairs to motor vehicles performed off the premises.
(7)
Additional requirements. All existing gasoline/diesel service stations shall operate in compliance with the following requirements:
(a)
Sidewalks. All sidewalk areas shall be paved with concrete.
(b)
Trash. No trash shall be kept or stored in any open spaces.
(c)
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.
(d)
Interior circulation. All buildings and structures, including gasoline 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.[1]
(e)
Gasoline service stations shall be supervised by the owner or employee of the owner of such service station at all times when the station is open for operation.
(f)
The installation and use of coin-operated or self-service-operated gasoline-dispensing pumps is prohibited. Gasoline-dispensing pumps may only be operated by the owner or qualified employees of the gasoline service station.
(g)
All existing gasoline/diesel service stations which perform major or minor repairs 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.
(h)
The removal of underground tanks at existing gasoline/diesel service stations for replacement with tanks constructed of corrosion-resistant materials, provided that such removal and replacement will not result in an increase of storage volume, shall not require a public hearing. Inspections, fees and permits therefor shall all be governed in the same manner as new underground tank installations.
§ 550-24 (Reserved) [1]
[1]
Editor's Note: Former § 550-24, Fees for commercial parking permits, was repealed 12-14-2016 by L.L. No. 6-2016.
§ 550-25 Outdoor display and sale of new and used vehicles.
A.
Special use permit required. No property shall be used for a parking space or field for the display, sale or rental of new or used vehicles or motor vehicles until a special use permit has been granted by the Board of Trustees of the Village of Mineola permitting said use upon the property.
B.
Uses granted only after public hearing. Such permission shall be granted by the Board of Trustees only after a public hearing upon due notice pursuant to this chapter and the other provisions of the Village of Mineola Municipal Code.
C.
Application to be submitted. Each application shall be made in writing by the owner of the lot or parcel of land upon which such use is applied for, and each application shall state:
(1)
The name of the owner and whether such land is to be occupied and used by the owner, lessee or other occupant.
(2)
General statement of the location of the property and of the classification of the district in which such lot or parcel is located.
(3)
A survey showing the boundary of such parcel, together with the size of such parcel by metes and bounds.
(4)
A suitable drawing showing any buildings upon such property or to be erected thereon and/or other structures.
(5)
A description of the surfacing of such property and any and all entrances and exits to such property.
D.
Minimum lot size. No special use permit shall be issued for any lot or parcel smaller than 100 feet in length and 100 feet in width and having a total area of less than 10,000 square feet.
E.
Building required. No special use permit shall be issued unless there is upon the property, or to be erected upon the property, a building containing at least 400 square feet of floor space on the ground floor and conforming to all the provisions of the Village of Mineola Municipal Code.
F.
Repair work to be done inside building. On any lot or parcel used for the sale and display of new or used motor vehicles, no repair work shall be permitted except such repair work as may be done inside of any building on such lot or parcel.
G.
Lot to be paved. Any lot or parcel used for the sale or display of new or used vehicles shall be paved with either asphalt or concrete finish for a distance of 40 feet from any street abutting the lot or parcel.
§ 550-26 Setbacks for road widening or improvement purposes.
[Amended 5-1-1991 by L.L. No. 7-1991]
Wherever the state, county, Village or other municipal corporation has established a setback line for road widening or other public improvement purposes, then, in that event, no building shall extend beyond such setback line established by such authority.