Before any permit is issued for a conditional use, application shall be made to the Land Use Board. In reviewing the application, the Board shall review the number of employees or users of the property and the requirements set forth in this chapter, and shall give due consideration to any elements which would affect the public health, welfare, safety, comfort and convenience, such as but not limited to the proposed uses, the character of the area, vehicular travel patterns and access, pedestrian ways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities , signs and structural locations and orientations. The Board shall conduct a public hearing with notice on the application. A conditional use shall be deemed to be a permitted use in the zoning district in which it is located, and each conditional use application shall be considered as a separate and individual case regardless of prior application approvals. In all applications for approval of a conditional use, the burden of proof shall be on the applicant. All conditional uses shall require site plan approval or amended site plan approval.

The Land Use Board shall not approve a conditional use unless it finds that the use meets all the requirements of this chapter.

The nearest boundary line of the lot or parcel of land to be so used shall be at least 300 feet from any boundary line of property which is used as or upon which is erected:

Mixed use. No part of any public or gasoline service station, wherever located, shall be used for any other purpose.

Minimum lot area and frontage. The minimum lot area shall be 10,000 square feet and the minimum street frontage of said lot shall be 100 feet. If a public garage or gasoline service station is located on a corner lot, the minimum street frontage on each street shall be 100 feet.

Entrance and exit driveways. Entrance and exit driveways for a public garage or gasoline service station shall have an unrestricted width of not less than 16 feet nor more than 24 feet, shall be located not nearer than 10 feet from any lot line and shall be designed to avoid the necessity of any vehicle exiting the site by backing out across any public sidewalk, street, highway, right-of-way or portion thereof.

Paving requirements. The area of all driveways and other areas over which motor vehicles are intended to be driven or parked shall be paved with a bituminous or concrete surface meeting the specifications as set forth in Chapter 171, Land Subdivision and Site Plan Review.

Outdoor repair prohibited. All services or repairs to or for motor vehicles, other than the filling of tires or the sale of gasoline or oil, shall be conducted within the confines of a building. Any vehicles stored outside overnight shall be so stored as to meet the provisions of § 172-22 of this chapter.

Storage of flammable materials. Storage facilities for gasoline, oil or other flammable materials shall be located wholly underground and not nearer than 35 feet from any lot line other than any street sideline. No gasoline or fuel pumps, multiproduct dispensers, oil or lubrication mechanisms or other service appliances installed for use at such premises shall be within 35 feet of any street sideline and no gasoline or fuel pump or multiproduct dispenser shall be located or permitted within any enclosed or semi-enclosed building other than an overhead canopy designed to protect the pump islands and aprons from the elements. No liquid petroleum products or other flammable material shall be stored within a building except in conformance with the provisions of Chapter 139, Fire Prevention and Protection, of the Code and Chapter 140, Hazardous Materials, of the Borough of Rockaway.

Those portions of all front, rear and side yards that are not used for off-street parking, traffic circulation, pump islands or other necessary site improvements shall be attractively planted with trees, shrubs, plants and grass lawns as approved by the Land Use Board.

Parking areas shall not be permitted in the required front yard and shall not be located closer than 10 feet to any building nor 25 feet from any side or rear property line.

Buffering shall be provided as follows:

Expansion of existing public garages or gasoline service stations. No permit for the reconstruction, modernization, alteration or expansion of any existing public garage or gasoline service station shall be issued except upon compliance by the applicant with all the provisions of this chapter.

No waste material whatsoever shall be discharged into any watercourse or storm drainage system.

No liquid petroleum products or other flammable material shall be stored aboveground out-of-doors.

No building shall exceed the height limit of its zone district except as provided in § 172-19.

The lot area and all yard and setback requirements of the zone district shall be met; provided, however, that no yard shall be less than the height of the facility.

Off-street parking and loading shall be provided in accordance with §§ 172-114 through 172-119.

The use of any premises for the operation of amusement machines as a conditional accessory use in the H-C Highway Commercial District shall only be permitted as provided in § 172-74.