[Added 6-17-1963]
No building or premises shall be used as a gasoline
service station and no building shall hereafter be erected or altered
for use as a gasoline service station irrespective of the use district
within the Village of Farmingdale in which the same may be located,
except upon compliance with the provisions of this article or unless
such use is permitted within such district.
A.
No building or premises shall be used as a gasoline
service station and no building shall hereafter be erected or altered
for use as a gasoline service station unless a special use permit
therefor shall have been approved by the Board of Trustees of the
Village of Farmingdale after a public hearing. Each applicant for
such special use permit shall at the time of the filing of such application
pay to the Clerk-Treasurer of the Village a filing fee as shall be
set from time to time by resolution of the Board of Trustees, with
a schedule of such fees to be maintained by the Village Clerk-Treasurer,
which fee shall be in addition to the fees for a building permit otherwise
prescribed by ordinance of the Village of Farmingdale.[1]
B.
Upon such application, the applicant shall submit
a survey of said premises by a duly licensed surveyor, indicating
the area of the premises upon which the gasoline service station is
proposed to be erected or altered, and a proposal plan showing the
location of the building or buildings, the location of tanks, pumps
and accessory structures and the location of curb cuts, ingress and
exit lanes, utility areas and such other information as may be required
by the Board of Trustees.
No gasoline service station hereafter erected
or altered shall be more than one story in height.
The required front yard shall be not less than
50 feet in depth, and in the case of a corner lot the required front
yard along each street shall be not less than 50 feet in depth, provided,
however, that the Board of Trustees may permit the location of tanks
and pumps within such required front yard. No gasoline pumps shall
be located nearer than 25 feet to the front street line.
The total width of both side yards shall not
be less than 60 feet. Said total width shall be divided between both
side yards in such proportion as may be determined by the Board of
Trustees.
There shall be a required rear yard which shall
have a minimum depth of 35 feet.
The building area shall not exceed 20% of the
lot area.
The total plot area shall not be less than 12,500
square feet and such plot shall have a continuous street frontage
on the street on which said gasoline service station fronts of not
less than 125 feet.
All areas designed or used for vehicular traffic
shall be paved, which pavement shall consist of 4 1/2 inches
of stone base topped with 1 1/2 inches asphaltic concrete, or
pavement of equal quality approved by the Board of Trustees. All traffic
lanes shall be painted so as to indicate the direction of travel and
shall be so maintained.
No premises shall be used as gasoline service
station and no building shall hereafter be erected or altered so as
to be used for such purposes unless a drainage plan providing for
the collection, storage and disposal of stormwater runoff from the
site has been approved by the Board of Trustees and such drainage
is installed and maintained in accordance with such plan. All utility
areas shall be provided with adequate light for safety purposes. Lights
shall be so installed and maintained as not to shine in adjacent properties.
In determining the location of buildings, accessory structures, utility
or other areas, the Board of Trustees may require a buffer strip between
any such buildings, accessory structures, utility or other areas and
the front, rear or side lot lines, together with such screening and
or fencing as the Board of Trustees may designate. Failure to maintain
such buffer strip, planting and or fencing shall be deemed a violation
of any certificate of occupancy issued pursuant to this section.
No building shall hereafter be erected or altered
so as to be used for a gasoline service station unless the same shall
be provided with public water service adequate for both domestic usage
and fire protection, and standpipes and other devices to insure adequate
fire protection as determined by the Board of Trustees shall be installed
and maintained.
No gasoline service station may be situated
upon premises which shall be within 500 feet of other premises then
lawfully being used as a gasoline service station.
No building or premises may be used as a gasoline
service station if any vehicular entrance to or exit from such premises
or building is situated within 200 feet, measured in the line of normal
pedestrian traffic, from an exit from or entrance to a public school,
public school playground, a hospital maintained as a charitable institution,
a public library or public museum. This protection shall apply to
elementary, junior high or high schools maintained by the public authorities
or registered under regulations prescribed by the Board of Regents,
and to playgrounds for such schools and also to schools and playgrounds
maintained by any established religious group.
A.
No outside
storage of materials or products sold or used in connection with the
business conducted on the premises shall be permitted, and no outside
repairs shall be made. No motor vehicles which have been totally or
partially destroyed, wrecked, demolished or disassembled shall be
parked or repaired outside of the building or buildings on said premises.
On all applications for a special use permit
pursuant to the provisions of this article, the Board of Trustees,
in making its determination, may, prior to such determination, refer
the same to the Planning Board of the Village of Farmingdale for recommendations,
which recommendations shall be advisory only. The requirements set
forth in this article shall be deemed minimum requirements and compliance
therewith shall not be deemed to require the granting of a special
use permit for a gasoline service station. The Board of Trustees,
in making its determination, shall, in addition to the requirements
set forth in this article, also consider all other applicable statutes,
laws, ordinances and regulations affecting the construction and maintenance
of a gasoline service station within the Village of Farmingdale, including
the state Uniform Fire Prevention and Building Code, as amended,[2] governing the storage of gasoline, petroleum or shale oil or the liquid products thereof, and the health, safety, convenience and general welfare of the Village of Farmingdale, together with the standards set forth in §§ 600-221 and 600-222 of this chapter, and, as a condition of approval, may require such changes, modifications or additions to the plans and specifications as it may deem necessary to secure compliance therewith.
All sections of this chapter heretofore enacted
and expressly in conflict with the provisions of this article are
hereby repealed; provided, however, that the adoption of this article
shall not render unlawful the use or construction of any premises
or building for which a building permit has been issued prior to the
adoption of this article and which permit remains in force and effect
subsequent to the adoption thereof.
As used in this article, the following terms
shall have the meanings indicated:
A building used for the servicing and repair of motor vehicles,
irrespective of whether or not motor vehicles are stored, parked or
garaged upon the premises.
