[Amended 3-6-2006 by Ord.
No. 5-2006]
A public garage or motor vehicle service station,
while necessary, may be inimical to the public safety and welfare
if located without due consideration of conditions and surroundings.
No permit for such use shall be issued for any district other than
the VB District and then only after a permit authorizing such use
is first obtained from the Zoning Officer as hereinafter provided.
Any person desiring to use any premises or to
erect, construct or alter any new or existing building or structure
arranged, intended or designed to be used as a service station shall
make application, in writing, to the Planning Board by filing the
same with the Secretary of the Board. Such application shall set forth
the following information and shall be accompanied by such papers
or documents which shall contain the following:
B.
The location, type or kind of structure and the present
uses, if known, of all buildings within 300 feet of the boundary lines
of the premises.
C.
Application shall be made by either the legal or equitable
owner.
D.
Where the applicant is a person other than the owner
of the premises, the written consent of such owner authorizing the
filing of the application.
[Amended 9-7-1993 by Ord. No. 5-1993]
Upon the finding that such application is complete,
according to the appropriate checklist, the Planning Board shall fix
a date and place for a public hearing to be held on the application.
If, after considering the evidence submitted at such hearing, the
location and physical characteristics of the premises, building or
structure intended to be used as a service station and other hazards,
existing conditions and surroundings, the Planning Board shall find
that such proposed use will not be detrimental to the health, safety
and general welfare of the public, it shall grant the application
and shall make and enter its order directing the Zoning Officer to
issue a permit in accordance with the application.
Anything in this chapter to the contrary notwithstanding,
the Planning Board shall not order, direct or authorize the issuance
of a permit to use any building, structure or premises as or for a
service station unless the plot plan shows that:
A.
The lot or parcel of land so to be used has a street
frontage of at least 120 feet.
B.
The entrance and exit driveways are at least 15 feet
wide, but not more than 25 feet wide, and 10 feet from the adjoining
property line and at least 50 feet from the corner or intersecting
public streets.
C.
Every gasoline or oil tank, pump, lift and filling,
greasing or other device, appliance or apparatus is located at least
30 feet from any street line and at least 20 feet from any boundary
line of property which is used as or upon which is erected:
(1)
A public or private school.
(2)
A church or other place of worship.
(3)
A hospital.
(4)
A public library or other public building.
(5)
A theater or other building or structure used or intended
to be used for motion pictures, theatrical productions or for public
entertainment.
(6)
A public playground or civic center.
(7)
A firehouse or fire station.
(8)
An existing service station.
The purpose of this article is to set forth
a complete and comprehensive scheme or orderly procedure for obtaining
from the Planning Board permits for the use of lands and premises
as service stations as a conditional use.
