§ 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;

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a parcel possessing a minimum street frontage of 70 feet, which subsection immediately followed this subsection, was repealed 11-29-1994 by L.L. No. 30-1994.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.