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It seems like just about every gas station is now selling food and other products for the convenience of shoppers. However, combining these uses often creates special needs. We offer sample legislation, mostly in the form of zoning amendments, that includes a definition, dimensional requirements, permitted and secondary uses and regulations on access drives, landscaping, lighting and signs. Restrictions on hours of operation are also included. If your community is in need of such legislation, please feel free to call or write for your free copies.

Babylon, T. NY: Ch. 213, Art. XXXV

Honeoye Falls, V. NY: Ch. 97

Red Lion, B. PA: Sec. 215-81

Brecknock, Twp. PA: definition of "convenience store" in Sec. 110-7

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Babylon, T. NY

§ 213-419. Legislative intent.

Gasoline service stations are a necessity for the continued economic function of the town. However, responsible legislation is necessary to properly integrate such stations into the local community and the town's land use patterns and to regulate station development and design to preserve and advance the public health, safety and welfare. The Town Board seeks to regulate the location, design and use of current and future gasoline service stations. The regulations are intended to conserve property values, create a more attractive and effective economic and business climate, prevent blight, encourage the most appropriate use of current and future gasoline station sites, improve the aesthetic environment of the town and fully integrate gasoline service stations into the community.

§ 213-420. Definitions.

As used in this Article, the following terms shall have the meanings indicated:

AUTOMOTIVE ACCESSORY ITEMS -- Products directly related to the maintenance of vehicles designed and/or employed, in whole or in part, for travel upon public and private roadways, such as oil, transmission fluid, brake fluid, polish, wax, fuel additives and treatments, wipers, tires, batteries, windshield wiper fluid, cleaning fluids and/or substantially similar items.

CONVENIENCE STORE -- An establishment offering the retail sale of household consumer merchandise. A maximum size for a "convenience store" shall be one thousand five hundred (1,500) square feet and eight hundred (800) square feet of retail area or such smaller size as the Planning Board determines is suitable to the subject property and surrounding community.

FUELING POSITION -- A location at which a single vehicle may be fueled from a product dispenser. The number and precise location of "fueling positions" presented on any site plan shall be determined by the Planning Board.

GASOLINE SERVICE STATION -- Any establishment in which the sale or storage of automotive fuel is the principal activity and/or constitutes a substantial or significant portion of the goods offered and/or services rendered.

KIOSK -- A building no larger than ten (10) feet in height and one hundred forty-four (144) square feet in floor space which is employed exclusively for the retail sales transaction of automotive fuel, kerosene and automotive accessory items and/or storage. If a "kiosk" constitutes the principal building on site, a maximum size of three hundred (300) square feet of floor space may be constructed.

MAJOR COMMERCIAL THOROUGHFARE -- As employed in this Article, designated as any roadway possessing a state and/or county route number. A roadway possessing a state and/or county route number for a portion of its course shall be considered a "major commercial thoroughfare" only with regard to such portion.

MINOR REPAIRS -- Aside from the sale of automotive fuel, kerosene and automotive accessory items, incidental maintenance of a vehicle, such as the addition of vehicular fluids, replacement of wiper blades or substantially similar activity.

PRODUCT DISPENSER -- A device which dispenses automotive fuel and/or kerosene. A "product dispenser" may contain multiple hoses or be capable of serving more than one (1) fueling position simultaneously.

PUBLIC GARAGE -- A building or portion thereof, other than a private garage, designed or used for equipping, repairing, renting, parking or storing motor vehicles.

PUMP ISLANDS -- A concrete platform measuring a minimum of six (6) inches in height from the paved surface on which product dispensers are located.

1. No premises may be employed as a gasoline service station except in conformance with this Article.
2. There is hereby established a Gasoline Service Station Overlay District, superimposed on parcels which meet the following criteria:
1. The parcel is located at intersections along major commercial thoroughfares or is located at intersections or mid-block along the service road of Sunrise Highway.
2. The underlying zoning classification for the parcel is E, Ea, Eb, G, Ga, GB and/or H.
3. The parcel possesses the minimum lot area required for the zoning district in which the parcel is located.

4. The parcel possesses a minimum street frontage of one hundred (100) feet along the abutting major commercial thoroughfare and seventy-five (75) feet along any other abutting thoroughfare.
5. The parcel does not exist within two thousand (2,000) feet of a parcel containing a currently operating gasoline station, a parcel which has been formerly employed as a gasoline station and which may still enjoy any right to reopen as such or for which a building permit for the construction of a gasoline service station has been issued and remains in effect. However, an exception shall exist for parcels existing on other corners of the same intersection.

§ 213-422. Permitted uses.

1. Any parcel employed as a gasoline service station shall be prohibited from conducting any use and/or operation except:
1. The storage and retail sale of automotive fuel and kerosene.
2. The retail sale of automotive accessory items.
3. Minor repairs.
4. The retail sale of over-the-counter consumer merchandise which shall be limited to twelve (12) square feet of display area.
5. A secondary use(s) duly approved as a special exceptions.
2. Further, in addition to other nonpermitted uses, the following activities shall be strictly prohibited on any parcel containing a gasoline service station:
1. The sale, lease, storage or display of new or used vehicles. However, the outdoor storage of a vehicle awaiting minor repairs is permissible in designated areas for a period of not more than twenty-four (24) hours.
2. Outdoor storage and/or display of new and/or used automobiles, boats, automobile parts or other merchandise except for small sample displays of automotive accessory items, not including batteries or tires located adjacent to the principal building or on the pump islands.
3. Any outdoor use involving fire, sparks or a high level of heat, or any use involving fuel from portable fuel tanks.
4. The sale and/or display of any merchandise out of a trailer or truck.
5. Junkyards and/or parts scavenging services.
6. Outdoor storage and/or display of vending machines, except those located directly adjacent to the walls of the principal building. A total number of four (4) vending machines shall be permitted per site. Vending machines shall not include public telephones, volumes and/or air dispensers.

§ 213-423. Secondary uses.

1. Secondary uses(s) shall be permitted only as a special exception granted pursuant to § 213-13. Such secondary uses shall be limited to:
1. Public garages, as duly granted by the Zoning Board of Appeals.
2. Facilities for washing and/or waxing vehicles, as duly granted by the Planning Board.
3. Convenience stores, as duly granted by the Planning Board.
2. In order to apply to conduct one (1) or more secondary uses on any new gasoline service station, such gasoline service station must contain a minimum lot area of twelve thousand five hundred (12,500) square feet. In the case of four (4) existing gasoline service stations which contain a minimum lot area of less than twelve thousand five hundred (12,500) square feet, but more than seven thousand five hundred (7,500) square feet, any application to conduct a secondary use shall be limited to one (1) secondary use.
3. The Zoning Board of Appeals and the Planning Board shall have the authority to impose such reasonable conditions and restrictions as are related to and incidental to the proposed special exception use(s). 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.

§ 213-424. Dimension requirements.

Any parcel within the Gasoline Service Station Overlay District Zone must conform to the following restrictions:

1. There shall be a front yard along each thoroughfare. There shall be a rear yard, which shall be designated as the yard opposite the major commercial thoroughfare. Each other yard shall be designated a side yard.
2. There shall be a minimum front yard setback of fifteen (15) feet along each front yard, with the exception of canopies, which must be set back a minimum of ten (10) feet.
3. There shall be a minimum side yard and rear yard setback of ten (10) feet for each side yard and each rear yard. However, if the parcel borders a residential district or property employed for residential use, there shall be a minimum side yard or rear yard setback of twenty-five (25) feet along each such side yard and/or each rear yard.
4. No building shall be greater than one (1) story or twenty-five (25) feet in height. No structure shall be greater than twenty (20) feet in height, exclusive of freestanding ground signs to which the provisions of Article XXXIII shall apply.
5. The principal building shall occupy no more than fifteen percent (15%) of the lot. If a secondary use is performed on the site, the principal building shall occupy no more than twenty-five percent (25%). There shall be a total building area limit of thirty percent (30%). However, the area covered by any canopy shall not be included, provided that the canopy covers only the pump islands, product dispensers, fueling positions, kiosk and/or the area between the fueling positions and the principal building.
6. Fuel tanks shall be set back a minimum of ten (10) feet from any building and/or structure, including the product dispensers and pump islands. Fuel tanks shall be set back a minimum of fifteen (15) feet from any property line and/or any right-of-way.
7. All product dispensers shall be setback a minimum of twenty (20) feet from any other product dispenser located on parallel pump islands, as well as from the primary building and any building containing any secondary use. Such distance shall be measured from pump island to parallel pump island, and from pump island to the curbing surrounding the building or to the building itself, whichever is nearer. However, product dispensers need only be set back four (4) feet from a kiosk located on the same pump island.
8. All product dispensers shall be located a minimum of twenty (20) feet from all product dispensers located along the same line of vehicular flow. Such distance shall be measured from center of product dispenser to center of product dispenser.
9. If kerosene is sold on premises, the service pump dispensing kerosene shall dispense kerosene and/or diesel fuel only.

§ 213-425. Buffers and landscaping.

1. The minimum landscaped area shall be a ten-foot wide suitably planted strip running along the front yards of the site. The Planning Board shall have authority to waive or reduce the requirement in approving any site plan, provided that an equivalent area is added to landscaping elsewhere and not otherwise required on site, and the Planning Board finds that such action would further the interests of this chapter and Chapter 186, Site Plan Review.
2. There shall be a planted buffer along the border with any parcel zoned or employed for residential purposes. The planted buffer shall be a minimum of ten (10) feet wide and shall contain evergreens which are at least six (6) feet in height when planted and set approximately six (6) feet apart. There shall also be a six-foot-high fence of type and design as set by the Planning Board during site plan review. However, if fencing is placed within twenty (20) feet of any right-of-way, said fencing shall be four (4) feet in height and said evergreens planted and maintained at four (4) feet in height.

§ 213-426. Parking and vehicular access.

1. Driveways shall be offset a minimum of twenty-five (25) feet from grading or point of intersection with any right-of-way and offset ten (10) feet from any adjourning property at the curbline.
2. A parcel which contains no secondary uses shall provide one (1) parking space for each two hundred (200) square feet, with a minimum of three (3) parking spaces. A parcel which contains a convenience store shall provide one (1) parking space for each two hundred (200) square feet, with a minimum of four (4) parking spaces. A parcel which contains a public garage shall provide one (1) parking space per two hundred (200) square feet, with a minimum of five (5) parking spaces. A parcel which contains a convenience store and public garage shall provide one (1) parking space per two hundred (200) square feet, with a minimum of six (6) parking spaces. A fully automated car wash shall not require any additional on-site parking. However, a fully automated car wash must provide vehicular stacking spaces in number and layout deemed appropriate by the Planning Board, but in no event fewer than two (2) spaces outside the entrance.
3. There shall be a minimum of one (1) driveway per front yard and a maximum of two (2) driveways per front yard and four (4) driveways per site. Any one-way driveway shall be fourteen (14) feet in width.

§ 213-427. Fueling positions.

There shall be at least one (1) full-service fueling position for each grade of gasoline or other alternative fuel offered. Said full-service fueling position shall be operated solely by station employees, shall be suitably identified and shall be open from 7:00 a.m. through 7:00 p.m., unless the station opens later or closes earlier, in which case full service shall be offered from the time the station opens or until the station closes, respectively.

§ 213-428. Lighting.

Any and all lighting shall be designed to shine away from any other property and/or be suitably shielded. No more than one (1) footcandle from any and all lighting shall intrude into residentially zoned or employed property measured ten (10) feet onto the residentially zoned or employed property.

§ 213-429. Signs.

The following criteria shall exist as additional requirements on any sign erected or maintained in any gasoline service station:

1. The price/grade signs must at all times accurately reflect the actual price of automotive fuel and kerosene being offered for sale.
2. Signs bearing the corporate insignia and/or brand name of the gasoline sold and/or type of services available on site (i.e., full-service and/or self-service), shall be the only signs permitted on the canopy.
3. Signs affixed to or incorporated into the canopy shall not face residentially zoned and developed properties.
4. One (1) additional sign, measuring no larger than twenty-four by twenty-four (24 x 24) inches or four (4) square feet, and having a depth of no more than one (1) inch, shall be allowed at each product dispenser which identifies said product dispenser and/or pump island as providing full service and/or self-service.

§ 213-430. Alteration of certain nonconforming gasoline service stations.

1. 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 one hundred twenty-five (125) feet of frontage along the major commercial thoroughfare;
3. The parcel is not less than seven thousand five hundred (7,500) square feet in area and located at an intersection along a major commercial thoroughfare or possesses ten thousand (10,000) square feet and is located mid-block along a major commercial thoroughfare;
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.
2. 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.

§ 213-431. Discontinuation of permitted gasoline service stations.

1. Should the use of any parcel as a gasoline service station in a Gasoline Service Station Overlay District cease or be discontinued for six (6) months or more or be abandoned for thirty (30) days or more, the parcel's underlying zoning classification shall be deemed operative.
2. Any building and/or structure related to the use as a gasoline service station, including but not limited to fueling dispensers, storage tanks, freestanding ground signs, canopies and kiosks, shall be removed within thirty (30) days after such cessation or discontinuance. However, such shall not be deemed to require the removal of any building and/or structure which may be converted to a legal conforming use, provided that such conversion is significantly initiated within thirty (30) days of cessation or discontinuance and is completed within six (6) months. An extension of the time frames set forth in this subsection, not to exceed an additional one (1) year, may be granted by the Zoning Board of Appeals for good cause shown.

§ 213-432. Discontinuation of nonconforming gasoline service stations.

1. Should the nonconforming use of any parcel as a gasoline service station cease or be discontinued for six (6) months or more or be abandoned for thirty (30) days or more, such nonconforming use shall be deemed to have expired and may not be reinstated.
2. Any building and/or structure relating to the use as a gasoline service station, including but not limited to fueling dispensers, canopies, storage tanks, freestanding ground signs and kiosks, shall be removed within thirty (30) days as to such cessation or discontinuance. However, such shall not be deemed to require the removal of any building and/or structure which may be converted to a legal conforming use, provided that such conversion is significantly initiated within thirty (30) days of cessation or discontinuance and completed within six (6) months. An extension of the time frames set forth in this subsection, not to exceed one (1) year, may be granted by the Zoning Board of Appeals for such causes shown.
3. Any building or structure which has been damaged by fire or other cause to the extent of more than fifty percent (50%) of its value, exclusive of foundations, or fifty percent (50%) of its total building area shall be repaired or rebuilt only in conformity with the regulations of this chapter and the Building Code and all other applicable laws, rules and regulations.

§ 213-433. Severability; higher standards to prevail.

1. The provisions of this Article are severable. If any clause, sentence, paragraph, section, word or part of this Article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, word or part thereof directly involved in the controversy in which such judgment shall have been rendered. The invalidity of any word, clause, sentence, paragraph, section or part of this Article shall not affect the validity of any other part of this Article which can be given effect without such invalid part or parts.
2. If any portion of this Article is found to be in conflict with any other provision of any other local law or ordinance of the Code of the Town of Babylon, the provision which establishes the higher standard shall prevail.

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Honeoye Falls, V. NY

Fire prevention -- See Ch. 70. Zoning -- See Ch. 190.

§ 97-1. Findings.

The Board of Trustees finds that there is a danger to the health, safety and general welfare of the residents of the village posed by the operation of certain filling stations/convenience stores during late evening and early morning hours where such stations abut or are in close proximity to residentially zoned properties. The Board has received a continuous series of complaints in recent years, which it finds to be justified, from homeowners in residential districts located near filling stations/convenience stores in the village, regarding noise, both from persons and automobiles, vandalism and excessive traffic flow during the early morning hours, all emanating from filling stations/convenience stores. In weighing the extreme irritation, inconvenience, diminution of property values and danger to person and property, which homeowners and their families have experienced and are experiencing as a result of early morning filling stations/convenience stores' operations against the relatively minor inconvenience that would be caused to said establishments if they were required to close to the public for a few hours in the early morning, the rights of the filling stations/convenience stores are outweighed by the rights of citizens in the residential areas to the quiet, peaceful and undisturbed enjoyment of their homes, particularly during the early morning hours. Accordingly, the Board finds that regulation of the hours of operation of filling stations/convenience stores located in close proximity to residences will be in the public interest and will better serve to protect the health, safety, welfare, good order and governance of the village.

§ 97-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

FILLING STATION/CONVENIENCE STORE -- An establishment or business selling or offering for sale or providing to the public gasoline and other related motor vehicle products and food, beverages, beer, cigarettes and other related items.

It shall be unlawful and a violation of this chapter for the owner, lessor, lessee or operator of any filling station/convenience store located in the village on a lot that is within five hundred (500) feet of any other lot in the village which is legally used for single or multiple dwellings, under the provisions of Chapter 190, Zoning, of the Honeoye Falls Village Code, to sell, operate or transact business between the hours of 11:00 p.m. and 5:30 a.m. on the following day, each day of the week, and all exterior lighting and illumination shall be extinguished during these hours.

§ 97-4. Penalties for offenses.

In addition to any other penalties or remedies available to the Village of Honeoye Falls, any person, corporation, firm or other entity who violates the regulations of this chapter shall, upon conviction, be guilty of a violation and shall be subject to a fine of up to two hundred fifty dollars ($250.) or imprisonment for not more than fifteen (15) days, or both. Each day such violation continues shall constitute a separate offense and shall be punishable as such.

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Red Lion, B. PA

§ 215-81. Service station or convenience store dispensing fuel.

In the C or I Zones and subject to the requirements of the zone in which located, except as herein modified and provided:

1. Lot area shall be 12,000 square feet minimum.
2. Buildings must be set back at least 40 feet from the street line.
3. Gasoline pumps and all service equipment must be set back at least 15 feet from any lot line or street right-of-way line and located so that vehicles stopped for service will not extend over the property line.
4. Access drives must be located as follows:
1. Minimum offset from intersection of street right-of-way lines: 40 feet.
2. Side lot line offset: 10 feet.
3. Minimum width: 12 feet.
4. Maximum width: 35 feet.
5. Minimum separation of drives on same lot: 25 feet.
5. Except along access drives, a concrete curb eight inches in height must be placed along all street right-of-way lines.
6. All lights must be diverted toward the facility or downward on the lot.
7. No outdoor stockpiling of tires or outdoor storage of trash is permitted. An area enclosed by a wall, fence or vegetative material and screened from view of adjoining properties shall be provided whenever outdoor storage is required. No materials may be stored so as to create a fire hazard.
8. At least 10% of the lot on which the facility is situated must be devoted to natural landscaping.
9. All merchandise, except vending machines and oil racks, shall be displayed within a building.

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Brecknock, Twp. PA

§ 110-7. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CONVENIENCE STORE:

1. A retail sales business which specializes in providing household products and foods. "Convenience stores" may also provide for any or all of the following as an accessory use:
1. The rental of video tapes, provided that an adult-oriented business is specifically prohibited;
2. The preparation and sales of delicatessen sandwiches and foods, provided that no patron seating is provided; and

3. The use of no more than two (2) amusement devices such as pinball machines, video games or other similar devices.
2. "Convenience stores" shall not include the dispensing of gasoline or other motor vehicle fuels unless appropriate approvals for a service station have been obtained.

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