Before granting a special use permit or variance for a gasoline station or motor vehicle service or supply station, the Board to which application for such permit is made, in addition to consideration of standards set forth in § 295-53: Procedure for obtaining special permits of this chapter, shall consider and determine the following:

(1) That the proposed location is consistent with the public necessity.
(2) That the design and type of the proposed structure are in harmony with other structures in such neighborhood.
(3) That the proposed use will not create a traffic hazard at the proposed location or a hazard from fire or explosion.
(4) That the applicant has in writing agreed to construct and operate such proposed station in strict accordance with the provisions of § 295-48D.
(5) That the applicant and the owner have in writing agreed to and, as a condition of approval, shall cause to be recorded deed covenants running with the land in the Monroe County Clerk's office, provided that the applicant shall remove any gasoline storage tanks in accordance with New York State Department of Environmental Conservation regulations (NYCRR Part 613.9 or any successor provisions), the New York State Uniform Fire Prevention and Building Code or any other applicable local, state or federal regulations in effect at the time of closure, and furthermore that the applicant and owner provide an environmental report from a licensed engineer within six months of closure indicating compliance with the aforesaid regulations and that all practicable steps have been taken to assure that the property is free from toxic waste.
 

All gasoline or motor vehicle supply stations hereafter erected or maintained pursuant to a special use permit or variance issued hereafter shall sell or dispense gasoline to the public in compliance with approved standards of safety in the handling of gasoline and flammable liquids.

No application for area variances related to a gasoline filling station or motor vehicle service and supply station shall be approved by the Zoning Board of Appeals unless and until the appropriate Board has granted special use permit or variance relief establishing the legality of the use.