Within any I-2 district, no structure or land shall be used for the following uses or uses deemed similar by the City Council, except by conditional use permit:
(A) Acid manufacture;
(B) Storage, utilization or manufacture of materials or products which could decompose by detonation;
(C) Poison, fertilizer, fuel briquettes;
(D) Kilns or other heat processes fired by means other than electricity;
(E) Explosives including all utilization, storage or manufacture of materials or products such as TNT or dynamite which could decompose by detonation;
(F) Open storage, primary or secondary use, of any type; and
(G) Concrete ready-mix plants and asphalt plants.
(H) Towers as regulated in § 155.385.
(I) On-sale malt liquor in conjunction with a brewer taproom; on-sale distilled spirits in conjunction with a microdistillery cocktail room; or off-sale malt liquor from the premises of and in conjunction with a small brewery; or off-sale distilled spirits in conjunction with a microdistillery. The parking requirements as set forth in this Code for restaurant uses shall apply and be met on the subject site for brewer taprooms and microdistillery cocktail rooms. A brewer taproom and a microdistillery cocktail room shall not exceed 30% of the total floor area of the brewery or microdistillery with which each is respectively operated.
(J) Storage tank(s) with a holding capacity of 10,000 gallons or more or an aggregate of tanks with a holding capacity of 10,000 gallons or more that consist of or are for the storage of bulk crude oil, liquid petroleum products such as gasoline, diesel fuel, and heating oil, or other flammable or combustible liquid that is constructed/installed or a replacement of any existing tank on the property or on contiguous lots or parcels of land under the same operation on or after January 1, 2015, subject to the following conditions:
(1) Above ground tanks shall comply with the following conditions:
(a) All tanks on the property, including any tank existing on the property as of the date of the conditional use permit application, shall have secondary containment installed as provided herein. For new or replacement tanks, the secondary containment shall be installed at the time of the construction/installment of the new or replacement tank. For any tank existing on the property as of the date of the conditional use permit application, the secondary containment areas shall be installed pursuant to a schedule approved by the city. If a secondary containment area contains tanks storing more than one type of substance, then the substances must be compatible with each other as determined by the city’s Fire Chief.
(b) Secondary containment areas shall consist of materials that are impermeable to and compatible with the stored substances for which the secondary containment serves and that will prevent a release into the environment, including horizontal release over the ground surface and vertical release into the underlying groundwater.
(c) Secondary containment areas shall be designed consistent with secondary containment standards set forth in Minnesota Rules 7151.5400 (and as may be amended hereafter). Secondary containment areas shall be of a size that will provide containment of one and one-half times the total volume of the largest tank protected by the containment berm, as verified through post-installation volumetric survey. Secondary containment areas shall be constructed of material of sufficient tightness and thickness that will allow a vertical travel time by the stored substance through the containment material of no less than seven days, as verified through manufacturer’s data for synthetic materials and through post-installation permeability testing for clay materials. The owner/operator of the storage tanks shall have all secondary containment construction required herein be inspected, tested and certified in writing to conform with the requirements of this Clause (J) by licensed professional engineer certified in petroleum storage tank construction immediately after construction has been completed and prior to filling new or replacement storage tanks for the first time.
(d) Access roads that are capable of supporting the city’s fire apparatus shall be constructed to provide full access around and within 150 feet of each tank. The access road shall meet the fire apparatus road design specifications as provided in the Minnesota State Fire Code, Chapter 5, and as may be amended hereafter.
(e) Upon petition of the operator, the city’s Public Works Director and Fire Chief, in their sole discretion, may jointly recommend approval of the use of an alternative secondary containment design in lieu of the requirements herein, provided the proposed alternative containment area is designed by a Minnesota licensed professional engineer and said engineer certifies that the alternative design alternative design equivalently meets the requirements provided in sub-clause (c) herein.
(f) When a facility containing storage tanks is expanded, the City may require the applicant to conduct and submit to the city ground water susceptibility studies and fire safety and emergency response analysis within 90 days of the City’s request which will not be requested more than every five years unless a fire or a leak/spill of product on the site has occurred earlier.
(g) Direct fire suppression/protection system(s) shall be installed on site for all storage tanks. For new or replacement tanks, the fire suppression/protection system(s) shall be installed at the time of the construction/installment of the new or replacement tank. For the tank(s) existing on the property as of the date of the conditional use permit application, the fire suppression/protection system(s) shall be installed pursuant to a schedule approved by the city. Where required by the Fire Chief, atmospheric tanks shall have foam fire protection systems with all foam concentrate material stored on the property with the minimum amount of foam concentrate stored on the property required to extinguish the largest storage tank on site and pre-plumbed to the fire suppression/protection system(s).
(h) Upon petition of the operator, the city’s Public Works Director and Fire Chief, in their sole discretion, may jointly recommend approval of the use of an alternative fire suppression system(s) in lieu of the requirements herein, provided the proposed alternative system is designed by a Minnesota licensed fire protection engineer and said engineer certifies that the alternative design equivalently meets the requirements provided in division (J)(1)(g) herein.
(2) Below ground tanks (buried) shall comply with all rules and regulations thereof as established by the Minnesota Pollution Control Agency.
(3) Prior to the issuance of a conditional use permit hereunder, the owner and operator of the storage tank(s) shall submit to the city a comprehensive emergency response plan addressing any leak/spill or fire at the property. The plan shall be updated and submitted to the city every five years from the date of issuance of the conditional use permit.
(K) Mobile food unit(s) in conjunction with the operation of a brewer taproom or a microdistillery cocktail room, as defined in and holding a valid alcohol license under Chapter 111 of this code.
(‘81 Code, § A1-42) (Ord. 291, passed 4-21-83; Am. Ord. 760, passed 10-14-04; Am. Ord. 998, passed 10-22-15; Am. Ord. 1002, passed 12-22-15; Am. Ord. 1090, passed 6-10-21)