As used in this chapter:
(a) “Close” or “closing” means the permanent cessation of business operations at a facility. For purposes of this chapter, “permanent” means a period of time longer than ninety (90) days and does not include transfer of the business operation to another entity which will resume the operations within the ninety (90) day timeframe.
(b) “Facility” means an industrial structure of any size or a commercial structure where such commercial structure is larger than one hundred fifty thousand (150,000) square feet.
(c) “Regulated substances” means all hazardous and flammable substances regulated by this Title, as well as petroleum, tires, and any other hazardous or flammable substances regulated pursuant to federal, state, or local environmental laws.
(d) “Vacate” or “vacant” means abandoning a facility, or a majority of the facility as measured in square footage, such that no regular activities or regular occupancy by persons associated with the facility is occurring. It does not include:
(1) Storage of materials regulated by and in compliance with the remainder of this Title;
(2) Storage of materials regulated by and in compliance with state or federal environmental law;
(3) Storage of materials being actively used in normal business processes. The burden is on the owner, operator, or party in control to show that the materials are in active use;
(4) Storage of materials that are not regulated substances and that are stored by an entity that is in the commercial storage business as a part of that business.
(Ord. No. 2020-A-96. Passed 12-14-98, eff. 12-24-98 without the signature of the mayor)