As used in this article, the following terms shall have the meanings indicated:
FILLING STATION
Any building, structure, premises, enclosure, or other place within the City where a container or containers, tank or tanks, either portable or stationary, containing ether, carbon bisulphite, gasoline, naptha, benzols, hydrocarbon (gas drips), liquefied petroleum gas, acetone, kerosene, turpentine or other flammable liquids having a flash point below 165° F. are kept or located for the purpose of selling, offering for sale, or distributing any such liquids from such container or tank; provided, however, that the provisions of this article shall not apply to any place where such flammable liquids are kept or sold for medicinal purposes only.
No person shall engage in the business of a filling station without first having obtained a license therefor.
An application for such license shall be made upon a form to be prepared and provided by the City Clerk. Such application shall set forth the name and address of the owner or operator of the filling station, the location of the filling station, a description of each container or tank installed or to be installed upon the premises, and the capacity of each measured in gallons, the type of construction of each building situated upon the premises and whether, in addition thereto, he conducts a motor vehicle repair shop as defined in this Code. Every application shall be referred to the Building Commissioner and the Fire Chief to determine whether the provisions of this article and all other applicable articles of the City are being complied with, and the approval of such officers must appear upon such application before a license shall be issued.
The annual license fee for each filling station shall be as follows: $8.25 for each portable wheel tank.
Total Capacity — Gasoline
(in gallons)
Over
But Not Over
Fee
100
100
400
$2.75
400
1,065
$13.75
1,065
2,130
$27.50
2,130
3,195
$55.00
3,195
4,260
$87.50
4,260
5,325
$110.00
5,325
6,325
$137.50
6,325
7,000
$154.00
7,000
8,000
$170.50
8,000
9,000
$181.50
9,000
10,000
$192.50
10,000
11,000
$203.50
11,000
12,000
$206.25
12,000
13,000
$209.00
13,000
14,000
$211.75
14,000
15,000
$214.50
15,000
$217.25
plus $1.10 for each 1,000 gallons or fraction thereof in excess of 15,000 gallons' capacity
(A) 
No tank, container, pipe or other equipment for the storage and handling of flammable liquids shall be installed within 200 feet of the nearest boundary of any lot or plot of ground used for a school, hospital, church or theater.
(B) 
No person shall locate, construct or maintain any filling station (except filling stations in existence and operation at the time of the passage of this article) in connection with which there is installed any tank for the storage of flammable liquids, on any lot or plot of ground, without first obtaining the written consents of the resident property owners, representing the majority of the total frontage in feet, who reside on any lot or plot of ground lying a distance of 250 feet in each direction from such proposed filling station; provided that:
(1) 
In measuring said minimum distance of 250 feet, such portion of said distance as lies within the boundaries of any public street shall be counted twice;
(2) 
Lots which abut on a public alley or court shall be considered as fronting on the street to which such alley or court leads; and
(3) 
Any and all petitions containing such consents of residents shall be based on and contain the legal description of the lot or plot of ground affected, and that for the purpose of this section, whenever the lot or plot of ground in which such tank is to be installed is in any shape other than rectangular, the 250 feet limiting line shall not exceed in distance 250 feet from any point in the boundaries of such lot or plot of ground.
(C) 
These provisions shall not be applicable to the installation of a tank or tanks containing any flammable liquids when such liquids are used solely for fuel for the purpose of heating the building or other structure in or in conjunction with which such tank or tanks are installed.
(D) 
Except as otherwise permitted by this Code, storage of flammable liquids shall be outside of buildings.
No filling station license granted under the provisions of this Code shall be assigned or transferred to any person other than the licensee named therein to do business or act under such license.
It shall be unlawful for any person to permit smoking in any filling station or to smoke in any filling station.
Gasoline, benzine, naptha and similar flammable liquids shall not be used for washing or cleaning purposes within any filling station nor in the open air within a distance of 50 feet of any repair pit or any opening from any basement space.
Waste oil or other flammable liquids shall be stored in metal containers pending removal from the premises. No such waste shall be permitted to drain into any sewers or stormwater drainage system. Rags and soiled waste shall be kept in metal containers.