(C0222-18; C0035-20; amended as part of October 2021 update. Formerly 12-370)
The city council may grant, by petition, dry bulk storage licenses, as the public good requires and subject to terms and conditions as it sees fit, to such parties deemed appropriate, subject to the provisions of these Revised Ordinances and applicable state statutes.
(C0222-18; amended as part of October 2021 update. Formerly 12-371)
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) 
Dry bulk storage area.
The portion(s) of a property used to store dry bulk materials in excess of twenty-five (25) cubic yards, including construction sites when materials are to remain on such property for more than thirty (30) days.
(b) 
Materials.
Any nonflammable, dry solid substance such as, but not limited to, cement, sand, road salt, dirt, clean fill, mulch or rocks.
(C0222-18; amended as part of October 2021 update. Formerly 12-372)
(a) 
No party shall operate a property located in whole or in part within the limits of the city that includes dry bulk storage areas unless such party has first obtained the required license for said purpose from the city council.
(b) 
No owner of any property located in whole or in part within the limits of the city shall allow any party to include dry bulk storage areas on said property unless such party has first obtained the required license for said purpose from the city council.
(c) 
Any violations of this section shall be reported to the city clerk. After conferring with the city solicitor and/or the president of the city council, if necessary, the city clerk may:
(1) 
Issue fines in accordance with Section 1-8 of these Revised Ordinances to the operator of the property containing any unlicensed bulk storage areas; and/or
(2) 
Issue fines in accordance with Section 1-8 of these Revised Ordinances to the owner of the property on which any unlicensed bulk storage areas are located; and/or
(3) 
Issue a cease and desist order to the operator of the property on which any unlicensed bulk storage areas are located.
(d) 
Specifically excluded from the requirement to obtain a dry bulk storage license are those entities that are already subject to regulation by the city, such as transfer stations, landfills, junkyards, solid waste management, recycling and redemption centers, and junk and secondhand dealers.
(C0222-18; amended as part of October 2021 update. Formerly 12-373)
All applicants for a dry bulk storage license shall meet the qualifications for all licenses and permits issued under the authority of the city council as prescribed in Section 12-302 of this Chapter.
(C0222-18; C0035-20; amended as part of October 2021 update. Formerly 12-374)
(a) 
All applications for dry bulk storage licenses pursuant to this division shall be completed, reviewed and processed in accordance with the provisions of Sections 12-303 of this Chapter and 12-307 of this Chapter, if necessary, with the following additional provisions:
(1) 
All applicants for dry bulk storage licenses shall provide a list of the type and maximum quantity of each material to be stored in bulk.
(b) 
In determining whether to grant a new or modified dry bulk storage license, the city council shall consider the effect the storage area will have on the neighborhood in relation to fire hazards, aesthetics, traffic and air, noise and water pollution.
(c) 
License conditions and restrictions.
(1) 
Dry bulk storage licenses shall only allow the license holder to store bulk materials on the property address for which the license was granted.
(2) 
Dry bulk storage licenses shall only allow the license holder to store the types and the maximum amount of each bulk material licensed for a property address.
(3) 
The annual/renewal fee for a dry bulk storage license shall be based on the total bulk storage capacity licensed for a property address.
(4) 
All dry bulk storage licenses shall be subject to the standard license and permit conditions and restrictions for licenses and permits issued under the authority of the city council as specified in Section 12-308(a) of this Chapter.
(5) 
All dry bulk storage licenses shall also be subject to the following conditions and restrictions:
a. 
Excluding construction sites, all dry bulk storage areas shall have their stored materials placed on an impermeable surface if required by order of the board of health.
b. 
All runoff from the material(s) stored in a dry bulk storage area shall be contained on site and shall not be allowed to run off into the soil.
c. 
When not being loaded or unloaded, materials in dry bulk storage areas shall be covered at all times.
(6) 
The city council may impose other reasonable restrictions and conditions on individual dry bulk storage licenses as they deem necessary to protect the public safety and welfare. Such restrictions and conditions may include limitations on the days and hours of operation.
(d) 
Petitions for approved dry bulk storage licenses shall be handled in accordance with the provisions of Section 12-310 of this Chapter.
(e) 
Petitions for denied dry bulk storage licenses shall be handled in accordance with the provisions of Section 12-311 of this Chapter.
(f) 
Renewals of existing dry bulk storage licenses shall be handled in accordance with the provisions of Section 12-312 of this Chapter with the following additional provisions:
(1) 
The members of the city council shall be notified when renewal applications are provided to current dry bulk storage license holders.
(g) 
The process used to monitor and ensure compliance with the conditions and restrictions placed on dry bulk storage licenses, as well as the possible penalties for such non-compliance, is prescribed in Section 12-313 of this Chapter.
(h) 
Reviews of existing dry bulk storage licenses shall proceed in accordance with the provisions of Section 12-314 of this Chapter.
(i) 
The method used to file and process complaints regarding a dry bulk storage license is prescribed in Section 12-318.
(j) 
Suspensions of existing dry bulk storage licenses shall proceed in accordance with the provisions of Section 12-315 of this Chapter.
(k) 
Revocations of existing dry bulk storage licenses shall proceed in accordance with the provisions of Section 12-316 of this Chapter.