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Apple Valley City Zoning Code

GENERAL INDUSTRIAL

DISTRICT

§ 155.215 PURPOSE.

   General industry districts are designed to serve the smaller “quasi-industrial” uses, such as machine shops, sign shops, millworking establishments, and the like.
(‘81 Code, § A1-42) (Ord. 291, passed 4-21-83)

§ 155.216 PERMITTED USES.

   Within any I-2 district, no structure or land shall be used except for one or more of the following uses, or uses deemed similar by the City Council:
   (A)   Any use permitted in the I-1 district, as regulated therein, unless otherwise permitted by this section;
   (B)   The manufacturing, compounding, assembly, packaging, treatment or storage of the following products or materials: brewing, cement, concrete, stonecutting, brick, glass, batteries (wet cell), ceramic products, millworking, metal polishing and plating, paint (pigment manufacturing), vinegar works, rubber products, plastics, meat-packing (no on-site slaughtering of animal(s) permitted), flour, feed, grain milling, sawmill, lime, gypsum, plaster of Paris, glue, size, cloth and similar uses;
   (C)   Storage tanks consisting of or for the storage of bulk crude oil, liquid petroleum products such as gasoline, diesel fuel, and heating oil, or other flammable or combustible liquids that were present and in operation on an I-2 property as of January 1, 2015, provided any storage tank replaced or added on the site or on contiguous parcels under the same operation shall be subject to the condition use permit or permitted accessory use regulations herein as applicable; and
   (D)   Storage of construction materials of all types completely within a building.
(‘81 Code, § A1-42) (Ord. 291, passed 4-21-83; Am. Ord. 998, passed 10-22-15; Am. Ord. 1002, passed 12-22-15)

§ 155.217 PERFORMANCE STANDARDS.

   All uses in the I-2 district shall not generate noise, odors, glare, heat, dust, vibration or other influences so as to constitute a detrimental effect upon the public health or safety. When an I-2 (General Industrial) district is located within 1,000 feet of property zoned for residential or institutional uses, the City Council may require screening, berming, landscaping, orientation of activities, or a combination thereof on the property to minimize impacts on adjacent properties.
(‘81 Code, § A1-42) (Ord. 291, passed 4-21-83; Am. Ord. 1002, passed 12-22-15)

§ 155.218 CONDITIONAL USES.

   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)

§ 155.219 PERMITTED ACCESSORY USES.

   Within any I-2 district, the following accessory uses, or uses deemed similar by the City Council, are permitted:
   (A)   Above ground storage tank(s) consisting of or for the storage of bulk crude oil, liquid petroleum products such as gasoline, diesel fuel, and heating oil, or other flammable or combustible liquid with a holding capacity of less than 10,000 gallons or an aggregate of storage tanks with a holding capacity of less than 10,000 gallons on the property, provided:
      (1)   The storage and use of the liquid stored in the tanks are incidental to and an integral part of the operation of the principle use on the property; and
      (2)   All storage tanks shall provide secondary containment and have fire suppression system(s) as required by the Minnesota State Fire Code and as required by the city’s Fire Chief as may be necessary due to the liquid stored, the topographical conditions of the site and surrounding area, the size and height of the tank(s), or the proximity of the tanks to surrounding property uses.
   (B)   Retail sales of any service or any product, goods or material produced at or related to the principle use on site, subject to the following:
      (1)   The retail sales are subordinate to the principle use.
      (2)   The gross floor area used for the retail sales is not more than 15% of the total gross floor area or 5,000 square feet, whichever is less, of the principle building if a single user/occupant or of the principle user’s occupied space if within a multiple-user structure.
      (3)   The retail sales are owned and operated solely by the principle user/occupant of the subject site.
      (4)   The parking requirements for both the principle use and the retail use as set forth in this Code are met on the subject site.
      (C)   An outdoor patio in conjunction with a small brewery taproom or microdistillery cocktail room which shall be subject to the regulations applicable to outdoor dining area set forth in this Code and included in the 30% floor area restriction for a brewer taproom or microdistillery cocktail room under a conditional use permit issued hereunder.
(‘81 Code, § A1-42) (Ord. 291, passed 4-21-83; Am. Ord. 996, passed 8-27-15; Am. Ord. 998, passed 10-22-15; Am. Ord. 1002, passed 12-22-15)

§ 155.220 ADDITIONAL LOT REQUIREMENTS.

   Additional lot requirements as required for the I-1 districts under § 155.205 shall also be required for the I-2 districts.
(‘81 Code, § A1-42) (Ord. No. 291, § 2, 4-21-83)