Chapter 8.12
STORAGE AND DISTRIBUTION OF FUEL AND OIL
Sections:
8.12.030 Storage and distribution of biodiesel.
8.12.010 Definitions.
“Alternative fuel(s)” means any fuel or mixture of fuels that is not commonplace at service stations, such as biodiesel, ethanol, hydrogen, synthetic fuel, etc., at the time this code is adopted and reduces the use of gasoline, diesel or other fossil fuel products.
“B-99 fuel” means motor vehicle fuel that is composed as a mixture of ninety-nine percent of biodiesel derived from crops and one percent of diesel.
“B-100 fuel” means motor vehicle fuel that is composed entirely of biodiesel or a waste product from frying food in vegetable or seed oils.
“Biodiesel” means a mono alkyl ester of long chain fatty acids derived from vegetable oils or animal fats for use in compression-ignition engines and that meets the requirements of the American Society for Testing and Materials specification D 6751 in effect as of January 1, 2003, or as may be later amended.
“Ethanol” means fuel that is derived from crops, and is flammable alcohol fuel that can be mixed with gasoline and is regulated like gasoline and diesel fuels and can only be stored underground and sold at a service station.
“Fuel station” generally known as gas stations and referenced in the permitted use matrix, Chapter 17.16, service station, but can include the sale of gasoline, ethanol, diesel, biodiesel (e.g., B-100 fuel) and other alternative fuels via permanent fuel dispensing operations that meet all codes. Only B-99 or B-100 fuel can be dispensed from an aboveground storage tank.
“Motor vehicle fuel” means gasoline and any other inflammable gas or liquid, by whatsoever name the gasoline, gas, or liquid may be known or sold, the chief use of which is as fuel for the propulsion of motor vehicles or motorboats. (Ord. 1171 § 1 (part), 2007)
8.12.020 Aboveground storage.
A. It is unlawful for any person, firm or corporation to store, or cause to be stored, in tanks or other containers aboveground, within the city, any fuel, gasoline, oil, kerosene or oil products in excess of three hundred gallons per container, except as follows:
1. Aboveground tanks in excess of three hundred gallons, but not greater than one thousand gallons, shall be permitted in all zoning districts, when associated with providing essential or emergency services, or to fuel life support equipment for a resident including, but not limited to, utility operations, government offices and services, fire and police services, fuel for emergency generators for schools, emergency shelters, and commercial and industrial uses. All such tanks shall be subject to the following conditions:
a. All tanks are subject to administrative project permit review and approval.
b. All tanks shall meet, at a minimum, International Building Code (IBC) and International Fire Code (IFC) requirements, including setbacks adopted by the city; except for tanks located adjacent to residences or residential districts, in which case the minimum setback from these properties shall be the setbacks required by the IBC and IFC, or a setback of twenty feet, whichever is greater.
c. All tanks shall be screened from adjacent properties and the public rights-of-way by solid walls or fencing. Additional landscaping or screening may be required, as determined by the planning director.
B. In no cases shall tanks in excess of three hundred gallons be allowed as an accessory use or structure on any property where the principal use is residential.
C. All fuels and alternative fuels, such as B-99 or B-100, shall be subject to the provisions contained in the Mukilteo Municipal Code Title 8, Health and Safety; Title 17, Zoning; Title 5, Business Taxes, Licenses and Regulations; the International Fire Code and International Building Code; and any other applicable laws, rules or regulations.
D. Only B-99 or B-100 fuel can be dispensed from an aboveground storage tank.
E. The International Fire Code allows for up to two five-gallon containers approved for fuel storage, to be stored in residential areas to allow for the fueling of small power and maintenance equipment, such as lawn mowers, weed whackers/eaters, chain saws, etc., and for residential-sized emergency generators. Small fuel containers of up to five gallons and limited to two containers should be kept in a garage or accessory building that is well ventilated and where if they ignite will not start a fire in the main part of a residential structure or be stored next to a wall dividing the house and garage. (Ord. 1173 § 4, 2007; Ord. 1171 § 1 (part), 2007: Ord. 886 § 1, 1996: Ord. 11 § 1, 1947. Formerly 8.12.010.)
8.12.030 Storage and distribution of biodiesel.
A. It is the policy of the city of Mukilteo to create a regulatory environment that is conducive to the private storage and distribution of B-99 and B-100 fuel. The city of Mukilteo finds that the use and distribution of B-99 and B-100 fuel are in the public interest, and desires to create appropriate regulation to allow for safe and orderly storage and distribution of this fuel within the city of Mukilteo.
B. Except as provided in Section 8.12.020, it is unlawful for any person, firm or corporation to distribute, cause to be distributed, store, cause to be stored, in tanks or other containers aboveground, or below ground within the city, any alternative fuel, except in association with a service station or as mobile fuel distribution.
C. The storage and distribution of biodiesel in the above sections shall not be interpreted to allow the production of biodiesel within the city of Mukilteo in any zones, even in the light industrial (LI) and heavy industrial (HI) zones. (Ord. 1171 § 1 (part), 2007)
8.12.040 Penalty.
Violations of this chapter shall constitute a misdemeanor and be subject to the provisions contained in Mukilteo Municipal Code Chapter 1.32, General Penalties. (Ord. 1171 § 1 (part), 2007: Ord. 1083 § 7, 2003: Ord. 11 § 2, 1947. Formerly 8.12.020.)