(a)

Statutory authorization. The Legislature of the State has in Section 31-23-301, C.R.S., delegated the responsibility to local government units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the Town Board has adopted Chapter 7, Section V of this Code, which shall be referred to for any development occurring within flood hazard areas.

(b)

Policies and methods of reducing flood losses. It is the policy of the Town to fully cooperate with the Federal Insurance Administration to regulate development activity in those areas designated as "Special Flood Hazard" and "Area of Shallow Flooding" on the official "Flood Insurance Rate Map" of the Town.

(Ord. 480 §1, 2000)

(a)

Application. All industrial and commercial businesses establishing in the Town shall comply with the following standards so that such uses do not create any danger to safety in surrounding areas, do not cause water pollution and do not create offensive noise, vibration, smoke, dust, odors, heat, glare or other objectionable influences beyond the boundaries of the property in which such uses are located; and shall not be operated in any manner so as to constitute a public nuisance or hazard. The purpose of these standards is to permit potential industrial nuisances to be measured, factually and objectively, to ensure that all industrial or commercial uses will provide methods to protect the community from hazard and nuisances which can be prevented by control and nuisance elimination, and to protect industries from arbitrary exclusion from the Town based solely upon the nuisance production by any particular type of industry in the past.

(b)

All industrial uses shall be shown on a site plan submitted to and approved by the Planning Commission and the Town Board.

(c)

Glare and heat. Any operation producing intense glare or heat shall be conducted within an enclosed building or with other effective screening in such a manner as to make such glare or heat completely imperceptible from any point along the property line.

(d)

Vibration. Industrial or commercial operations shall cause no inherent and recurring generated vibration perceptible without instruments at any point along the property line. Temporary construction sites are excluded from this restriction.

(e)

Light. Exterior lighting, except for overhead street lighting and warning, emergency or traffic signals, shall be installed in such a manner that the light source will be sufficiently obscured to prevent glare on public streets and walkways or into any residential area. The installation or erection of any lighting that may be confused with warning signals, emergency signals or traffic signals is prohibited.

(f)

Smoke. All industrial and commercial uses which produce smoke or any air contaminate shall be subject to the jurisdiction and regulations of the Colorado Air Quality Control Division. The Town reserves the right, prior to approving any industrial or commercial application under this Title, to require from the applicant evidence of compliance with applicable regulations of state government.

(g)

Odors. No industrial or commercial use shall cause or allow the emission of malodorous air contaminates from any single source such as to result in detectable odors which are perceptible without instruments outside the property boundaries.

(h)

Noise. All industrial and commercial uses shall be conducted such that noise generated from such uses is controlled at its source or so muffled by the structure from which it radiates that it does not become objectionable outside its property lines.

(i)

Fugitive dust. No industrial or commercial operation shall be allowed to produce fugitive dust in amounts which are noticeable or appreciable outside of the property boundaries of the use.

(j)

Loading and outside storage areas. All truck and other loading areas and outside storage areas shall be designed and operated to minimize any adverse effects upon traffic and adjacent properties. The Board requires landscaping, fencing or screening of these areas.

(k)

Industrial and commercial wastes. All industrial and commercial operations shall confine liquid and solid wastes produced in connection with such operation within the property boundaries, and shall further ensure that no such waste leave the property or enter any natural stream course. This shall not apply to the appropriate and proper disposal of liquid and solid waste.

(l)

Storage and handling of hazardous substances. The storage and handling of materials or substances determined to be hazardous substances as defined by Section 25-5-502, C.R.S., or determined after hearing by the Town Board to be hazardous to the health, safety or welfare of the residents of the Town shall not be allowed in conjunction with industrial and commercial uses except in accordance with applicable federal, state or Town regulations. This Subsection shall apply to the container of the hazardous substance as well as to the substance itself.

(Ord. 480 §1, 2000)

Upon application to the Town Administrator, a temporary use permit may be issued for the following uses, in the following zones and for the following periods of time. Such permits shall be valid only for the period of time specified, and only two (2) renewals of the permit may be granted. Failure to terminate such temporary use by the specified time shall be considered a misdemeanor and is punishable under Section 7-2-47. Permits are subject to reasonable stipulations established at the time of application and review.

(Ord. 480 §1, 2000)