It is the purpose of this Article to provide appropriate standards for the operation of commercial and industrial uses in the Town. These standards are intended to protect people and property from the health and safety hazards associated with excessive noise, vibration, smoke, heat, glare, radiation, fumes and water pollutants and from the improper storage of hazardous and nonhazardous materials.

(Prior code 16-18-1)

This Article shall apply to all commercial and industrial uses that are located within the Town.

(Prior code 16-18-2)

(a)

Maximum permissible noise levels. Every use shall be operated such that the noise level produced does not inherently and recurrently exceed sixty (60) decibels during the hours of 7:00 a.m. to 7:00 p.m., or fifty-five (55) decibels from 7:00 p.m. to 7:00 a.m.

(1)

Measured along property boundary. Noise levels shall be measured at any point along any boundary line of the property on which the use is located.

(2)

Measurement when there are multiple uses on a single parcel. Where more than one (1) use is located within the boundaries of a property, then the noise levels shall also be measured along any wall of any other building on the property.

(b)

Vibration generated. Every use shall be so operated that it does not inherently and recurrently generate a ground vibration that is perceptible at any point along any boundary line of the property on which the use is located. Where more than one (1) use is located within the boundaries of a property, then this standard shall also be measured along any wall of any other building on the property.

(Prior code 16-18-3)

(a)

Smoke emission. Every use shall be so operated that it does not emit smoke exceeding a density of No. 1 on the Ringleman Chart.

(b)

Emission of particulate matter. Every use shall be so operated that it does not emit particulate matter exceeding two-tenths (0.2) grains per cubic foot of the flue gas at a stack temperature of five hundred (500) degrees Fahrenheit.

(c)

Projection of dust. Every use shall be operated so that dust shall not be projected beyond any boundary line of the property on which the use is located. Where more than one (1) use is located within the boundaries of a property, then each use shall be operated so that dust is not projected onto any wall of any other building on the property.

(d)

Projection of fumes. Every use shall be so operated that it does not emit an obnoxious or dangerous degree of fumes beyond any boundary line of the property on which the use is located. Where more than one (1) use is located within the boundaries of a property, then each use shall be operated so that dust is not projected onto any wall of any other building on the property.

(Prior code 16-18-4)

No water pollutant shall be discharged by manufacturing or other processing, unless otherwise permitted by the Colorado Department of Public Health and Environment, Water Quality Control Division. In a case in which potential hazards exist, it shall be necessary to install safeguards and mitigation acceptable to the Planning Director and in compliance with the laws of the State and the Environmental Protection Agency before operation of the facility may begin. All required site tests, including but not limited to percolation tests, groundwater resource tests and drainage and discharge analysis, as may be required, shall be performed and certified by a registered professional engineer and accepted by the Town before operation of the facilities may begin.

(Prior code 16-18-5; Ord. 15-2008 §1)

Every use shall be operated so that it does not emit a dangerous or discomforting degree of heat, glare, radiation or electrical interference and does not interfere with the normal operation of other equipment or instruments, including normal radio or television reception, beyond any boundary line of the property on which the use is located. Sources of emissions shall be shielded, operated indoors or pointed away from neighboring properties. Where more than one (1) use is located within the boundaries of a property, then these standards shall also apply along any wall of any other building on the property.

(Prior code 16-18-6)

(a)

Storage of hazardous materials:

(1)

Flammable or explosive materials. Flammable or explosive liquids, solids or gases shall be stored only in a manner that complies with all applicable town, state and federal regulations. Hazardous materials stored on site shall be reported to the County's Emergency Planning Committee, in compliance with the Superfund Amendments Reauthorization Act, Title III, as amended.

(2)

Outdoor storage in closed containers. All materials or wastes which might cause fumes or dust that constitute a fire hazard or that may be edible by or otherwise attractive to rodents, insects or pests may be stored outdoors only when stored in closed containers.

(3)

Safety. More restrictive standards for the storage of hazardous materials may be applied when required for the safety of occupants of other land uses in proximity to the storage area or to address other pertinent neighborhood conditions.

(b)

Enclosure of outdoor storage facilities. All outdoor storage facilities for commercial and industrial uses shall be enclosed by a sight-obscuring fence or wall adequate to conceal such facilities from view from adjacent properties or any public right-of-way. The fence or wall shall be built of such material and design as will not detract from adjacent uses, shall not exceed eight (8) feet in height and shall be built according to plans submitted by the owner to, and approved by, the Planning Director.

(c)

Prevent transfer by natural causes. No materials or wastes shall be stockpiled, deposited or otherwise placed upon a property in such form or manner that they may be transferred off the property by natural causes or forces.

(Prior code 16-18-7; Ord. 15-2008 §1)