Unless specifically defined below, words or phrases used in this Chapter shall have the meaning, if any, set forth in Section 17-2-1 of this Title, and otherwise shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable interpretation.

(1)

Emergency generator means an electrical generator powered by an emergency standby engine.

(2)

Emergency situation means any one (1) of the following:

a.

An unforeseen electrical power failure from the serving utility;

b.

An unforeseen and widespread electrical system disturbance that causes the serving utility to substantially curtail electric service involuntarily and unexpectedly. For purposes of this Subparagraph b, involuntarily and unexpectedly does not include any interruption or disruption in service authorized by any tariff providing for interruptible service nor such interruption or disruption authorized by specific contract agreements with customers;

c.

An unforeseen flood or fire or life-threatening situation; or

d.

An operation of emergency generators for an airport licensed by the Federal Aviation Administration or an operation of an emergency standby engine or generator at the request of the Federal Emergency Management Agency.

(3)

Emergency standby engine means a stationary internal combustion engine intended for use or used in emergency situations to drive an electrical generator, an air compressor or a water pump, except for limited operation for nonemergency purposes in accordance with this Chapter.

(4)

Nonemergency purposes means, with respect to operation of an emergency standby engine or emergency generator, operation for any of the following purposes:

a.

Testing, maintenance or demonstration of operational readiness in excess of six (6) hours per calendar month;

b.

Electrical power generation during periods when power supplied by a public utility has been interrupted in accordance with tariffs providing for interruptible service, electrical power generation for sale to an electrical utility or electrical power cooperative, electrical power generation for peak power shaving purposes or for any other nonemergency purposes.

(5)

Stationary internal combustion engine means a spark or compression ignited, internal combustion engine which is not readily portable.

(Ord. No. 6504, 1-24-00)

Except as restricted or limited by Section 17-13-3:

Emergency standby engines and emergency generators shall be permitted according to Section 17-4-51 of this Title.

(Ord. No. 6504, 1-24-00; Ord. No. 7659 §12, 9-10-07; Ord. No. 8933 §18, 11-23-15)

(a)

Emergency standby engines and emergency generators permitted as an accessory use by review may be operated on a limited basis for nonemergency purposes for periods of time and number of days not exceeding the following limitations:

(1)

Operation for nonemergency purposes shall not exceed eight (8) hours during any calendar day;

(2)

Operation for nonemergency purposes shall not exceed an aggregate of four hundred seventy (470) hours in any calendar year;

(3)

Operation for nonemergency purposes shall not be undertaken on more than one hundred twenty (120) calendar days in any calendar year; and

(4)

Operation for nonemergency purposes may be conducted only during the hours between 6:00 a.m. and 8:00 p.m., according to the applicable time standard then in effect within the City.

(b)

Sound levels of noise resulting from the operation for nonemergency purposes of emergency standby engines or emergency generators authorized as a use by review shall not exceed seventy (70) decibels; and if located in an I-2, I-3 or S-1 zone shall not exceed eighty (80) decibels. For purposes of this Subsection, the sound level limitations apply at the property line of the property upon which the engine or generator is located, and, for enforcement purposes, may be measured at any point beyond such property line. In addition, no vibration resulting from such operation shall be discernable at the property line.

(c)

Operation of emergency standby engines and emergency generators shall fully comply with the requirements of all federal and state laws and regulations, including but not limited to the Colorado Air Quality Control Act, Section 25-7-101 et seq., C.R.S., and regulations promulgated thereunder. In the event any law or regulation requires the owner or operator of an emergency standby engine or emergency generator to obtain an emission permit or file an air pollution emission notice with respect to operation of such engine or generator, the owner or operator shall do so prior to conducting any operation for nonemergency purposes.

(d)

Operation of emergency generators for nonemergency purposes requiring approval or authorization from the Colorado Public Utilities Commission or the Federal Energy Regulatory Commission shall not be undertaken until and unless such approval has been obtained.

(e)

If the operation of an emergency standby engine or emergency generator has been authorized as a use by review, such operation shall be conducted in accordance with all conditions and safeguards imposed by the Zoning Board of Appeals.

(Ord. No. 6504, 1-24-00)

(a)

The owner or operator of an emergency standby engine or emergency generator shall keep and maintain the records described in this Section. The records shall be retained on site for not less than three (3) years and made available for inspection and copying by the Administrative Official, or his or her designee, upon demand.

(b)

The records shall contain all of the following information:

(1)

Identification of the emergency standby engine and emergency generator by manufacturer, rated horsepower and date of installation;

(2)

Identification of the type and source of fuel consumed by each engine;

(3)

An operating log containing the dates of engine operation and hours operated per day including the time started and time stopped. Each entry in the log shall specify if the operation was for nonemergency purposes or for an emergency situation and the nature of the emergency if applicable. Each entry shall be signed by a responsible agent or employee of the owner or operator who has personal knowledge of the information set forth in the entry. The signature of such person shall constitute a representation, on behalf of the owner or operator, that such information is true and correct;

(4)

A complete copy of any emission permit or air pollution emission notice issued with respect to the engine or generator, together with any amendments thereto and all notices of violation or cease and desist orders issued by any state or federal department, agency or board with respect thereto;

(5)

In the event the engine or generator was operated for purposes of sale of electrical power to an electrical utility or electric cooperative or for peak power shaving purposes, a copy of the applicable tariff or tariffs, or any contract or contracts governing such sale or peak power shaving arrangement.

(Ord. No. 6504, 1-24-00)