No use otherwise allowed which does not conform to the standards of use, occupancy and operation contained in this Article shall be permitted within any district. These standards are considered minimum requirements to ensure that allowed 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, heat, glare or other adverse influences beyond the boundaries of the property upon which the use is located.

(Prior Zoning Code, § 5-1)

(a)

Smoke density. It is unlawful for any person to permit the emission of any smoke from any source whatever to a density greater than that density described as No. 1 on the Ringlemann Chart; provided that the following exceptions shall be permitted: smoke, the shade or appearance of which is equal to but not darker than No. 2 on the Ringlemann Chart for periods aggregating four minutes in any 30 minutes.

(b)

Methods of measurement. For the purpose of grading the density of smoke, the Ringlemann Chart, as published and used by the United States Bureau of Mines, shall be the standard.

(Prior Zoning Code, § 5-2)

No person shall operate or cause to be operated any process for any purpose, or furnace or combustion device for the burning of coal or other natural or synthetic fuels, without using recognized and approved equipment, means, methods, devices or contrivances to reduce the quantity of gas-borne or airborne solids or fumes emitted into the open air; so that the quantity of gas-borne or airborne solids shall not exceed 0.20 grains per cubic foot of the carrying medium at the temperature of 500 degrees Fahrenheit. All other forms of dust, dirt and fly ash shall be addressed. The Building Inspector may require such additional data as he or she deems necessary to show that adequate and approved provisions for the prevention and elimination of dust, dirt and fly ash have been made.

(Prior Zoning Code, § 5-2)

As measured at the property line, the following gases shall not exceed the following average over a 24-hour period:

(1)

SO2 gas shall not exceed three-tenths part per million (ppm); provided, however, that a maximum concentration of five-tenths ppm will be allowed for a one-hour period out of a 24-hour period.

(2)

H2S gas shall not exceed one ppm.

(3)

Fluorine gas shall not exceed one-tenth ppm.

(4)

Nitrous fumes shall not exceed five ppm.

(5)

CO gas shall not exceed 15 ppm.

(Prior Zoning Code, § 5-2)

In addition to the above, there shall not be discharged from any source whatsoever such quantities of air contaminants or other material as would cause injury, detriment or nuisance to the public, endanger the comfort, repose, health or safety of persons or cause injury or damage to business or property.

(Prior Zoning Code, § 5-2)

Glare from any process (such as or similar to arc welding or acetylene torch cutting) which emits harmful ultraviolet rays shall be performed in such a manner as not to be seen from any point beyond the property line, and as not to create a public nuisance or hazard along lot lines. Radioactive materials and wastes, including electromagnetic radiation such as X-ray machine operation, shall not be emitted to exceed quantities established as safe by the U.S. Bureau of Standards.

(Prior Zoning Code, § 5-2)

Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the property on which the use is located.

(Prior Zoning Code, § 5-2)

The emission of measurable noises from the premises shall not exceed 65 decibels as measured at the property boundary lines, except that, where normal street traffic noises exceed 65 decibels during such periods, the measurable noise emanating from premises may equal but not exceed such traffic noises. Within the H-I District, sound levels not exceeding 70 decibels may be permitted. In addition, objectionable sounds of an intermittent nature or characterized by high frequencies, even if falling below the aforementioned decibel readings, shall be controlled so as not to become a nuisance to adjacent uses.

(Prior Zoning Code, § 5-2)

The emission of odors which are generally agreed to be obnoxious to any considerable number of persons at their places of residence shall be prohibited, and said persons shall have the right to seek injunctive or other relief from a court having jurisdiction in the area.

(Prior Zoning Code, § 5-2)

(a)

No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground. Tanks or drums of fuel directly connected to heating devices or appliances located on the same property as the tanks or drums of fuel are excluded from this provision.

(b)

All outdoor storage facilities for fuel, raw materials and products shall be enclosed by a fence or wall adequate to conceal such facilities from adjacent property. Such storage facilities shall be set back at least 40 feet from lot lines.

(c)

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

(d)

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

(e)

In addition to these regulations, all storage of flammable, explosive or dangerous materials shall be subject to all applicable state laws concerning said storage.

(Prior Zoning Code, § 5-2)

(a)

No water pollution shall be emitted by manufacturing or other processing. In a case in which potential hazards exist, it shall be necessary to install safeguards acceptable to the Building Inspector, the Colorado Department of Public Health and Environment and the local authority and in compliance with state and federal laws before operation of the facilities may begin.

(b)

All percolation tests or groundwater resource tests as may be required by the Colorado Department of Public Health and Environment and the local health authority must be passed before operation of the facilities may begin.

(Prior Zoning Code, § 5-2)

After the effective date of the initial ordinance codified herein:

(1)

Any use established or changed shall comply with all of the performance standards set forth herein.

(2)

If any existing use, building or other structure is extended, enlarged or reconstructed, these performance standards shall apply with respect to such extended, enlarged or reconstructed portions of such use, building or other structure.

(Prior Zoning Code, § 5-4)

Determinations necessary for administration and enforcement of performance standards set forth herein range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this Article that:

(1)

Where determinations can be made by the Building Inspector or other City employees using equipment normally available to the City or obtainable without extraordinary expense, such determinations shall be so made before a notice of violation is issued.

(2)

Where technical complexity or extraordinary expense makes it unreasonable for the City to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections of apparent violations of performance standards, for protecting individuals from arbitrary, capricious and unreasonable administration and enforcement of performance standard regulations and for protecting the general public from unnecessary costs for administration and enforcement.

(3)

If the Building Inspector finds that there is a violation of performance standards relating to emission of smoke, fire and explosive hazards, odor, gas, noise, vibration, glare or electromagnetic influence, he or she shall take or cause to be taken lawful action to cause correction to within the limits set by such performance standards. Failure to obey lawful orders concerning such correction shall be punishable in accordance with the penalties for violation of this Chapter.

(4)

If, in the considered judgment of the Building Inspector, there is probable violation of the performance standards as set forth herein, the Building Inspector shall give written notice, by certified mail or other means ensuring a signed receipt for such notice, to the person responsible for the alleged violation. The notice shall describe the particulars of the alleged violation and the reasons why the Building Inspector believes there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the Building Inspector within a time limit set by the Building Inspector. The notice shall state, and it is hereby declared, that failure to repay or to correct the alleged violation to the satisfaction of the Building Inspector within the time limit set in the notice constitutes an admission of violation of the terms of this Chapter. The notice shall further state that, upon request of those to whom it is directed, technical determinations as described in this Article will be made, and that if violations as alleged are found, costs of such determinations shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate; however, that, if it is determined that no violation exists, the cost of the determination will be paid by the City.

(5)

If there is no reply within the time limit set and/or the alleged violation is not corrected to the satisfaction of the Building Inspector within the time limit set, he or she shall proceed to take or cause to be taken such action as is warranted by continuation of a violation after notice to cease has been given.

(Prior Zoning Code, § 5-5)