4.11.2 OPERATING STANDARDS | Aurora Unified Development Ordinance

4.11.2. OPERATING STANDARDS.

A. Outdoor Display. Retailers of both new and used merchandise shall be permitted to display outdoors, provided the outdoor display meets the following standards.

a. Merchandise shall be displayed in a clean and orderly manner.

b. Display of merchandise must be set back 10 feet from all side and rear property lines.

c. No merchandise may be placed:

i. On a public sidewalk

ii. On the property or leased area of another owner or tenant without their permission;

iii. On required landscaped areas;

iv. Within three feet of either side of a working doorway;

v. Within10 feet directly in front of a working doorway; or

vi. In a designated sight triangle or in any location that would impair a driver's view of a street.

d. Merchandise may be placed on a private sidewalk as long as a four-foot walkway clearance is maintained.

e. Merchandise may be placed in a parking lot; provided, that the merchandise is related to a permitted primary use on the property and the minimum number of required off-street parking spaces for primary uses on the property are maintained. Parking lot sales by independent contractors who are not the owner or tenant of a permanent structure on the property are not permitted.

2. Outdoor Display of Used Merchandise. Except for uses involving the outdoor display of vehicles, equipment or home building or landscaping materials, the size of the outdoor display area for used merchandise shall not exceed10 percent of the total indoor gross floor area of the business conducting the sale, or 100 square feet, whichever is less, and no used merchandise shall be displayed or stored or otherwise left outdoors during non-operating hours of the business.

B. Outdoor Storage. Outdoor storage of materials, equipment, and merchandise is permitted in the following cases; provided, that the standards in this Section are met.

1. Vehicle or Equipment Sales, Rental, or Storage Businesses

Outdoor storage areas for vehicles and equipment offered for sale or rental is permitted, provided the outdoor storage area is fully screened from view from adjacent properties by an approved treatment that may include building placement, walls, fencing, and landscaping. Such storage areas shall not be located in the front setback or buffer area.

a. After the Effective Date, outdoor storage of equipment, materials, appliances, tires, abandoned or inoperable vehicle storage, and similar items are permitted only in the I-2 District.

b. Railroad boxcars and trailers may not be used for storage or warehousing purposes.

c. No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above ground. Tanks or drums or fuel directly connected with heating devices or appliances located on the same site as the tanks or drums of fuel are excluded from this provision as well as liquefied and gaseous noncombustible materials.

C. Glare, Heat, Smoke, Fumes, Radiation, and Odors. Every use shall be operated so that it does not exceed an objectionable or dangerous degree of glare, heat, fumes, electromagnetic radiation, nuclear radiation, or odors beyond any boundary line of the site on which the use is located. Applicants shall provide all information necessary for the adequate review of potential impacts by the City, Tri-County Health Department, the Colorado Department of Public Health and Environment, the U.S. Environmental Protection Agency, and other agencies as appropriate.

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

E. Noise. All activities shall comply with the maximum noise standards in this Subsection E unless another provision of this UDO or another City regulation applies a different standard. All sound measurements shall be made on a sound level meter that meets American National Standards Institute (ANSI) specifications S1.4-1974 or successor document for type I or type II equipment.

1. Prohibited Activities. The following standards apply to all uses and development in the City, unless another Code or ordinance provides a different noise standard for a specific use or context, in which case the standard for the more specific use or context shall apply.

a. Generating sound levels that exceed the limits established in the neighboring land zone category specified in Table 4.11-1 when measured at or within the property boundary of the neighboring land zone.

b. Using, operating, or permitting the use or operation of any radio receiving set, loudspeaker, musical instrument, television, phonograph, tape player, or other machine or device for the production or reproduction of sound in such a manner as to violate the maximum permissible sound levels in Table 4.11-1, is prohibited.

c. Using or operating any loudspeaker, public address system, or similar device between the hours of 10:00 p.m. and 7:00 a.m., in a manner that creates a noise disturbance to a residential real property boundary is prohibited, unless the activity is authorized by a temporary permit.

d. Idling or permitting the idling of a motor or any stationary diesel fuel burning vehicle or motor vehicle of any kind for a period in excess of 15 minutes in any hour, within the City limits at any time is prohibited. This Section shall not apply to:

i. Engines that must be operated in the idle mode for safety reasons, including but not limited to cranes and forklifts used in the construction industry; and

ii. Uses where freight drivers sleep in their cabs; provided, that the location of the idling is at least one-quarter mile from residential dwellings and from Residential zone district boundaries.

e. Emitting periodic, impulsive, or shrill sounds that exceed five dBA less than the maximum permitted between 7:00 am and 9:00 in Table 4.11-1.

Table 4.11-1 Maximum Permissible Sound Levels [1]
Adjacent Land Use [2]	Max decibels (dBA) 7am-9pm	Max decibels (dBA) 9pm-7am
Residential	55	45
Commercial or Mixed-Use	60	55
I-1 zone district	70	65
I-2 zone district	80	75
Notes: [1] Construction work is subject to standards applicable to the I-2 district from 7 am to 5 pm, the standards applicable to the I-1 district from 5 pm to 9 pm, and the standards based on adjacent land uses between 9 pm and 7am. Operation of trash compactor trucks is subject to the standards applicable to the I-2 district at all times. [2] If there is more than one adjacent land use, the standard for the more restrictive applies

3. Exemptions. The following uses and activities shall be exempt from sound level regulations:

a. Sound made by safety signals, warning devices, and sound resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency;

b. Sound emanating from activities permitted through the issuance of a special use permit, including parades and fireworks displays;

c. Sound emanating from City-sanctioned activities, including those at City parks and recreational facilities, or private activities at the facilities as authorized through a valid permit.

a. No person may operate a solid fuel fired heating device during a high pollution day unless an exemption has been granted pursuant to Subsection 2 below. It shall be the duty of all persons owning or operating solid fuel fired devices to be aware of any declaration of a high pollution day by the Colorado Department of Public Health and Environment.

b. At the time of the declaration of a high pollution day, the City Manager shall allow three hours for the burn down of existing fires in solid fuel burning devices prior to the initiation of enforcement.

a. A person who relies on a solid fuel fired heating device as the sole source of heat may apply to the City Manager for a temporary exemption from subsection (F)(1) of this section. An exemption obtained under this section shall be effective for 12 months from the date it is granted.

b. Burning in a Colorado Phase III certified device or in a solid fuel fired heating device shall be exempt from Subsection 1, provided the device meets standards established under state statute or Colorado Air Quality Control Commission regulations on the date the device is installed, as demonstrated by a test by a U.S. Environmental Protection Agency accredited laboratory and safety tested to Underwriters' Laboratories, Inc.

3. Non-owner-occupied Dwelling Units. It shall be unlawful for a solid fuel fired heating device to be the sole source of heat in any non-owner-occupied dwelling unit. Any violation of Subsection 1 by the tenant of such a dwelling unit shall be considered a violation by the owner of the dwelling unit if a solid fuel fired heating device is the tenant's sole source of heat, and the owner (not the tenant) shall be liable for any penalty imposed.

G. Hazardous Materials. All uses and activities shall comply with all state statutes and regulations regarding the use, storage, handling, and transportation of flammable liquids, liquefied petroleum, gases, explosives, hazardous materials, hazardous wastes, toxic materials and solid wastes, as those terms are defined by applicable statutes, rules, regulations, or ordinances.

1. No materials or wastes shall be deposited upon a zone lot in such form or manner that natural causes or forces may transfer them off the site.

2. All materials or wastes that may cause fumes or dust, or that constitute a fire hazard, or that may be edible by or otherwise attractive to rodents or insects shall only be stored outdoors in closed trash containers that are screened from adjacent property.

3. All biomedical wastes that are processed through ozonation treatment shall either be beneficially reused, recycled, or rendered safe for disposal in a municipal solid waste landfill or other approved disposal facility, or as otherwise permitted by state law.

1. Environmental Impact Summary Document. Applicants shall provide copies of documents, data and permits required by federal, state and local regulatory agencies.

2. Every industrial use, auto repair use, or associated activity, unless expressly exempted by this Unified Development Ordinance, shall be operated in its entirety within a completely enclosed structure or heavily screened area and must be operated so that ground vibrations, negative impacts to water quality, air/particulate emissions, or odors are not perceptible at any point on any boundary line of the site on which the use is located without the use of instruments. Example activities that must be indoors include auto repair or painting, outdoor milling, or extraction of materials. Large scale example uses that involve the use of heavy equipment, including oil and gas operations, mining, batch plants and asphalt processing, automobile salvage yards, or accessory storage, are required to be heavily screened and emissions retained within the property lines. (Ord. No. 2020-37 § 27, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)