HomeMy WebLinkAbout06504ORDINANCE NO. 6504
AN ORDINANCE AMENDING TITLE XVII OF THE PUEBLO
MUNICIPAL CODE RELATING TO USE OF EMERGENCY
STANDBY ENGINES AND GENERATORS, PERMITTED
LOCATIONS THEREFOR, PERFORMANCE STANDARDS
THEREFOR, AND SPECIAL USE PERMITS THEREFOR, AND
PROVIDING PENALTIES FOR THE VIOLATION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
(Brackets indicate matter being deleted; underscoring indicates new matter being added.)
SECTION 1.
Title XVII of the Pueblo Municipal Code is hereby amended by the addition of a new
Chapter 13 thereto to read as follows:
CHAPTER 13
Emergency Standby Engines and Generators
Sec. 17 -13 -1. Definitions.
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.
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 non-
emergency purposes in accordance with this Chapter.
Emergency situation means any one of the following:
(a) an unforeseen electrical power failure from the serving utility;
an unforseen 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; or
(c) an unforeseen flood or fire or life - threatening situation; or
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.
Emergency generator means an electrical generator powered by an
emergency standby engine.
Stationary internal combustion engine means a spark or compression
ignited, internal combustion engine which is not readily portable.
Non - emergency 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 6 hours per calendar month;
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 non - emergency purposes.
Sec. 17 -13 -2. Permitted Zone Districts.
Except as restricted or limited by Section 17 -13 -3,
(a) emergency standby engines and emergency generators shall be
permitted as a use by right in all I -2, I -3 and S -1 zone districts;
emergency standby engines and emergency generators intended for
and operated solely and exclusively for use in emergency situations and for
reasonable testing, maintenance or demonstration of operational readiness not
exceeding 6 hours per calendar month, shall be permitted as an accessory use by
right in a B -3, B -4 or I -1 zone district, provided that no such emergency standby
engine or emergency generator shall be operated for any non - emergency purposes in
-2-
said zone districts unless permitted as an accessory use by review in accordance with
the provisions of section 17 -5 -33 of this Title; and
(c) emergency standby engines and emergency generators may be
permitted as an accessory use by review in an R -5, R -6, 0-1, B -1, B -2, S -2 or S -3
zone district in accordance with the provisions of section 17 -5 -33 of this Title.
Sec. 17 -13 -3. Performance standards for emergency standby engines and generators.
(a) Emergency standby engines and emergency generators permitted as an
accessory use by review may be operated on a limited basis for non - emergency purposes for
periods of time and number of days not exceeding the following limitations:
M Operation for non - emergency purposes shall not exceed eight (8)
hours during any calendar day; and,
Operation for non - emergency purposes shall not exceed an aggregate
of 470 hours in anv calendar vear: and
Operation for non - emergency purposes shall not be undertaken on
more than 120 calendar days in any calendar year, and
Operation for non - emergency purposes may be conducted only during
the hours between 6:00 o'clock a.m. and 8:00 o'clock p.m., according to the
applicable time standard then in effect within the City.
Sound levels of noise resulting from the operation for non - emergency
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 1-2,1-3 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, §25 -7 -101, et seq. 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 non-emergency
purposes.
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Operation of emergency generators for non - emergency 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.
Sec. 17 -13 -4. Recordkeeping.
(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 years and made available for inspection and copying
by the Administrative Official, or his designee, upon demand.
The records shall contain all of the following information:
identification of the emergency standby engine and emergency
generator by manufacturer, rated horsepower and date of installation,
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 non - emergency 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.
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.
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.
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QPCTNIN
Section 17 -4 -30 of Chapter 4, Title XVH of the Pueblo Municipal Code, as amended, is
amended to read as follows:
Sec. 17 -4 -30. Public utilities.
(a) For purposes of all districts, a public utility is defined to be a water,
irrigation, sewer, gas, electric, telephone, bus, taxi, ambulance or railroad system or
installation which serves five (5) or more customers, whether or not it is franchised or
organized as a corporation or district. Public utility installations shall be subject to the
following requirements:
(1) Distribution, transmission and service lines and routes requiring
simple easements or installation in public rights -of -way or installed under franchise
agreement with the City and /or County and usual customer facilities shall not be
subject to zoning requirements.
(2) Utility service facilities, the major use of which involves either office,
manufacturing, warehousing, retailing, vehicle storage or maintenance functions,
shall be constructed only in those zone districts in which a private firm not in the
utility business would be permitted to establish a similar function or use.
(3) Special utility facilities, such as water reservoirs, sewage lagoons,
switching yards, pumping stations and other component equipment installations on
land owned or leased and where the equipment is fenced or placed in a building shall
not be constructed until a special use permit has been issued by the Zoning Board of
Appeals.
(4) These regulations shall in no way prohibit the installation of
temporary facilities of the types described in subsections (2) and (3) above in cases
of emergency conditions, provided that, within a reasonable period of time,
application is made for approval of installation of permanent facilities.
(b) Neither wireless telecommunications providers, nor the towers, antennas or
other facilities used by wireless telecommunications providers, shall be considered as a
public utility for purposes of this Title.
(c) Neither emergency standby engines or emergency generators, nor any use
thereof, shall be considered as a public utility or public utility installation for purposes of
this Title
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SECTION 3
Administration and enforcement of this Ordinance shall be in accordance with the provisions
of Chapters 5 and 7 of Title 17 of the Pueblo Municipal Code, as amended. Any person violating
any provisions of this Ordinance shall be punished as provided in Section 17- 7 -3(c) of the Pueblo
Municipal Code.
SECTION 4.
This Ordinance shall become effective thirty (30) days after final passage and approval.
ATTEST:
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City C k
INTRODUCED: January 10 , 2000
By Al Gurule
Councilperson
APPR D:
nn � I'
Pr sident of the City Council
I Me