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HomeMy WebLinkAboutbocc.ord.060.1999AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ADOPTING AMENDMENTS TO LAND USE CODE SECTION 3-110-110 (LIGHTING STANDARDS) ORDINANCE NO. 99- to 0 Recitals 1. The Board of County Commissioners directed staff to prepare a Land Use Code amendment to revise and update Pitkin County lighting standards; to provide simple, straight -forward direction for use by the public, staff, appointed and elected officials. 2. The Pitkin County Planning and Zoning Commission reviewed the proposed amendment at a regular meeting on October 5, 1999, at which meeting the Planning and Zoning Commission recommended approval of the proposed amendment. 3. After first reading and Public Hearin& on October 27, 1999 and second reading and public meetings on November 3` and December 1, 1999, the Board approved the proposed revisions to the lighting standards. NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County Commissioners that it hereby amends the Pitkin County Land Use Code as follows: Repeal and Re-enact Subsection 3-110-110 Lighting A. APPLICABILITY: The lighting standards in this section are applicable to all lighting in Pitkin County and no lighting shall be installed or continued that violates the standards of this section. B. BULB VISIBILITY: All exterior lighting shall be designed so that the bulb (point light source) is not directly visible from adjacent and neighboring properties or public rights -of -way. This can be accomplished using fixtures which "fully shield" the bulb behind opaque shielding (i.e., the light distribution is primarily down and/or up directed) or which utilize non -transparent diffusion material (e.g. glass, acrylic, or polycarbonate) in the case of fixtures with some sort of translucent lens(es) around the bulb compartment. In the case of opaque shielding, wattage shall be limited to 60 incandescent watts per fixture or 25 compact fluorescent watts. 1 Left: Courtesy of Spero Lighting Right: Courtesy of Remcraft Lighting Figure 1 Shielded lighting fixtures Left: Courtesy of Focus Lighting Right: Courtesy of Latigo Lighting 0 Left: Courtesy of Evergreen Lighting Right: Courtesy of Seascape Lighting Figure 2 Opaque translucent fixtures Left: Courtesy of Kichler Lighting Right: Courtesy of Troy Lighting C) LIGHT TRESPASS: Light trespass is defined as the shining of light produced by a light fixture beyond the horizontal boundaries of the property on which it is located and vertically above the property. For all types of uses, light level shall be no greater than one-half (0.5 ) of a foot-candle at the property line. A foot-candle is a measurable industry standard equivalent to one lumen (a measure of light) per square foot. No commercial property or properties containing mixed uses with a commercial component may exceed 20 foot candles as measured three feet above grade (approximate waist height). D) UPLIGHTING: Uplighting is only permitted when used as follows: 1) To light a primary entrance, when the lighting fixture is wall- mounted under an architectural element (e.g., roofs over walkways/entries or overhanging, non -translucent eaves) and that this element contains the illumination, and 3 2) To light flags, when no more than two light fixtures per flag are used, with a maximum of 150 watts each. The fixture must be shielded such that the point source is not visible outside a 15' radius. E) HIGHLIGHTING: Illumination of building facades, driveways, and landscaping shall be prohibited. Lighting intended to illuminate the Roaring Fork, Frying Pan and Crystal Rivers or their tributaries shall be prohibited. F) FLOODLIGHTING: Floodlighting is only permitted when it is down -directed and controlled by a motion sensor that is triggered by activity within the owner's property lines, and when fully -shielded such that the light source is not visible from adjacent and/or neighboring properties. Ground -mounted floodlighting of a structure is prohibited. G) SAFETY AND SECURITY LIGHTING: The use of motion sensors, photocells, or photocell/timers to control duration of nighttime illumination is required for safety and security lighting. In all cases, light intensity shall be limited to between one (1) and two (2) foot-candles. 1) MOTION SENSORS: These mechanisms are the preferred method for controlling nighttime illumination since they turn on lights only when activated by motion and will remain on during the activity and for a set period of time (typically up to 30 minutes) following the last detection of motion. These are only permitted where the sensor is triggered by activity within the owner's property lines. 2) PHOTOCELLS: These mechanisms illuminate a property for the entire night (i.e., they are activated by sunlight, turning lights on at dusk and off at dawn). They are only permitted under the following conditions: a) at primary points of entrance (e.g., front entries) or in critical common areas for commercial and multi -family properties; b) where the light sources are fully -shielded by opaque material (i.e., the fixture illuminates the area but is not itself visibly bright); and c) the light source is fluorescent (or compact fluorescent) to eliminate excess electricity consumption. For non-residential properties, HID light sources (high pressure sodium and metal halide) may be used instead of fluorescent lighting. TIMER/PHOTOCELL COMBINATIONS: These activate the light source at dusk and turn it off at a selected time several hours later, well before dawn, These are a preferred method when used for nighttime control at primary points of entrance (e.g., front entries) and may be used with fully shielded lighting fixtures with non -transparent diffusion material (see Section "B.") 4 o; 99-bc' H) PROPERTIES ADJACENT TO PUBLIC RIGHTS of WAY: In addition to being in compliance with the above sections, no exterior lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares. Specifically, the following is prohibited: 1) Any light not designed for roadway illumination that produces direct or reflected glare that could be disturbing to the operator of a motor vehicle. 2) Any light that may be confused with or construed as a traffic control device except as authorized by State, Federal, or County government. I) MERCURY VAPOR & LOW PRESSURE SODIUM SOURCES: These light sources are prohibited from use. J) NON-RESIDENTIAL AND/OR MIXED RESIDENTIAL AND COMMERCIAL FIXTURE HEIGHTS & TYPES: Fixture heights (as measured from grade to the bottom face of a fixture) shall be ten (10) feet or less in height, or the fixture must be fully shielded ("cutoff'), non-adjustable, and down - directed (or building mounted and directed back at a facade). For the following special use areas, the specified heights shall apply: 1) PUBLIC PARKING LOTS: Lights shall be between twelve (12) and fifteen (15) feet high. Light intensity shall be between zero (0) and one-half (0.5) foot-candle. 2) PEDESTRIAN WALKWAYS: The preferred option is for low-level "bollard" or pipe -mounted fixtures that are fully shielded and down - directed and have a maximum of four (4) feet height and minimum spacing of twenty-five (25) feet. If pole -mounted fixtures are desired, ten (10) feet is the maximum height with a minimum spacing of fifty (50 feet). Pole -mounted fixtures above 6' in height must be fully shielded, non-adjustable, and down -directed. Lighting intensity shall be between one tenth (0.1) foot-candle and one half (0.5) foot-candle 3) VEHICULAR INTERSECTIONS: Fixtures heights shall be between twenty (20) and twenty-five (25) feet in height. Lighting shall be between one-half (0.5) and one (1) foot-candle. 4) HIGH ACTIVITY PEDESTRIAN AREAS: Lighting shall be between ten (10) and (12) feet in height. Lighting shall be between one-half (0.5) and one (1) foot-candle. High activity areas in this case refers to areas where there are a concentration of people, particularly at night. Figure 3 Fully -shielded, "cutoff' pole fixture "Cutoff" light distribution Courtesy of Kim Lighting Figure 4 Fully -shielded, decorative fixture where bulb is concealed in top of fixture Courtesy of Architectural Area Lighting K) SIGNAGE: The following shall apply to sign illumination: 1) Internally illuminated signs are prohibited. 2) Sign lighting shall be down -directed and shielded from neighboring property and the vision of passing motorists (see section "H" above). 3) Total wattage shall not exceed 75 watts for incandescent light sources and 32 watts for fluorescent sources. L) LINEAR ARCHITECTURAL HIGHLIGHTING: Linear lighting (including neon, fluorescent, rope -lighting, low -voltage striplighting) primarily intended as an architectural highlight to attract attention or used as a means of identification or advertisement shall be prohibited. M) BLINKING LIGHTS. Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity and changing color lights shall be prohibited, except for temporary holiday displays, lighting for public safety or traffic control, or lighting required by the FAA for air traffic control and warning purposes. N) EXEMPTIONS: The following types of lighting installations shall be exempt from the provisions, requirements and review standards of this Section. 0 ; 0 1) Health, Safety and Welfare. If a lighting plan or fixtures are proposed that do not meet this Code but have demonstrable community and/or health, safety and welfare benefits, an exemption may be considered. The applicant shall submit information to adequately assess the community and/or health, safety and welfare benefits for approval by the Community Development Director. 2) Holiday/Winter Lighting. Residential: Winter holiday lighting, including but not limited to lighting in outdoor trees, shall be illuminated only between November 15 and January 30. Commercial: Winter holiday lighting shall be illuminated only between November 15 and March 30. Redstone Boulevard: Residential and commercial winter holiday lighting shall be illuminated only between November 15 and March 30, or as determined by the Redstone Community Association. All other lighting associated with any national, local or religious holiday or celebration may be illuminated two weeks prior to the holiday and extinguished within two days after the holiday. The light intensity of all holiday lighting shall not exceed one-half (0.5) of a foot candle at the property line. 3) Approved Historic Lighting Fixtures. Non -conforming lighting fixtures which are consistent with the character of the historic structure may be exempted with approval from the Historic Preservation Officer or Historic Preservation Commission. Approved fixtures shall be consistent with the architectural period and design style of the structure and shall not exceed 50 watts. 4) Lighting for Temporary Commercial Use/ Special Events. Requests for exemptions for lighting associated with temporary commercial .uses and/or special events may be applied for under the Temporary Commercial Uses/Special Events procedures in the Land Use Code. 0) NONCONFORMING LIGHTING. Unless otherwise specified within this section, within three (3) years of December 31, 1999 all outdoor lighting fixtures that do not conform to requirements of this Ordinance must be replaced with conforming fixtures or existing fixtures must be retrofitted to comply. Until that time, all existing outdoor lighting fixtures in compliance with the 1994 Pitkin County Land Use Code shall be considered legal nonconforming fixtures, provided that the existing fixtures may not be expanded or increased in a manner which would result in greater non -conformity. P) LIGHTING PLAN. Where Scenic Quality policies or regulations are a consideration in land use reviews of proposed development, the Community Development Department has the discretion to require submittal and approval of a lighting plan either as part of the land use review or as a requirement of building permit submittal. Q) APPEAL. Any appeals related to decisions regarding outdoor lighting shall be made to the Board of County Commissioners pursuant to section 4-160. 7 0 INTRODUCED AND FIRST READ AT A PUBLIC HEARING AND REGULAR MEETING ON THE 27m DAY OF OCTOBER, 1999 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIME WEEKLY ON THE 16TH DAY OF OCTOBER, 1999 APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC MEETINGS ON THE 3RD DAY OF NOVEMBER, AND THE 1ST DAY OF DECEMBER1999. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE 15TH DAY OF JANUARY, 2000. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. e R. Dean, Deputy County Clerk Approved as to Form: John El.yrAttorney RECOMMENDED FOR ADOPTION: /q4/kj-*7f-"^Z7 Ellen Sassano, Senior Long Range Planner BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By. Leslie J. Lamont, Date: 8