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PZC Packet 030204
1 I I Town of Avon Planning & Zoning Commission Site Tour March 2nd, 2004 12:00 PM Town of Avon Municipal Building 400 Benchmark Road CANCELLED Please meet at the Community Development Department Conference Room Town of Avon Planning & Zoning Commission Work Session March 2nd, 2004 5:30 PM Council Chambers Town of Avon Municipal Building 400 Benchmark Road 1. AGENDA A. Discussion of regular meeting agenda items. Estimated times for each agenda item are shown for informational purposes only, and subject to change without notice. Posted on February 27th, 2004 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • City Market, main lobby • On the Internet at http.//www. avon.org Town of Avon Planning & Zoning Commission Regular Meeting March 2nd, 2004 6:00 PM Council Chambers Town of Avon Municipal Building 400 Benchmark Road AGENDA 1. Call to Order (6:00pm) 11. Roll Call 111. Additions and Amendments to the Agenda IV. Conflicts of Interest V. Consent Agenda Approval of the February 34, 2004 Planning & Zoning Commission Meeting Minutes [Tab 1] VI. Master Sign Program (6:05pm - 6:15pm) A. Lot 22, Block 2, Benchmark at Beaver Creek Subdivision 240 Chapel Place Applicant: Greg Gastineau, Timberline Management [Tab 2] Greg Gastineau, property manager for Chapel Square, is proposing a Master Sign Program (MSP) for the entire Chapel Square PUD. This application allows all existing signage on the property remain in place, and sets standards for new monument signs, banner signs, and new tenant signs. The monument and banner signs will be reviewed. Posted on February 27*,2004 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • City Market, main lobby • On the Internet at http://www.avon.org VII. Lighting Ordinance Discussion (6:15pm-7:15pm) - OPEN To PUBLIC This is a work session to discuss a new Town Lighting Ordinance to be adopted by Town Council. Discussion will include the timeline for approval, goals and objectives, design themes, and what other municipalities have done and the strengths and weaknesses of already adopted lighting ordinances. This work session is open to the public and input is encouraged. [Tab 3] Vlll. Minor Project Approval (7:15pm - 7:20pm) A. Lot 1 11C, Block 1, Wildridge Subdivision 2011 Beaver Creek Point Deck Expansion Applicant: Gies Architects Staff approved a deck expansion at a Beaver Creek Point single-family residence. IX. Other Business (7:20pm - 7:25pm) X. Adjourn (7:25pm) Posted on February 27% 2004 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • City Market, main lobby • On the Internet at http://www. avon.org Minutes of Planning and Zoning Commission February 3,2004 Council Chambers Town of Avon Municipal Building 400 Benchmark Road 1. Call to Order The meeting was called to order at 6:00 pm. 11. Roll Call All Commissioners were present with the exception of Commissioner Trueblood. 111. Additions and Amendments to the Agenda There are no additions or amendments to the Agenda. IV. Conflicts of Interest Commissioner Karow disclosed a conflict of interest with: Item VI, Master Sign Program, A. Lot 22, Block 2, Benchmark at Beaver Creek Subdivision, Chapel Square MSP - deferred submittal, 220 - 240 Chapel Place, PUD 21 and Variance Lot 7; Item VII, PUD Amendment /Sketch Plan Subdivision, A. Lots 21&30, Block 2, Wildridge Subdivision, 2967 June Creek & 2631 Bear Trap, Resolution No. 04-08; and, Item Vlll, Variance Applications, A. Lot 7, Block 1, Wildridge Subdivision, 3038 Wildridge Road, Resolution No. 04-07. V. Consent Agenda Commissioner Karow motioned for the approval of the Meeting Minutes from the January 6,2004, Planning & Zoning Commission Meeting. Commissioner Smith seconded the motion. The motion passed 5-0 with Commissioner Evans abstaining as he was not present at the last meeting. VI. Master Sign Program A. Lot 22, Block 2, Benchmark at Beaver Creek Subdivision Chapel Square MSP - deferred submittal 220 - 240 Chapel Place Applicant: Greg Gastineau, Timberline Management This is the second half of the new proposed Master Sign Program (MSP) application from Greg Gastineau. The first half of this application (tenant and arcade signs) was approved at the January 6th Commission meeting. Being reviewed with this submittal is the monument and banner signs for Chapel Square. Matt Pielsticker presented the Staff Report. Commissioner Didier questioned the piece meal effort on the part of the applicant regarding this sign approval F:\Planning & Zoning Commission\Minutes\2004\020304.doc Page 1 0 f 10 completeness. Chairman Evan did not believe acting on one small portion of this application was appropriate and believed tabling was beneficial. Commissioner Neville moved to table this application and Commissioner Didier seconded the motion. The motion passed 5-0. VII. PUD Amendment /Sketch Plan Subdivision - PUBLIC HEARING A. Lots 21&30, Block 2, Wildridge Subdivision 2967 June Creek & 2631 Bear trap Resolution No. 04-08 Owners/Applicants: Shane & Heather Bohart, George & Patricia Plavec This is a PUD Amendment application pertinent to Lots 21 and 30 Block 2 properties located within Wildridge Subdivision. The landowner of Lot 30 is requesting to re-subdivide the property from a single 5.76-acre parcel into 6 separate residential parcels, thereby increasing the residential development rights from 2 to 6 dwelling units. The newly created five lots would be accessed exclusively via an extension of June Creek Road. The owner of Lot 21 is requesting to re-subdivide the property from a single 3.84-acre parcel into four separate residential parcels thereby increasing the residential development rights from 2 to 4 dwelling units. These newly created lots would also gain access from June Creek Road. This agenda item is a Public Hearing allowing for public input. Ruth Borne presented the Staff Report after thanking the audience for their attendance and encouraged public presence at future Town Council Meetings. Staff has received 8 letters of support including the applicant, George Plavec, who owns 6 properties. All letters have been provided to Planning and Zoning members. We have received a petition signed by 97 people opposing this application. We have received 33 letters written by homeowners and people in the community opposing this PUD. Failure to comply with the Comprehensive Plan and its' up zoning of the area has warranted staff to seek denial of this application. Chairman Evans mentioned the receipt of packets today by the applicant that will not be taken into account for this review. The process clearly states that all applications are due two weeks prior to the meeting and materials handed 25 minutes prior to the meeting can not be adequately reviewed. Ruth Borne clarified the role of the Planning and Zoning Commission is for recommendation to the Avon Town Council and Council is the decision maker for this application. Shane Bohart presented this application. Incorrect Public Notices were initially sent out and second sets of Notices were mailed and were not received by all appropriate residents, which caused misunderstanding. He explained inaccuracies such as the dwelling unit rights. Whereas some property owners built single-family homes on duplex lots, it afforded the return to the Town of said F:\Planning & Zoning Commission\Minutes\2004\020304.doc Page 2 of 10 dwelling unit rights totaling 15 to date. Mr. Bohart mentioned that he had made repeated requests for the review of this application, submitted on December 17, 2003, and that the meeting did not take place until January 30,2003. He did not believe he had sufficient time to discuss all the issues with staff. Mr. Bohart voiced his disagreement with many aspects of the Staff Report and sent it to his legal counsel for review. Mr. Bohart then proceeded to read the summary paragraph from his attorney's office addressing the PUD and its need for approval. "In conclusion, I see no basis in the PUD Amendment Report or in Sketch Plan Report from Staff and P & Z... While there are a handful of technical issues that need to be resolved, there is no indication that those issues are of a nature that could conclude the successful resolution given the preliminary plan and final plat process. In fact, they are precisely the kind of technical issues that are typically the subject of further refinement during those processes as the level of engineering detail decreases." Mr. Bohart explained how he came up the idea and its design; how it is an economic advantage to the Town of Avon in water tap fees, property tax, building permit fees, transfer tax fees, etc.; the creation of a paved access road to the trail on Forest Service Land and environmental benefits for June Creek. He discussed his "20" reasons why this application has merit as he presented in his information packet. Mr. Bohart desired to have entered into the record an engineer's list that addressed the Town's Engineer's concerns list. Chairman Evan reminded Mr. Bohart that new material could not be entertained at this time. Mr. Bohart said he wanted it referenced into the record. Mr. Bohart then brought to light other lots that increased their dwelling unit and their precedent to his application. He proceeded to show his map with properties and their dwelling unit rights designations and density. Mr. Bohart revisited the financial benefits to the Town of Avon. He stated that it is not a matter of up zoning but of using available dwelling units. Mr. Bohart and his partner, George "Tripp" Plavec, would pave the access road, finance the signs needed for the new trailhead and would place special assessments to the new homeowners on this application to finance the road and thus would be a zero burden financially to the town. They are willing to spend $35,000 for the Community Park and $3000 to the Forest Service for signage package and parking improvements. He mentioned the implications of additional traffic in the area and he did not believe it was an issue. Mr. Bohart, in talking with residents, was willing to deduct the number of residences to be planned on his lot. He requested of Planning and Zoning Commission to judge this project based on intellect and not emotion. Prior to opening the meeting to the public, Chairman Evans voiced a need to provide some clarifications. Chairman Evans said that there were a couple of comments made by Mr. Bohart that while he was trying to correct what he saw as inaccuracies in information given out, Chairman Evans saw as somewhat I':\Planning & Zoning Commission\Minutes\2004\020304.doc Page 3 of 10 inaccurate in the way they were presented. In order to cut comments down on them, he wanted to clarify them. Chairman Evans began with while there were seeking an increase of 6 development units, there was reference made to "I have one up here and I have another one down here". Chairman Evans commented that Mr. Bohart had two development rights as far as a duplex is concerned and did not have a right on either lot to put two single family homes on each as they exist right now. This would be a totally separate application. The issue is not 'we can put two single family homes on each lot now and are only asking for six more'. The easement on private property as mentioned as a hardship to the applicants is not that unique of a situation or is it a surprise to anyone. The easement existed prior to the individual purchase of the lands. And, the giving back of the development units or rights, which is probably what got a lot of people to attend this evening's meeting, were items addressed as vacated and not purported to be vacated or not built upon since a single family home was built, ones that were actually down-zoned over the last few years. These were given back as a consideration for the applications themselves and do not sit in a pool to be given out as the Town sees fit. Public Hearing is opened. Jerold Miramonte, 4081 West Wildridge, and share a property line with one of the applicants (Lot 30). Mr. Miramonte described his premise for purchase of his property. He complimented staff's denial recommendation and thanked Ruth Borne for her insight. Tim Savage, 2685 Bear Trap, voiced his opinion to deny this application in its entirety. He mentioned that, in the last 10 years, 81 people have bought lots in Wildrdige. He stated that this application was about the applicant making a "boatload" of money and not about social and economical benefit for the residents and the Town of Avon. He felt it is the job of Planning and Zoning Commission to protect the integrity of "his" neighborhood. Gregg Barrie is opposed to the up zoning of lots in Wildridge. He believes that the applicant has a right to develop this lot as a duplex. He was opposed to a development, which up zones existing lots in the PUD. The PUD is based on varying lots sizes and densities, avoiding steep slopes and the preservation of open space between the homes. He proceeded to read his objection letter from Matt Mire, his neighbor on 2920A June Creek Trail and Vail attorney, who was unable to be present. Mr. Barrie then proceeded to go through the 20 key items as presented and commented with his opposition of each item of this application. He also mentioned that he buys and builds playgrounds and that $35,000 would not provide much of a playground. Guy Erickson, Eaglebend resident, approached the podium and voiced his support of this application as it would benefit Wildridge residents economically if done properly, particularly in these times of economic hardship for the Town. F:\Planning & Zoning Commission\Minutes\2004\020304.doc Page 4 of 10 Dave Dantas, builder and Wildridge resident, discussed his vacation of two dwelling units. He owns Lot 47, Block 3, on the top of Wildridge by Forest Service access and, if this application were approved then he could do the same on his properties and he wanted this application to be denied. Brent Biggs, Wildridge resident of Lot 19 on June Creek Trail and a civil engineer, presented a site plan for the proposed property. Ruth Borne mentioned that the site plan was included in the Planning and Zoning Commission packets. Mr. Biggs mentioned that cul-de-sacs had maximum distance requirements and this project intended to exceed it. The road's slope would exceed 8% that is greater than the allowable percentage. As well, cul-de- sacs should not be designed with more than twenty dwelling units on them and there are already twenty dwelling units in existence on June Creek Trail. He felt these were key issues in the design that were flawed. Mike Warmenhoven, 2940 June Creek Trail, voiced thanks to the Town of Avon and the Planning and Zoning Commission for the excellent job done in Wildridge to date. He brought to light the increase in traffic for the area and its impact on children in the area by this proposed project. He implored the Planning and Zoning Commission to deny this application. Tripp Plavec, speaking as a member of the public mentioned that increase of residences is acceptable for the area and for the town economically. He commented that the trail was frequently used and that it being paved and having more parking would be desirable. He mentioned that there would be 5.6 million dollars being spent on construction costs and figured that 90% of the labor and 80% of the materials would be coming from Eagle County with 3.7 million dollars being returned to the valley had merit. He felt everybody involved would benefit. Katherine Byers, 2427 Saddleridge Loop, bought a duplex lot and built a single family home. She voiced concern for adequate public services, i.e. water, sewers, police and fire services especially with a higher density. She is not willing for more people to impact the services and is "definitely against this application". Chris Green, 2909 June Creek Trail, mentioned that neighbors who built single- family homes on their duplex lots did not abandon their additional density rights. These people still hold them. Just because they built a single family home instead of two units, does not mean that someone else has the right to take something that they haven't developed and use it in a development. Approval of this application would give a line of approval for that kind of process. He believes that this would be bad governing and bad precedent. All properties were purchased with the knowledge of their neighbors' use of their lots. He was concerned with the retaining walls that would be required by a 10% driveway and a height of 42 feet above existing grade with the town's limit being 35 feet. He sought denial of this project. F:\Planning & Zoning Commission\Minutes\2004\020304.doc Page 5 of 10 Tom O'Brien, 2692 Bear Trap, is concerned with the detrimental effect this application would have on his property. He doesn't believe that changing the zoning is good for the community. This is pure and simple an up zoning and it will require a significant change in the building rules. He sees no value to the community in this project; just the people who are doing it will make a pretty penny. Erik Peterson, 3063 Wildridge Road, voiced his support and didn't think that creating acre lots for development is bad, additional park facilities and access to Forest Service land is a positive move to high-end development. Bill Jones, 4400 block of Wildridge Road, voiced opposition. He feels that the people bought duplex lots and should build duplexes. Kim Burns, 2323 Fox Lane, voiced opposition and doesn't think June Creek Trail is dangerous or a hazard. Ron Brethart (?) of 2200 Wildridge Road, feels precedence is being set with this application and is opposed. Nigel Dagnall, does not support this application, along with his wife, Victoria. He feels the environment of the Wildridge Subdivision would be adversely effected with the proposed lots and destroys the theme of the area. He is in support of the Staff Report. He stressed that the original zoning must stand. We urge the planners for the Wildridge Subdivision work within the agreed constraints of the original planning and zoning recommendations. Brian Nolan, Longsun Lane resident, said it is sad when developers believe that developing a piece of property and contributing $114,000 to the $30,000,000 budget of this Town is a big deal. The town needs to grow and prosper in positive ways. He was opposed to the project. Jerald Burks, Wildridge resident, admired the presentation by the applicant, feels the western side could be creatively carved out of the property but the main concern is the property owners in the area and their specific feelings on the project. He voiced his opposition to the application. Peter Buckley, Wildridge resident, approached the podium to let the public know that he listened carefully. Public Hearing closed. Chairman Evans wanted to review several issues. There are a lot of times that the Planning and Zoning Commission does make a decision in which that decision, pending an appeal to Town Council, essentially stands, such in the F.\Planning & Zoning Commission\Minutes\2004\020304.doc Page 6 of 10 case of Design Review and similar matters. In this particular instance, Town Council will make the final decision regardless of what our decision is tonight. Mr. Bohart responded to the public viewpoint. He began with discussing the up zoning and in view of the property; no one would be impacted by this development. He believes that people are bothered by the premise and not the actuality of the project. He will be approaching Town Council for their decision. He now wishes to amend this application to incorporate the input from this meeting. He stated that his engineers did not have issues creating the driveways for each lot, he struggled with the dwelling units issue having not been accurately understood, the impact of the view corridor to its neighbors doesn't exist and feels the park and cul-de-sac is beneficial to the community. He spoke regarding the petitions that the park, Forest Service access, cul-de-sac, etc., were not understood prior to signing of the petitions. He continued with discussing the impact on people. The adjacent homeowners view corridor is not impacted; it is beneficial from an economic side and would increase their property values. He continued with the value of the park, parking and the Forest Service access. Commissioner Neville referenced the new Comprehensive Plan that is currently in the works and complimented the audience for their civil behavior. He does believe that there are opportunities with developments that are win win situations for the Town and the developer. He did not think this application would set a precedent for Wildridge. However, this application does not conform the Town of Avon's Comprehensive Plan and thus he sought denial. Commissioner Smith thanked the audience for their input and believed the biggest concern was the variance on the setbacks that would have to be created. In a 1991 recommendation from Town Council, a change was made to not up zone. She voiced her opposition to the project. Commissioner Hirn was concerned regarding the support by our municipal services as stated by Ms. Myer. The lot steepness and adjacent homeowner concerns of changes to these lots not the primary issues. The cul-de-sac upsizing was his main concern and could not approve the application Commissioner Didier complimented Mr. Bohart on his presentation. Commissioner Didier sees a lot of benefits but just doesn't see it working. He liked the road going all the way to the Forest Service, sewers were an issue, felt there was difficulty with the lots as presented, and doesn't work with the character of the neighborhood. Commissioner Didier could not support the application. Chairman Evans stated the Town Council directive of no up zoning from a 1991 Resolution. The goals which the policies within the Comprehensive Plan are set forth to promote are not supported in this application. Public concern for lower density as demonstrated by the building of single-family homes on lots originally F:\Planning & Zoning Commission\Minutes\2004\020304.doc Page 7 of 10 zoned duplex. The cul-de-sac being too long and with too many homes on it, is another issue entirely. Although it sounds like a minor technicality, it is a rule and a regulation that we have to abide by. Relocation of the cul-de-sac would be a very significant negative impact on adjacent properties and there is concern about the impact on Town services. These issues do not allow support for the application and its increase in density. Commissioner Hirn motioned to approve Resolution No. 04-08, denying PUD Amendment /Sketch Plan Subdivision, Lots 21&30, Block 2, Wildridge Subdivision, 2967 June Creek & 2631 Bear Trap. Commissioner Smith seconded the motion and it carried unanimously. VI11. Variance Applications - PUBLIC HEARING A. Lot 7, Block 1, Wildridge Subdivision 3038 Wildridge Road Resolution No. 04-07 Applicants: Snow Now 11 & Community Development Staff During the design review process for this 3-plex, there was a discrepancy with the side-yard setbacks between the Town Code and the Wildridge Subdivision Plat. The applicant is requesting a variance from Section 17.50.040 (Lot Setback Provisions) of the Town Zoning Code in order to allow the placement of a portion of a newly constructed 3-plex within the side setback. The Town Zoning Code specifically states in Section 17.50.040 "No building projections shall be permitted into required lot setback areas except, that there shall be no restriction on walks and steps. Setback areas shall be open from the ground upward." Open Public Hearing. Ruth Borne presented the Staff Report. Commissioner Evans asked if this was an honest oversight to the property owner and not an issue of maximizing the lot. Staff made a conscious mistake with this project and this Variance is to correct. Public Hearing closed with no public input or comments. Commissioner Neville motioned to approve Variance Application, Lot 7, Block 1, Wildridge Subdivision, 3038 Wildridge Road, Resolution No. 04-07, with Commissioner Didier seconding. All commissioners were in favor. IX. Minor Projects A. Lot 67, Block 2, Benchmark at Beaver Creek Subdivision 0072 Beaver Creek Place City Market Remodel Applicant: Robert Biesk of Mitchell Plus Associates The applicant, Robert Biesk of Mitchell Plus Associates, has submitted a Minor Project application for a complete re-painting of the exterior of City Market, located at 0260 Beaver Creek Place. Also included with this application is a plan to completely remodel the interior of the store that includes the addition of a F:\Planning & Zoning Commission\Minutes\2004\020304.doc Page 8 of 10 Starbucks Coffee. Staff is recommending approval of these building improvements. B. Lot 11, Block 1, Eaglebend Subdivision - APPROVED 4500 Eaglebend Drive Deletion of half-dome window on southern elevation Applicant/Architect: John M. Perkins Staff approved this Minor Project application for the deletion of the dormer window on the top floor of the eastern unit of this duplex. The project is currently under construction. C. Lot 6, Block 1, Benchmark at Beaver Creek Subdivision - APPROVED 0211 Nottingham Road, Unit F Extend Dormer roof and deck addition Owner/Applicant: Patrick Pinnell This Minor Project application was to extend the shed dormer to turn a vaulted closet space into useable space. Also included in this application was the addition of a deck on the second floor, accessed from the newly created space on the southern elevation of the town home. All owners of the other Balas Town home units approved this design. D. Lot 22, Block 2, Benchmark at Beaver Creek Subdivision - APPROVED 220 Chapel Place Temporary storage and hiring trailer Applicant: W.E. O'Neal Construction Co. Staff approved this application for a temporary hiring trailer and a temporary storage trailer to be placed in the parking lot in front of the new Office Depot location in Chapel Square. Separation of construction and public must be maintained and the trailers must be removed from the site prior to occupancy. XIII. Other Business A. Lot 61 Update B. Comp Plan Update C. Banner regulations for Special Events D. Lighting Ordinance discussion Review Applications X. Adjourn Commissioner Hirn made the motion to adjourn. Commissioner Smith seconded and the motion was unanimously approved. The meeting adjourned at 8:30 pm. Respectfully submitted, F:\Planning & Zoning Commission\Minutes\2004\020304.doc Page 9 of 10 Ruth Weiss Recording Secretary APPROVED: Chris Evans Chairman Terry Smith Secretary F:\Planning & Zoning Commission\Minutes\2004\020304.doc Page 10 of 10 [WEJEITTEEl-3 Staff Report MASTER SIGN PROGRAM AWN COLORADO March 2 nd , 2004 Planning & Zoning Commission meeting Report date February 27% 2004 Sign type Master Sign Program Legal description Lot 22, Block 2, Benchmark at Beaver Creek Subdivision Zoning Planned Unit Development (PUD) Address 240 Chapel Place Introduction This is a summary o f review criteria, staff comments and recommendations regarding the proposed Master Sign Program (MSP) for Chapel Square. The MSP under review allows all existing signs that conform to the current Chapel Square MSP to remain in place and be accepted as conforming to this new program. The program under review includes signage criteria for five monument signs, twenty-three tenant identification signs, fifteen arcade signs, and up to thirteen directional banners. th The 23 tenant signs and 15 arcade signs were approved at your January 6 , 2004 meeting. For review are the remaining monument (Type A) signs and banner (Type D) signs. Staff is recommending approval of both sign types (A and D) with the exception of Sign A3. Following is a summary of the program: Monument Signs (Type A): Three freestanding monument signs are proposed with this application, along with modifications to the existing Outback sign. These signs are internally illuminated signs supported by stone base. As proposed the signs stand anywhere from 8 to 16.5 feet, with the exception of the existing Outback sign which already stands over 25 feet tall. Materials proposed include: stone veneer, aluminum, stucco, and limestone caps. The surveys that staff required for these signs were received and are in compliance with the Town' s siting requirements. Staff recommends that the Commission approve the design and siting of these signs with the condition that the stucco color must match the adjacent building's stucco color. Directional Banners (Type D): Directional banners are included with this application and are to be mounted to various existing Town light poles in Chapel Square. The purpose of these signs is to direct both foot and vehicular traffic to retail shops, restaurants, and parking. These signs will not display any tenant business names. Intended for year round use, these banners are the responsibility of the owner. As Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lots 22, Block 2, Benchmark at Beaver Creek Subdivision, Master Sign Program March 2nd. 2004 Planning & Zoning Commission meeting Page 2 of 3 proposed, the owner would retain the right to change out the banners for special events and holiday seasons. Staff would like to reserve the right to review any proposed banners as they change throughout the year. In order for this type of sign to be affixed to the existing light poles, the light poles require modifications for the attachment method. The manufacturer of the light poles has designed and submitted a breakaway style arm to hold the banners in case of an extreme high wind event. Staff is recommending approval of this sign type, with a condition that the Town must review the design of proposed banners as the design changes throughout the year. Design Review Considerations According to the Town of Avon Sign Code, Section 15.28.070, the Planning & Zoning Commission shall consider the following items when reviewing proposed designs: 1. The suitability of the improvement, including materials with which the sign is to be constructed and the site upon it is to be located. Type A: A variety o f materials are proposed with this sign type and all materials are consistent with the already approved sign program. The siting of these signs has been reviewed and is acceptable. Type D: The material of these proposed signs (Tyvek or similar) is of high quality and supported. After working with the applicant and the light pole manufacturer, staff is comfortable with the modified attachment method and banner location. 2. The nature of adjacent and neighboring improvements. The immediate area consists of retail, residential, regional and neighborhood commercial land uses. 3. The quality of the materials to be utilized in any proposed improvement. Type A: The stone, stucco, and aluminum boxes are supported by the sign code. Type D: The banner signs are proposed with a "Tyvek or similar" sign material. 4. The visual impact of any proposed improvement, as viewed from any adjacent or neighboring property. Type A: The visual impact of the monument signs should not have any adverse impacts to adjacent properties. Type D: These signs will be visible from adjacent properties and roadways. Staff feels that the banners may help to bring attention to this part of Town. 5. The objective that no improvement will be so similar or dissimilar to other signs in the vicinity that values, monetary or aesthetic, will be impaired. Type A: Staff does not feel that monetary values will be impaired with this sign-type. Type D: There are no similar signs in the vicinity. However, staff does not feel that this sign type will be so dissimilar to other signs in the vicinity to impair aesthetic or monetary values. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lots 22, Block 2, Benchmark at Beaver Creek Subdivision, Master Sign Program March 2nd. 2004 Planning & Zoning Commission meeting Page 3 of 3 6. Whether the type, height, size, and/or quality of signs generally complies with the sign code, and are appropriate for the project. Type A: The construction and quality ofthese signs is supported. Staff believes that the height and size of these signs is appropriate for the project. Type D: This sign type is appropriate and may help to bring attention to Chapel Square. The ground clearance for the banners is 7 feet 6 inches as proposed. 7. Whether the sign is primarily oriented to vehicular or pedestrian traffic, and whether the sign is appropriate for the determined orientation. The signs are oriented to vehicular tra ffic, with the exception of the arcade signs. This orientation is appropriate. Staff Recommendation Staff recommends the approval of the Master Sign Program for the Chapel Square PUD located on Lot 22, Block 2, Benchmark at Beaver Creek Subdivision with the following conditions: 1. Sign Types A and D are approved. 2. Sign A3 is not approved due to its location within the Town's Right-of-Way and conflicts with driver visibility. 3. The narrative portion of the program that gives the authority of the property manager to change banners throughout the year must be revised to require Town approval for banner design and color changes. 4. The 'yellow elastomeric" paint to be used on the stucco portions o f the monument signs (Type A) must match the adjacent buildings' stucco color. 5. A finalized color version of the revised master program specifying these requirements must be submitted and approved by staff for an official office copy. This final submittal must include a revised Site Plan, the survey information of the monument signs, and the revised banner details. No sign permit will be issued until this submittal is approved by staff. 6. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions o f approval. If you have any questions regarding this project or any planning matter, please call me at 748.4413, or stop by the Community Development Department. Respectfully submitted, r a ;-1 2~~0»==4 1 L Matt Pielsticker Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 CHAPEL SQUARE SIGN PROGRAM - SIGN DESIGN CRITERIA 1 GENERALINTENT These criteria have been established with the intent of assuring visual harmony for the mutual benefit of all tenant leases. Conformance to these criteria will be enforced by the Lessor and any nonconforming or unapproved signs will be brought into conformance atthe expense of the Lessee. Existing signs which conform to the previous sign guidelines will still be considered to be conforming signs and will be accepted by this amended sign program. The purpose of these amended criteria is to allow tenants to have individual identity in their exterior signage, something which is critical to the success of their retail and/or restaurant businesses. 2 GENERAL REQUIREMENTS A The Lessee shall be responsible for the fulfillment of all signage requirements and specifications. B All permits for signs and their installation shall be obtained and paid for bythe Lessee. C The Lessee shall submit to the Lessor for approval two (2) copies of a detailed shop drawing, to scale, of all proposed signage and/or graphics prior to fabrication and priorto making application to the Town of Avon for review. These drawings shall indicate size and style of lettering, installation details, colors and logo design. The Lessor shall retain one (1) copy of the approved drawing and return the other to the Lessee. D All signage shall be approved by the Lessor and all local governing authorities prior to fabrication. Lessee shall be responsible for any and all permits if necessary. E Logo decals, hours of business, credit cards, emergencytelephone numbers, etc shall be limited to a total of 144 square inches (one square foot) per single door entrance. Handwritten signs will not be permitted; these signs must be professionally produced and installed. F Advertising devices such as attraction boards, posters, banners and flags are not permitted. G Flashing, animated, audible, revolving signs or signs which otherwise create the illusion of animation are not permitted. H Signs with exposed bulbs or light sources are not permitted. 1 The Lessee shall be responsible for the installation and maintenance of all signs as well as the operations of their sign contractor. 3 GENERAL SPECIFICATIONS A SIGN TYPE A: Monument Signs (by Lessor, not Lessee / Tenant) 1 See site map for proposed monument sign locations (Sign Type A). 2 Monument signs are internally illuminated and are provided and maintained by the Lessor. 3 Tenants will be allowed, on a space available basis, to have a sign placard identifying the Tenant included on a monument sign. Tenantto contactthe Lessor to make such a request. RECEIVED .NOV 1 0 2:DO] 12/15/2003 15:16 9704761 JOU ROBIN KEVIN DE- _.AN PAGE 06/07 ' Dec.11 2003 8:46PM ATLANTIS No.6460 P. 3 4 If space is available, Lessor will provide the Tenant with size parameters for the particular placard location that is available. Tenant shall submittothe Lessortwo (2) copies of detailed drawings,to scale, of the proposed placard prior to fabrication. 5 Al] tenant identification p!,cards on monument signs to have a white sign face and a hold contrasting color for their logo/type. 6 Refer to Sign Drawings Sl. S2, S3. S4. 35 and 66 for details related to specific monument signs. B SIGN TYPE B: Tenant Identity Signs (by Lessee / Tenant) 1 Location of exterior signs must be centered within the archway of each location. 2 Identity signs will be made up of one cabinet(see enclosed drawings for shapel. 3 A maximum of one (1) cabinetsign wi[I be permitted per tenant entrance. 4 The size of the cabinet signs will be 2 feet high and 10 feet long (wide); see attached diagram. 5 Bottom 01 sign cabinet willbe 8'-0" above thefinished sIdewalk Ifany signelements project beyond the elliptical bounds fy of the sign cabinet,these elements will maintain a minimum clear distance of 7'-6" above the finished sidewalk. Referto Diagram B attached. 6 Sign cabinets willbemadefrom 1/8-thickaluminum. Thecolorofthesign cabinet will be metallic bronze to match existing sign cabinets. 7 The color ofthe sign face, individualletters, numbers or symbols withinthe sign face may var,to meet the individual needs and idenvty of the Lessee. Tenants are encouraged to develop a sign that clearly and creatively identifies their business - using bold and easily readable fonts /typefaces, contresting colors. and logos or other graphic elements which visually describe their business and create an appealing sign to attract customers. 8 Identity Signs: Major Single Tenant- Identity Signs: Any future single·tenantoccupying the previous WaIMart space shall conform to Town size requirements {currently this refers to Gart Sports, Office Depot and Pier 1 Imports), 0 SIGN TYPE C: Tenant ldentity Signs- Arcade / Blade Signs (by Lessee /Tenant) 1 Tenants with morefronts set back under arcades will be allowed a maximum of one (1} hanging arcade blade sign per tenant entrance. Blade signs shculd be 2-sided freadable from both directions). 2 Maximum size of blade sign to be six (61 square feet. Dimensions of sign to be eighteen {18) inches high by forty-eight (48} inches wide/long, Bottom of sign shall hang above the walkway at a clear distance of B'-6". Refer to Diagram C attached. 3 Blade signs shall be perpendiculartothe tenant storefront and centered within the arcade width between the tenant storefront entrance andthe arched colonnadeof the arcade. 4 The color ofthe sign face, individual letters, numbers or symbols within the sign face may vary to meet the individual needs and identity of the Lessee. Tenants are encouraged to develop a sign'that clearly and oreatively identifies their business-using bold and easily readabie fonts/typefaces, contrasting colors and logos or other graphic elements which visually describe their business and create an appeaiing sign to attract customers walking along the arcade. 5 The color/finish of the hanging hardware to be metallic bronze. D SIGN TYPE D: Directiona[ Signs (by Lessor, notlessee/Tenant; 1 Directional signs will be the responsibility of the Lessor and may be implemented as fabric baniners {Tyvek or similar) mounted on light posts. Refer to Diagram D attached for directional banners. 2 Direotional signs are intended to offer general diraction to retail shops, restaurants and parking; these signs are not intended to be renant ID signs and will not display any tenant names or logos. 3 Lessor shall retain the rightto change out the banners for special events and/or holidayseasoms:the banner designs submitted in this package are orherwise intended for permanentyear-round display. 4 CONSTRUCTION REQUIREMENTS 1 Sign Types A and B shall be internally illuminated. Sign Types C and D shall not be directly illuminated, 2 Electrical service to all illuminated signs will be offthe Lessee's electric meter. 3 No exposed junction boxes, lamps, tubing transformers, raceways, neon or gas-filled tubes of any type are permitted. 4 All signs must be U.L. listed and bearthe U.L. label. 5 Installation must comply with all applicable building, electrical and sign codes. 6 The Lessee's sign contractor must seal off and touch up all mounting holes and leave the premises free of debris after installation. The Lessor will be authorized to correct all such work atthe expense of the Lessee. 7 Lessee is responsible for the removal and repair of the premises to its original condition at Lessee's expense. If Lessee shall fail to the return the premises to its original condition, Lessor shall have the right to perform such work, and upon completion thereof, Lessee shall pay to Lessor as additional rent upon demand the cost of overhead attributable to the making of such repairs. CHAPEL SQUARE INFORMATION / COMMUNICATION HIERARCHY IDENTIFICATIONAL · Identify key tenants in Chapel Square A Tenant ID Signs (to draw people from outer areas, and on Monument Signs help direct them as they approach ChSq) IDENTIFICATIONAL • Identify key tenants in Chapel Square Tenant ID Signs (Ellipses) (close to tenant facades, help direct on Outer Storefront Soffits people as they navigate w/in ChSq) 4~0 aDENTIFICATIONAL <· • Identify tenants in arcade areas of 1#~ #38 ..Tenant ID Signs (Blades) , Chapel Square (blade signs at tenant Vit' fat Tenant Storefront (Arcades) storefronts in the arcades ) DIRECTIONAL • Direct people to key tenants and under- e Tenant ID with ground parking via monuments, 'banners Directional Info on lightpoles, etc...use arrows / lights) A1 ~ Light Pole hi /0-L . u11111111111[1111'UAi~ Beaver Creek Place .l'L-,»1.- ' 4*A··· ., C 11 - -- 7~£ \ 4 >ifililf" Flti \ f#'.:-- ..W'*44\* 34%*iyrAI:95:*~millf.3, tillilitillillilitillin i 4 - , **** 4 R 0% €73*3*flfrfi.-46.-f.Ar ....1 : - um:- °me->:·lili]111111111111111111ld ;: = 53 ..a- ..-1'? 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I , · ·1 7. 7 .-4.arr-0:° . t 11.1 1 ri,· Pre, i dpi I 11,4„ ,·. -7 .·~,·.;.2,~~it.J, '7'·d : ~Mi .1.,- ..v~t., .~.~ ~.·- ~73~--'J [ ) 102 1,·11 Lili··,· 1 r i'/' IR 1 '14,1 ~ Occupied ···':... .p ,-*s- re +11 :r··<. ·Il , r. .·--'- .... - -·, ..,-).. mot Lit V.il,··, 1-™drnt: .21,2 . .2.4 5. '#.6-..........79. 1 1 . ' ,+I,/Ap.<- I .£.: ~.... 0---M":1..·-·: ·95:-*t 'I · -9:1.- ' 1 ..4 )..1 -€€ l T 3, I}10.1.\ j'.n:I'• 11„i,!wi,i'. .11) ~ Vacant v- 1}104 .Ali,lii··El,·.Ii.ir 1.174 , 1 D \\\\\\\\\\\\\\\\ d....... 0 1 1 I n Plan Sign Type Al ELASTOMERIC FAINT ON STUCCO TO 4 , MATCH EXISTING~U,2 ON STOKEFRONTS ALUMINUM r CHAPEL 6/ - UNDER BUILDING AKCADE LIGHT BOX; / SQUARE 4/ / BRONZE FINISH 1 LOGO ~~ E-- REMOVABLE • BACKLIT SIGNAGE; $ 0 WHITE FACE WITH LIMESTONE COLOR TEXT- . 1 1 ALUMINUM , /~ /~* LIGHT BOX; Ii,w-'.?' j GART E./e/ . BRONZE FINISH 4 SPORTS \ Office DEHOT it 9 1 I. 0 1/ ~ " 1/~ ',STONE TO 4 1 TENANT TENANT B U < 3 Musl- 7 :1 11 ----r, : 2 31- , -1 -4., =7- 1 TENANT TENANIT 2 11 - 11- 7 11 8 TENANT TENANT . v TENANT TENAI* 7 -: / / HO FIANO TYPE HINGE I . 1 ---21 4 1 1 1 r---------------------------~-1-- CONCRETE FOUNDATION i WALL AND FOOTER L--------------------------J , 10'-8 3/4 " 4 . ~ Elevation Sign Type Al (one sided) Sheet No, Project No 03 101.CSQ Issue Date 11.10.03 Monument Signs (~ILANTIS A 01 Revisions Chapel Square Unit W104 97 Main St. . w L Z /-1, UL L 2'-10 3/4 " , 21-10" .. WI. 0-,0 L : . WL 8-,Z '„ 11 WL 0-1,24 1 V-- . - Plan Sign Type A2 ,/21:~vi ALUMINUM r- CHAFEL 2*/ I 4 LIGHT BOX; % SQUARE BRONZE FINIGH ---~ ~ LOGO e STONE TO 9 / 1 1 MATCH EXISTING ,§/ r- ELASTOMERIC FAINT ON STUCCO TO LIMESTONE~ ~ BUILDINGS %1 / MATCH EXISTING YELLOW ON STOREFRONTD V-- CAF UNDER BUILDING ARCADE - Configuration Plan 9 8 , N I. - REMOVABLE I. R RACKLIT SIGNAGE; WHITE FACE WITH 42 COLOR TEXT »67 i, h N Li '- 1-~ Pier 1 Imports - J'' ~ N M 4 -- ALUMINUM , LIGHT BOX; , Outback I /1 \ ., r 5KONZE FINISH · -' l Steakhouse ti : tr I TENANT I 11 '' 4 E = 1, \7--,i 1, eli 9 b h ..; 6- = rt ..F : ' H-, i TENANT TENA#T ----, j TENANT TENANT 1 -NT -1-ENA#-1- 1-2 E.4 )1 . i- 0 HD FIANd I lili 4. ~ TYPE H\NGE Z N 1-->C - 1 1 9 1 I CONCRETE FOUNDATION 1 0 WALL AND FOOTER 10'-8 3/4 " , . 0 - Elevation Sign Type A2 (two sided) Sheet No. Project No. 03.101.CSQ Issue Date 11 10.03 Monument Signs @IUN11 97 Main St. Ll . Revisions Chapel Square Unit W104 Edwards, CO 81632 .WL Z ,<. Z/1 Z , 2'-10 3/4 " 13'-8" 9'-21/2" u W L 0-, L 5'-21/2 " f 1 \\4,\\ 'FE . I , r»j- f-) Plan Sign Type A3 LIMESTONE ALUMINUM CHAFEL CAP ~ LIGHT BOX; SQUARE ~ DRONZE FINISH LOGO STONE TO ELASTOMEKIC FAINT ON - Configuration Plan MATCH EXISTING ~ 4 STUCCO TO MATCH EXISTING ls) BUILDINGS YELLOW ON STOKEFRONTS 22 UNDER BUILDING ARCADE . 3'-2 5/8 " ~ 6" v 0 1/2 "1 * 4 4 ,1'-2,1/2 ' /) 1 1 -A-#4-1 TENANT N 4 .94 TENANT \\ <L- e · REMOVABLE \ . TENANT BACKLIT SIGNAGE; , WHITE FACE WITH L - !17 - TENANT \, 19 COLOR TEXT AND 1 9~ ~~: ~- TENANT ARROWS DIRECTIONAL 1 I lEo i \ , , 4 2-1 TENANT - ,1 " ALU MIN U M 6 ~ -..j= -:w - f. f TENANT LIGHT DOX; BRONZE FINISH p - -· -711 , TENAN-r i, 1 1 1 HO PIANO TYFE HINGE R S, -'L_12- 1 1 1 -' 4 4 1 CONCKETE FOUNDATION 1 WALL AND FOOTER n Elevation Sign Type A3 Sheet No. Project No. 03.101.CSQ Issue Date: 11.10.03 Monument Sign (2IUN-NS A '2 Revisions O- 97 Main St. Chanel Scniare Unit W104 , 1.-21/2 4 5'-4 3/4 " . 5'-21/2 " - 30 CUT LETTERS f /\ FEGGED OUT FROM BACK EACH SIDE \ - Plan Sign Type A4 LIMESTONE r- ALUMINUM LIGHT BOX; CAP \ \ BRONZE FINISH. \ \ ARTWORK TO BE ELASTOMEKIC FAINT ON 5TON E TO \ ~ PROVIDED BY DESIGNER , MATCH EXISTING ~ STUCCO TO MATCH EXISTING N/ DUILDING9 YELLOW ON STOREFRONTS UNDER BUILDING ARCADE / fi,~ SNOWFLAKE LOGO CARVED IN EIFS DIMENSIONAL LETTERS FINNED ~1. 4.,~1'-2)/2 " ~ SPECIFIED BY DESIGNER; OUT FROM BACK; FONT TO BE 14 245 3-, : LUU+»7: BRONZE FINISH TO MATCH - EXISTING SIGNS 2- 14>*Q «21 1~ CHAPEL 41 . 1../CRL>· .1 $ PLACE .f: I 13 : 7: 11 1 ' 1-11 -1- 24,1 CHAPEL 9 742 . f SQUARE 0O 0 PROFESSIONAL 0 4--f~ BUILDING NOTE: 11 - '44 LIGHTING FOK DIMENSIONAL LETTERS TO BE PROVIDED IN - 7 il '/ ' ~ - LANDSCAPE AKEA NEAK ;j BASE OF SIGN 4 JI - 3 9 R Stg, I.: '- 1 1 i CONCRETE FOUNDATION ~ WALL AND FOOTER ----1 ------ -I --- - Elevation Sign Type A4 Sheet No, Project No 03.101.CSQ Issue Date 11.10.03 Monument Sign @IUN/Il 97 Main St. AA Revisions Chapel Square Unit W104 Fdwards. CO 81632 1'-21/2 " , 6'-71/2 " 12'-0" . e # . OUTBACK (9 STEAKHOUSE T GART SPORTS < J EXISTING LIGHTBOX I W/ TWO TENANT SIGNS L_ 1 - Offite -DEPOT -[ - 1 E ~2 Piel-,1- -117'Ipo rtS I ~11_ TENANTSIGNS; DKONZE NEW LIGHT BOX W/ TWO FRAME TO MATCH 11 4 \ 1 EXISTING; WHITE FACE F m COLOR TEXT 1 + REMOVE EXISTING . . EIFS WRAPPED EIFS FROM STRUCTURE LINTEL AND SIGN ' BASE: MATCH EXIDTING 1 - - Ir d t. - EXISTING ROCK FACEP COLUMNS i EXISTING FOOTING ~-- AND STEM WALL . t -1 \ 1 1 1 1 1 1 L------------------------, - Elevation of Freeway Sign Type A5 Sheet No. Project No. 03.101.CSQ Issue Date 1110.03 Monument Sign ~,4*[IS A IR Revisions Chanel Sauare 1/nit WIC)4 1'-10" , 1'-10" 2'-0" 25'-0 1/4 " FASTEN FRAME OF STONE VENEEK TO CURVER STRUCTURE AND MATCH EXISTING LIGHT BOX TO CMU W/ BUILDINGS 3" EXPANSION ANCHORS EyEKY 2'-0" USE METAL TIES AS REQUIRED ~ ~- 4" CMU ~---- 6" CMU - 2" TUBE METAL / FKAME FOK CURVED STRUCTIJKE PROVIDE 1" L CRO:35 BRACING EVERY 2'-O" 11212 R W//H/61&414 49 1 17 ~\Im - DIGNAGE LIGHTBOX E». 1 HD FIANO HINGE TO ACCESS INTEKIOK / OF LIGH [BOX BRONZE FINISH ON FRAME AND LIGHT BOX / -- SIGNAGE LIGHTBOX TO MATCH EXISTING ~ SIGNAGE - Detail @ Column 1" = 1'-0" Sheet No. Project No. 03.101.CSQ (dJILAN_T_IS Issue Date 11.10.03 Monument Sign 97 Main St. AC Revisions Chapel Square ; ---- Unit W104 2 55.0. C.(1 R1832 0 ------------ -1- 4 4 BOOKS ~~MUSC Al 0 )-L-- 1------------1 2¤42 .x 10'-0" 0 0 Elliptical sign cabinets to match existing sign cabinets: 2'-0" high by 10'-0" wide/long. Sign cabinets to be fabricated of 1/8" aluminum with metallic bronze finish. Sign assemblies to be UL rated and bear a UL label. Bottom of sign cabinetto hang at 8'-0" above the finished walkway. Any elements that extend beyond the elliptical boundary of the cabinetshall extend a maximum of 6" below the bottom of the sign cabinet (a minimum of 7'-6" above the finished walkway. See Section 3-B of the Tenant Sign Design Criteria for general specifications. Diagram B: SIGN TYPE B - TENANT IDENTITY SIGN - ELLIPTICAL 0 29 g 6 sqft .-- 0 4'-0" 0 0 (48") The total area of an arcade / blade sign to be six (6) square feet per face. Arcade / blade signs should be 2-sided Cable to be read from either direction). Mounting hardware to be metallic bronze finish. Bottom of signs to hang a clear distance of 8'-6" above the finished walkway of the arcade and shall hang perpendicular to the tenant entry and centered in the arcade between the tenant storefront and the exterior arched colonnade. See Section 3-C of the Tenant Sign Design Criteria for general specifications. Diagram C: SIGN TYPE C - TENANT IDENTITY SIGN - ARCADE / BLADE - UnT ./. 'r<Vt'Ml F.¢41 91 - 6 . =*RA 1 Bex g=* 1 49*j04*i© C il '61.201 /- U A,9*mfdflf"/ri-L LUDAP' ..... -. I ./ .... -. -- •Banner size: 32" wide x 80" tall 41- • Letter sizes: Retail ., Upper case - 4" tall Shops 4/ Lower case - 2-1/2" tall Restaurants ~ • Font: ITC Officina Sans Bold Underground n Parking V • Colors: White Yellow - PMS 1225c Dk Purple - PMS 2735c Lt Purple - PMS 2726c Banner Dl -A Banner 02-A PANTONE® 1225 C / / k« . ¥L M . r, I: / 2 4 1, PANTONE® Retail 2726 C ( Shops @ Restaurants fr~ PANTONE® 2735 C n Underground 4-0 Parking Banner Dl-B Banner 02-B Fl Where existing, horizontal metal bar to move up to f be level and aligned w/lamp holder on opposite side of pole U Am Retail 8 Letter heights: Shops 4/ Lower Case - 2-1/2" high Upper Case - 4" high Restaurants ~ Underground n Bannersize: 32" wide x 80"high Parking 40 B-%.Ly * 3,2;6.-_, ..3 A·ji~ . -4.-• · 71'-egl*-fr*93-9.-1.4.19,1!1 , 7'-6" aff #A... 4,96:. f:,fi.&11 ..$341:e.afl 2.91€,f: 1.*?:7" i·~'(K ':-4 :d:; 7 45 3%91. 51% tf# - ··44 .' - 11 4~r > 4 · ·• rt·,¥i 1--1 Sion Tvoe D - Directional Banner on Lioht Pole :691)24¢,il~ 0 111 i/A\\ U Where existing, horizontal metal bar to move up to w/lamp holder on be level and aligned as shovin opposite side of pole 1 1 Letter heights: Upper Case - 4" high Lower Case - 2-1/2" high Bannersize: 32" wide x 80" high 8'-3" aff I 1-: ..2» fs.;.*4 , ·14 :>44-1 4 3 ,...44*9:* tt..3.5*,-M 13.:lE.-ae p-f.: Kiti Sign Type D - Directional Bannernn 70 k 0 966 ULO ·~u04d OpeJOIOO 'UOAv 2£9LB 00 'speMP3 kOWA el!'19 eJer'It)S ledel.10 SIINFil-® 2 8 W a edX-1- u6!S 13 0 0 .(0 Ic - O I 61, 99 (li Iii Cle}cr C (na S & CO i Lij Z Z 0 t - 0 t W g 1 7- AVM')11VM DNUS]Xg > 1 01 2IV310 „9-,9 0 01: 8 9 DZ -1 r EM U H w 9 183 L I05 U Me ZZ Z F < 0 LU < BE ~M- Ill Z 00 ZO I L Ul N 0£1, d M U Ltd L 2* (33<u _1<1110 364% E*83 M?28 d h'N M 22do° iNg (CalON GY C!3H0V11V *,na n Algl'439GV 33NNV9 Hl]M - 19 /0 319¥NIV1A0 FV[-IMIIXVIA ; < 39 01 NOEN3 PNIO GIHI) \ 1¥MbtlVM QNUGIX3 / 01 1¥310 'NIA„9-1 1 Z 24 " h 1 H 11 " M r 0 H I L Im %* ex LU 00 k LLI I C / LU Z ZO MN E / DZ .1/ e Z 1 dID g 1,1 U LLI 0 21 2 i ME 20 LOL ED ON a edal u 9730-10H 13N - NEW BANNER HO D R SET DETAIL ~geyiSAKR2 EUERAHEOML~NER--0/ === ~ CHANGEABLE lueuldolaAe(] AllunWWOO 13NNV9 M3N < NEW BANNER HOLDEK AaGEDANNEK 3104LHall 21313OHS 9 NEW EANNEK L 6912'936 026 :Xed *61.Z'926'0LS ewOLId y Opejoloo 'UOAV 5 0 ZE91.9 00 'SpJeMP3 (N 11 )01-M 81!nS ejenbs ledel.10 8 & h SLIN~if® # a edil u6!S i 15 0 m Z 2 Z & , h m m u, DECE (2 0 Cr) ----b / 11. C> r ca ,// CD 161J Cul I'-I· 0.- 1 I./. b U W O -2 W cl -- LD 6 5 # go ZO <g 222 < 3 L,- L # D£ 69 attEW 8£ 9 <X %*I 5 MLU ~U-1 111 o A d d:2 dEd ai MEE UAL Lu 61* 129 drjk MPE LU Z 0 -- ' #IX 11 u.) i \\ 5 hAA A 4.4 \ ai Re\ fT & 77 Ov e e ' delll 01888(, Ailunll.IUIO~) STEEL BANNER HOLDER W/END CAP N3010H 13NNVg 33 9 AVO 01N3 f~ 2'-10" ilot -.Z JACIGNE BOLES F CLAMF COLLAR TO 33010H 33NNVg - MBIA 305 Memo TO: Planning & Zoning Commission COLORADO From: Matt Pielsticker, Planning Techniciar'i'L•.~ Dde February 25th, 2004 Re: Proposed Lighting Ordinance At your January 6th meeting you received examples of lighting ordinances that other municipalities have adopted. Please take the time to review these ordinances again along with any others you may find in order to get a general feel for how they are organized and their strengths and weaknesses. There are universal themes found that can be applied to any Town. When reviewing the ordinances, start to consider what the goal/purpose of our lighting ordinance should be and what our proposed ordinance should include. The meeting on Tuesday night will act as a work session with the public invited to work with staff and the Commission in discussing lighting in Town. Attached you will find an extremely 'rough' draft Ordinance, in addition to a good article from Planning Magazine. The following are possible discussion items for the work session: 1. Zones: different lighting standards for different areas of Town 2. Maximum wattage per square foot 3. Curfews 4. Exemptions 5. Retroactivity/Incentives Attached: A. Revised Timeline for Ordinance approval B. Draft Ordinance C. Planning Magazine's March 2004 "Let there be Light" article Memo to Planning & Zoning - March 2,2004 Page 1 of 1 lili .1< 1 1 +. \\111 . Final Workplan New Lighting Regulations February 20,2004 Action Kev Dates Workplan to P&Z Distribute sample lighting ordinances February 3,2004 Work Session #1 at P&Z - (Public Hearing) Identify concept and explore options March 2.2004 Work Session #2 at P&Z - (Public Hearing) Workshop to draft ordinance March 17,2004 Work Session #3 at P&Z - (Public Hearing) Proposal by Staff April 6,2004 Work Session #3 at P&Z - (Public Hearing) Revised Proposal April 20.2004 Resolution to P&Z for approval May 4,2004 First Reading at Council May 11,2004 Second Reading - (Public Hearing) Adoption by Council May 25,2004 F:\Regulations & Procedures\Regulation revision\Final Workplan for Lighting Ordinance.doc Chapter 15.30 OUTDOOR LIGHTING ORDINANCE Sections: 15.30.010 Intent and Purpose 15.30.020 Applicability 15.30.030 Prohibited Lighting 15.30.040 Exemptions and Variances 15.30.050 Lighting Plan 15.30.060 Design Standards 15.30.070 Violations 15.30.080 Definitions 15.30.010 Intent and Purpose. The Town of Avon is experiencing a significant increase in the use of exterior illumination. Town residents' value small town character and the qualities associated with this character, including the ability to view the stars against a dark sky. They recognize that inappropriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions, limits their ability to enjoy the nighttime sky, and results in unnecessary use electricity. This Chapter is intended to help maintain the health, safety, and welfare of the residents of Avon through the regulation of exterior lighting in order to: a. Promote adequate light for safety and security; b. Reduce light pollution, light trespass beyond property lines, glare, and offensive light sources; c. Provide cost effective lighting and to conserve energy; d. To prevent inappropriate and poorly designed or installed outdoor lighting; e. To eliminate glare; f. Eliminate the escalation of nighttime light pollution; g. To protect and reclaim the ability to view the night sky. 15.30.020 Applicability. The lighting standards of this Chapter shall be applicable to all outdoor lighting within the Town of Avon. All exterior lighting installed after the effective date of this Chapter shall conform to the standards established by this Chapter. All existing lighting installed before the effective date of this Chapter shall be brought into conformance with the Chapter, except Chapter 15.30.040, within the following time periods: 1. All existing lighting on property used for commercial purposes that is not in conformance with this Chapter shall be brought into conformance with this Chapter within thirty-six (36) months from the date of adoption of this Article, by May _, 2007. 2. All existing exterior lighting on property used for residential, institutional, public and semi-public uses, not affected by Chapter 15.30.20.2 (1) above, that does not comply with this Chapter is required to be brought into conformance with this Chapter within twelve (12) months from the date of adoption ofthe Ordinance, by May _. 2005. 15.30.030 Prohibited Lighting. The following types of exterior lighting sources, fixtures, and installations shall be prohibited in the Town of Avon: 1. Mercury vapor and low-pressure sodium lighting shall be prohibited due to their poor color rendering qualities. 2. High Intensity Discharge 0-III)) floodlighting and unshielded tloodlights. 3. Blinking, flashing, moving, revolving. flickering, changing intensity, and changing color lights and internally illuminated signs shall be prohibited, except for temporary holiday displays, lighting for public safety or traffic control. 4. Linear lighting (including but not limited to neon and fluorescent lighting) primarily intended as an architectural highlight to attract attention or used as a means of identification or advertisement shall be prohibited. 5. Up-lighting is prohibited. 6. No outdoor lighting may be used in any manner that could interfere with the safe movement of motor vehicles, including lights that produce direct light or glare that could be disturbing to the operator of a motor vehicle. 15.30.040 Exemptions and Variances. All exterior lighting shall use full cut-off luminaries with the light source downcast and fully shielded. The following types of lighting installations shall be exempt from the provisions, requirements, and review standards of this Chapter: 1. All temporary lighting used to identify hazards or roadway construction is exempted. 2. Low voltage, ornamental landscape lighting which meets requirements. 3. Seasonal holiday lighting which is temporary in nature and which is illuminated only between and including November 15 and January 30 shall be exempt from the provisions of this Chapter, provided that such lighting does not create dangerous glare on adjacent streets or properties. 4. High intensity discharge floodlighting may be used for sports lighting and Town sponsored events. 5. Right-of-Way lighting that is located within the Towns Right-of-Way. 6. Municipal lighting installed for the benefit of public health, safety. and welfare including but not limited to traffic control devices and construction lighting. 7. Temporary Exemption - The Community Development Director may grant an exemption from the requirements of this section for temporary outdoor activities, if the Director finds the following: a. The length of time that the temporary lighting is to be used is not longer than fourteen (14) days. b. The proposed lighting is designed in such a manner as to minimize light pollution, light trespass, and glare as much as feasible; and c. The proposed lighting will comply with the general intent of this Chapter. 15.30.050 Lighting Plan. An outdoor lighting plan shall accompany all design and building permit applications and shall be submitted separately from other drawing information. Alllighting plans shall be subject to approval through the review process by the Planning and Zoning Commission. The lighting plans and/or specifications shall show: 1. The type and luminous intensity of each light source and wattage (eg. Incandescent, halogen, high-pressure sodium); 2. The type of fixture (eg. floodlight. full-cutoff, lantern. coach light); 3. Fixture location and height above of all proposed and existing light fixtures; 4. Shielding and all mounting details; 5. Manufacturer cut-sheet and/or specification materials with scaled drawings or photographs including: initial lumen rating, color rendering index, and wattage of each lamp: 6. Any other information deemed necessary by the Community Development Inspector to document compliance with the provisions of this Chapter. 15.30.070 Violations. It is unlawful for any person to violate any provision or to fuil to comply with any ofthe requirements of this title. If the Community Development Inspector finds that any provision of this Chapter is being violated, the Community Development Inspector shall give notice by certified mail, return receipt requested. of such violation to the owner and/or to the occupant of such premises, demanding that the violation be abated within sixty (60) days of the date of mailing ofthe notice. The Community Development Department staff shall be available to assist in working with the violator to correct said violation. I f the violation is not abated within the sixty (60) day period, the violator shall be punished by a fine o f not more than one hundred dollars for each and every day during any portion o f which the violation of any provision o f this Chapter is committed, continued. or permitted. 15.30.080 Definitions. Fully shielded. The luminaire incorporates a solid barrier (the shield), which permits no light to escape through the barrier. Exterior Lighting. Temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outdoors. Luminaires that are indoors that are intended to light something outside are considered exterior lighting. Light Pollution. Any adverse effect of manmade light including, but not limited to, discomfort to the eye or diminished vision due to glare, light trespass, uplighting, the uncomfortable distraction to the eye, or any manmade light that diminishes the ability to view the night sky. Full cut-off fixture. A fixture designed and installed where no light is emitted at or above a horizontal plane running through the lowest point on the fixture. Glare. Stray, unshielded light striking the eye that may result in (a) nuisance or annoyance glare such as light shining into a window; (b) discomfort glare such as bright light causing squinting of the eyes; (c) disabling glare such as bright light reducing the ability o f the eyes to see into shadows or (d) reduction of visual performance. Light trespass. Light falling on the property o f another or the public right-of-way when it is not required to do so. Uplighting. Fully shielded lighting that is directed in such a manner as to shine light rays above the horizontal plane. Light Source. The element of a lighting fixture that is the point of origin of the lumens emitted by the fixture. Fixture Height. Vertical distance from the ground directly below the centerline of the fixture to the lowest direct light emitting part of the fixture. High Intensity Discharge (HID). Light sources characterized by an arc tube or discharge capsule that produces light, with typical sources being metal halide, high pressure sodium, and other similar types which are developed in accordance with accepted industry standards. Light Trespass. The shining of light produced by a light fixture beyond the boundaries of the property on which it is located. 22 Planning March 2004 " 6 kyglow -the dull ruddiness I • t above us cause d by uplighting i -'1,1411 1 -•¥¥,~ from street lamps, signs, bill- I boards, and buildings-hides the 114)1 Ill ~ night sky. Two-thirds of the 4, 1.1./.4. I 1 -~......0- children in ths country are grow- ing up without ever seeing the Milky Way. "Light tresspass"-the light crossing over ~~~ ~'~ '~h property lines-shining into our neighbors' 1,4/4,1,1 yards and bedroom windows. "Glare"-caused by overly bright lights in ~ 4 - ~ street lamps, parking lot lights, and building <- ' k. , 4 floodlights-is literally blinding drivers. They can't see people in the cross-walk ahead of ( .4 ) 1 1 I t. - them, or cars stopped on the side ofthe road. The problems caused by light pollution £11111 f) . ' don't stop there. The Tucson-based Interna- tional Dark Sky Association (IDA) estimates *1 € 1 lie ~ : that the U.S. alone spends $2 to $4.5 billion il annually on wasted light. Light pollution is disrupting our sleep patterns, been linked to some cancers, and is devastating the breeding, I hunting, and migration habits ofour remain- ing wildlife. 1 1 Hafet) invure 1 Fear of the dark. and fear of the bad things that Low-glare lighting belps guide pedestri,ms to their drtinations can happen in the dark, are th e main reasons the U.S. has vastly over lit its streets, houses, ihine up into thesky),and lower the height of technical support speci:,list at Progress Energy, shopping centers, commercial and industrial the light pole. the Utility prov,des dr.lt material fc,r an ordi- buildings, and recreation areas. Most of this According to the IDA, simply replacing a nance and helps the mu,ticipality fine tune it. outdoor lighting is poorly designed, so it does 60- or 75-watt bulb with a 40-watt bulb in an "We are also there to show them the envi- more to allay the.#arof crime than to reduce it. opaque-top porch light will eliminate light ronmentally friendly Ught products we carry Cars sitting under parking lot lights are bro- trespass onto a neighbor's property while still and talk of the older products, explaiR what ken into, and brightly lit buildings are burgled illuminating the front ofa house. Likewise. a they do, let the city decide what it wants, and allthetime. Over-lightingisnotadeterrent, and shieldedlightfixturewilidirect thelight down- help them get that," Henderson adds. can actually increase crime. "Badly adjusted and ward, whore it's needed, and prevent both As it became more 'nvolved in municipal aimed lights can cause darkshadows due to their light trespilss and skyglow. light pollution efforts, Progress Energ.y switched " individuals from its standard streetlight-a cobra head drop high-intensity light, notes the crime reduction Where on municipalities and website of the British government. Criminals find light fixtures that can help prevent light lens-and adopted ful] Lutoff cobra heads as its can hide in those shadows. pollution? UEvery significant manufacturer of new standard fur streettights in its service area, Crimepreventionexperts saythatover-lighting outdoor lighting in North America is develop- i doesn t make us safer. It just makes light pollu- ing new daik sky friendly lighting," says James Re<otir'·epi~ I tion. Their solutions are to educate people and Benya, a principal at Benya Lighting Design in government agencies about the problem and West Linn. Oregon, and a member of the IDA On the web. 1 fltert' 0' ional Dirk Sky .A:<o- its solutions, get those solutions made into board ofdinxiors."It's the new trend'He adds ciation: www.dark.·Ay.ort; Illumination i "dark sky ' laws, and enforce chose laws. that Holophane, amajormanufacturer, isdevel- Engineering Socict> of Norrh ,·Uncrica: oping whole new families ofdark sky products. ~ww.icjna.org; Ber.va Lighting Design: 11]Unlinate ill,~ 1 111111]11]Ilit, Another critical partner in a community's uww.hen>alighiing.c, 71; Brantord,Connecti- Light pollution h·as been around for decades, battle against light pollution can be the local cuc Hww.brinfor d.cL.coin. British Crime but only recently has it become a pressing utility company, which often subsidizes new Reduction #cbsite: www.crunci-cduction, environmental issue and a concern for all lighting as part of a light pollution program. gov.uk. Calitornia Ener{© Conimi.sion: levels of government. Progress Energy, which serves North Caro- www.energy.ca.go--'; GIant-on and lisociates As it happens, there are four simple techni- lina, South Carolina, and Florida, has consulted uww.clail[Of lassoc:;.lics.com; Hailey. Idaho: cal solutions [o the problem of light pollu- with more than 25 North Carolina cities and www.haile) idihe.nci: Holophanc: tion: reduce the wattage, directchelightdown- towns seeking to adopt light pollution ordi- www.holophane. com; Progress Energy: ward, shield the light ("cutofflights" illuminate nances. After interviewing local officials, says www.progras-ener*.coni; Raleigh, North I r DAL- 1-1.·nilpron- ·i |,i·hri„n nri-I,n,In,·» In.-1 , 1.-illit-/1· .... I r.-,! -·~ii._n.- ..r¥ 1.1 IIi '·.el 'llii,i.,i.1, t ...i l· A.il-.. .Al irrn:an 1'1.1 1.r·,ir,gA·viliall,1,1 .5 Providing lighting education is a relatively /1 /7 i ES straightforward process. Newspaper articles, e television and radio news stories, teachers, dyii ty· billboards, fliers, business presentations, and indoor demonstrations help get the word out. 1 floo 1 11).1.111,•,1,·1 Ii#Illitly„rdill,m,·,· is.Yl/CS The IDA has been studying outdoor lighting i issues and regulations since 2000. It is now <Tioils drafting a model lighting ordinance and ac- 1 . companying educational materials for mu- }. 3 L 1.s nicipalities that it hopes will one day become , the national outdoor lighting code. Ti J fi £ i Now 90 percent complete, the ordinance - has several key features. First, it limits the 1/1 ing~ amount oflighring power-the watts per square foot-permitted on a site. "It has the same net 412 Ce '. effect as limiting lumens per acre," says James "1 Benya, built s easter to measure, which makes it easier to enforce. Second, the model ordinance establishes four lighting zones based on international standards, and assigns different lighting val- ues to each zone. "This solves a fundamental problem: Each place is different," says Benya. 'Hailey, Idaho's code doesn't fit Los Angeles. The zones range from rhe natural environ- at the U n.1 ersity of Colorado Health Scienc·es Center in Denver. ment zone, which has very restrictive lighting It'N ttle lan and regulations have been passed and are requirements, to more lenient lighting as popu- The growing concern about light pollution being passed, says Scott Davis, an IDA tech- lations increase in each succeeding zone." has led :o more and more outdoor ligliting nical manager. 'There are so many, the IDA Third, the model has a progressive series of regulatic,ns and legislation across the U.S. and can't keep track of them any longer. lamp power limits based on those four zones around rhe world. Some o f those cities and counties include that limit how many watts a particular kind of ~ ' In 2002, the Czech Republic became the A[banyCounty, Wyoming; Ames, Iowa; Derby, fixture can have. Fourth, the ordinance ties first couttlry to enact a national light pollution Connecticut; Maui, Hawaii; and Cherokee shielding to lamp wattage. The more heavily law. The legislation requires the use of fully County, Georgia. In 2002, Calabasas, Cali- shielded a light, the more wattage that light shielded gutdoor light fixturesbyall residences, fornia, located in the western San Fernando can use, again based on the four zones. businesses, and government agencies. Valley near Los Angeles, enacted a measure Fifth, the model establishes progressive light . % In thc U.S., eight states have enacted light "to provide standardf for outdoor lighting in pole height limits and setback requirements, . pollution laws of varying scope and effec- order to protect. . . Calabasas from inappro- Sixth, the model sea curfews on outdoor i tiveness. Arizona became the first state to priate levels of night lighting. lighting, cutting back allowable lighting by !: adopt a light pollution law in the early 19805. 50 percent after normal business hours. It 11, The lau requires shielding of outdoor light Popolai· Ver makes no sense to light a parking lot when the . j fixtures ind prohibits the installation of new Many Americans support light pollution store is closed," says Benya. outdoor mercury vapor fixtures at private measures. Clanton and Associates, a light- Finally, the model includes exceptions for 4 firms, state-owned facilities, and municipal ing design firm in Boulder, Colorado, that uses like athletic fields,and car deaterships. u buildings in cities with a population of more is conducting a study funded by the Cali- "It's impossible for them not to create sorne than 50.000. fornia Energy Commission, has found that light pollution,"says Benya. "So, the standard ' Maine's 1991 Act to Improve Outdoor Light- most people they've interviewed want out- is to control it as much aS the use can and to ingcovers lightingat anystate facilityorproject door lighting as bright as full moonlight- demonstrate, through a special set ofcompli- receiving state f~nds. New Mexico's 2000 Night the equivalent of 1/100 of a foot-candie. ance documents, that it is doing all it can to Sky Protection Act requires shielded outdoor Most parking lots are lit by five- and 10- control light pollution, light trespass, and : light fixtures and prohibits the sale of mercury foot candles. obtrusive light. vapor lighting fixtures. This applies to both Education can build more support. When- The model lighting ordinance is being r public and private buildings and facilities. everacommunityis informed about the prob- written in simple, exact language so the aver- Municipalities across the countryhavebeen lems caused by light pollution and provided age citizen, government official, or electrician far more active than the states in tackling light with the simple solutions to those problems, can understand its provisions and governing j pollution. "Literally thousands of ordinances those measures often are implemented. agencies can easily administer and enforce it. 4 4.4¥•A·~t·/ .''D *619¥ LJ 24 Planning March 2004 The model will come with a handbook to help tion and help them adopt and implement the light pollution can be easily addressed with the adopting authority decide when to bring model lighting ordinance. "The sooner we existingstrategies and reasonably priced light- existing lighting into compliance, says Benya. put the ordinance in electricians' hands, the ing equipment. "Some time in the future, Some cities want to jump right in, others better off we are," says Benya. " the average we'll have a nationwide law,"says Scott IDavis want to wait, still others are afraid o f getting electrician is the person most likely to enforce of IDA. their toes wet," he says. "The IDA recom- dark sky regulations. Ifelectricians know put- Charles Lockwood iS the author ofseven books about mends doing it as soon as possible, but you ting up an unshielded light is against code, , architecture and cities, including Bricks and btrown- I " stone: The New York Row Houst 1783-1929, just can't force the issue. they won't do it. The IDA will visit cities on request to Unlike the problems of global warming issued in an expanded edition by }lizzoli. I educate municipal officials about light pollu- and destruction of the planet's rain forests, Three Cities. l'bree Choices How could a small town like Hailey, Idaho (pop. 6,200): have J light nances, lighting de.signers, the school 9.lem. loc·.1 homebuilder·s,.nd L % pollution problem? Bid lighting choice#. deve[oper>, and others. Our Main Street had the oid acorn st>le street lamps," says Diane Progress Energy made a serief .,fpre>entation: ·.4 0,1 gave se nii-lab to Shay. as>ociate pl,uincr a[ the cit,4 plannjng,and zon ing dip,1 rtment people in government, ihe lighting design field, and the pri vate steer u t . 'lher had an historic, mrn-of-the-centurylook. but they direeted the '7'he appearance commiss·ion didnt want a der.ded ordinance: ex- light o:iI and up, not down. There was no light 1 2 feet di.·ectly under pl.ii jiN Bob Henderson o f Progress Energy. The r, .,uit was a 51 muliticd chebmps. Hailey's lights wereA efficietic or safe. ordinance and an accompanying booklet, both of which a.:e on the Following the jead ot neighboring Ketchum. 11 miles to the tiorth. cicy s wet,sjte. 1 H:ilicy e,7.1.ted .In CUIdoor jighting ordinance in August 2002. Shay Although many old light fixtures have not yet been replace..1 with and Steve Pauley, an amateur ·astionomer and IDA tilemher who h,id new ihielded oneurreeb iIi Raleigh'S ill'w subdivisions ar<· I jile,1 with he!ped write the Ketchum ordinance. focused on creating an even full cutofffixtures, which make -a remarkable difference,' I:ill ·u·,·. better ].IN. "X·-e closed the loopholes in our ordinance/- Shay says. I ./ 'Nobod>'s hghting is grandfathered. Lonnecticut upgrade AH outdoor lighting must be .1 full cutoff design, shieided, All,i Br·inford, Conflecticut (pop. 29,000), was hiu; ded in ] 644. 'bir ir> directed downtown in Halley. Luminaires With 40-watt lights do not outdoor light,ing regularions,u-e among the inost up [o dare in the nat intl. have ro be shiekled, but l}lcy must have .111 opaque top Luminaires "Back i n 1994, I took my daughter otit zo our b·acky·ard ro sh·08 hur , with a maximurn output of 1.000 Iumens the Milky Wa)-, ...6.ich I had 'oved as 1 may be partially shielded if they have Stlch Non-4...1,11{ial fit,{floiti liu·1,1. child; ve coutdiO find it." says Bob a top. Canopy lights (such as service sta- Lrelin, a graphic ilid.strator and consult- tion lighting) mu,1 be fully reces.~ed or :!111.4 1,1· 111/7"91 1)17:+er ant on outdoor lighting. Crelin educ·lied shielded. Parking lot lighting cannot ex- buy- i.w» twill-- himselfabout light pollution, with help ceed 17 feet in height or an overall ai crage from IDA. gn 1990, he began t,0 lam- illumination of 1.5 foot-cand}cs. paign for outdoor lighting re€71: larions b Residences were given 12 months ro Lomply; businesses and city covering commercial properry. ageric.les were toven three years, He handed out postcard.~ explaining light pallution problernz :ind idaho Pow·cr agreed to chance all 125 or Hailey's :obra head drop asking toraction. He generated stories in rhe loc.0. ncv.'.papers. 1. vt jit u- L. . I lens streedights. The utility was 50 impressed with Haile}-5 ilewcobra ally, he met with to,fil planner Shirley 11,1snius,en. who .wreed th.:t head flarlenslightthatithas·adopted itasastandardfiXture,-It'sgone something had to be done. She suggested & rectilation iliicea,3 01 ac statewide,~' Shay savs. 01-Jinance becaute the rowns planning and 'Al))ling Commissron Carl • L enforce regulations through its review procesb. liah·i:rh: st,lution Crelin drafted a regulation with inpur t roin Rusm US,en 15 U'CE| 25 tlic In Noveniber 2001, Raleigh, No!-th C.volina (pop. 317.000). adopted 11.)A, lighting designers. the lilumination Engineering Soc-icty of an outdoor lighting ordinance thai tocu.cs on shielding. wartage. .ind North America, and others. During .1 public hearing bek,re rhe pole lieisfhrat newatid re·novate.dcommercial, residential, parking, and platining and zoning commission. he show-cd 2,ide< ut- good atnd k. 11 . L outdoor recreationareas. Existing lieliring was grandfarhered in,except lighting and demonstrated a few simply light models. The regulitic.i k, L i h,r lights on housing, w·hich must comply with rhe ordinance by Nia>· pabsed .iridnimoublyand wentinto effect in 1997. 2007. 1-he reeulation.which app lies on h·- to ne,# andien o.,at my conimerc: 11 1-'We ixere concerned about the incrase in overa![lighting kvt[s ar properties, 1:mith ill:imin.ition levcls. prohibits liplightinis und :C:]11(:.·S ' somcinstailarions, particulark·gasitationcanopies,commercial properties shielded lights ir·parking lots, sig Jib. bilildingdisplays, fce:it·in. liehrine, 07 where lighting had become more an imple-ment of advertishlg th & Il a and tioodlighis. Non-e:sential outdoor lights mus[ be turned,off after toot to improve vision. and some residen[ial subdivisions." say~ Dolig businesshotio. l ightson exisringcommercial properties were 68.u,Garher,rd HaH, AICP a planner wirh the cin·.Raleigh had nvo light pollution in. but those old lighIS Will eventually be replaced. 6.5:tes. he adds: glare and light spillover. "Brant-ord ha, been booming iii cardealerihips.md real steps 5 1, 1„ I 1 The ordinance resuited from a year-Iong stildv hetix n i n 1 999 by 1997.'says Crelin. 'but wi [h the good tign Eiti# Coill(' 1-1 p as well, we'·. c . C thecin s appearance commirtee. The group con.st.1!tcd with Progress seen quite ..idit*rence in the ·unount of 3ky{.ilow. and a sub.stanua - , 1 ~1---\ --L·- ··•,=·: -rh ritininor }ightint Ordi- rcduction inglare. 1{'s Londerful. 4.07.005 LIGHTING STANDARDS A. Objectives The objectives of this Section are as follows: 1. Provide quality, context-sensitive lighting for the Town of Eagle mountain environment; and 2. Sustain a pristine nighttime sky by controlling glare, light trespass and light pollution; and 3. To provide for zero tolerance of light pollution and light trespass beyond property lines within and into residential areas; and 4. To minimize light pollution and light trespass beyond property lines within and into commercial and industrial areas; and 5. To require proper shielding to eliminate glare at normal viewing angles from all high brightness sources; and 6. In facade, sign and retail applications, use lighting to create visual hierarchy, which facilitates circulation and way finding. B. Applicability 1. Except as provided herein, the provisions of this Section shall apply to all subdivisions, planned unit developments, development permits, sign permits, and building permits finally approved on or after the effective date of this Section. 2. Alllighting fixtures, devices, equipment, lamp sources and wattage, fixture locations, and shielding installed after the effective date of this Section shall comply with the requirements and standards of this Section. 3. Alllighting fixtures, devices, equipment, lamp sources and wattage, fixture locations, and shielding presently in use and existing as o f the effective date of this Section, and not in conformance with the requirements and standards o f this Section, shall be considered a legal non-conforming use and may continue in existence subject to the provisions of the following subsection. C. Abatement of Legal Non-Conforming Uses Alllighting fixtures, devices, equipment, lamp sources and wattage, fixture locations and shielding not in conformance with the requirements and standards of this Section, and existing and in use as of the effective date of this Section, shall be subject to the following, notwithstanding any other provision o f this Title to the contrary: 4.07.005 1. A legal non-conforming lighting use shall not be changed to any other use except a lighting use conforming with the requirements and standards of this Section. 2. Whenever a legal non-conforming lighting uses has been discontinued for a continuous period of one (1) year or longer, all lighting fixtures, devices, equipment, lamp sources and wattage, as well as fixture locations and shielding shall be in conformance with the requirements of this Section. 3. Alllighting fixtures, devices, equipment, lamp sources and wattage, as well as fixture locations and shielding presently existing and in use as of the effective date of this Section, and not in conformance with the requirements and standards of this Section, shall be brought into conformance with such requirements and standards no later than January 1,2007. 4. The Board o f Trustees, in its sole discretion, may institute a mandatory program for the elimination of legal non-conforming lighting fixtures, devices, equipment, lamp sources and wattage, as well as fixture locations and shielding, prior to the date set forth above by providing payments to property owners in accordance with adopted amortization schedules for the conversion of legal non-conforming lighting to lighting conforming with the requirements and standards of this Section. D. Submittal Requirements A lighting plan shall accompany all applications for development and preliminary subdivision plans and shall be submitted separately from other drawing information. The lighting plans and/or specifications shall show: the type of lighting equipment, the lamp source and wattage, fixture locations, mounting heights, shielding and all mounting details. Manufacturer catalog and/or specification materials with scaled drawings or photographs are also required for alllighting equipment. In addition, calculations shall be provided which show point-by-point horizontal illuminance at ground level for all commercial or industrial projects. Calculations for other project types shall be provided at the Town of Eagle's request. E. Prohibitions 1. All mercury vapor sources are outdated and are therefore prohibited. Existing fixtures should be modified to accommodate more current technologies such as metal halide or fluorescent lamp sources. 2. Any search light or laser light used for the purpose of advertising, or as a beacon, is prohibited. 3. Blinking, tracing, or flashing lights are prohibited. 4. High Intensity Discharge (HID) floodlighting is prohibited. 4.07.005 5. Fixtures with high brightness lamps and poor visual cutoff are prohibited. 6. Bollards or low-mounted luminaries (less than 12 feet above ground) are not to exceed 35 watts. 7. Exterior neon sources such that the source can be directly viewed are prohibited. Backlighted applications may be acceptable, and must conform to the same restrictions as cabinet signs. F. Exemptions 1. All lighting used for the purpose of aviation is exempted. 2. All temporary lighting used to identify hazards or roadway construction (operating less than four months) is exempted. 3. All traffic signal lighting is exempted. 4. Low voltage, ornamental landscape lighting which meets Yard Lighting and Lamp Shielding requirements is allowed. 5. Low-brightness, seasonal holiday lighting is allowed. Note that the National Electric Code (Section 305-3) allows for temporary lighting installations for up to 90 days. 6. High intensity discharge floodlighting may be used for sports lighting applications (see Lamp Shielding Chart for restrictions). 7. Lighting for the purpose of security must meet the criteria of each application category but may be exempted from specific control requirements. G. GLOSSARY Cutoff Angle (of fixture) - The angle measured upward from the vertical at which the bare source is completely blocked from view. Discomfort Glare - Glare producing discomfort. It does not necessarily interfere with visual performance or visibility. Footcandle - The basic unit of illuminance (the amount of light falling on a surface). Full-Cutoff Fixture - A fixture that allows no emission of light above horizontal. Full Shielding - Refers to internal and/or external shields and louvers provided to prevent brightness from lamps, reflectors, refractors and lenses from causing glare at normal viewing angles. 4.07.005 Glare - The sensation of annoyance, discomfort, or loss in visual performance and visibility due to bright or uncontrolled light sources. IESNA - Illuminating Engineering Society of North America, an organization that establishes standards for the lighting industry. Illuminance - A measure of the amount of light incident on a surface, expressed in footcandles. Light Trespass - Any form o f artificial illumination emanating from a light fixture or illuminated sign that penetrates another property. Luminance - The apparent brightness of a light fixture or lamp as viewed from a specific direction. The luminance of a fixture can vary as the viewing angle varies. Motion Sensor Device - A device that will sense motion electronically and switch on security lighting for a brief duration. Non-Cutoff Fixture - A fixture that includes no optics to prevent light emission above horizontal. Nuisance Glare - Glare that causes complaints. Semi-Cutoff Fixture - A fixture that emits some light above horizontal, but less than a non-cutoff fixture. Timing Device - A switching device, a part o f which is a clock, set to the prevailing time, that will control the period of operation for outdoor lighting fixtures and signs. 4.07.005 LAMP SHIELDING AND SPECIAL APPLICATION CHARTS Lamp Shielding Chart Refer to this chart for shielding instructions for all exterior lighting applications. Lamp Wattage Incandescent Fluorescent H.I.D. Less than 35 None None N/A 36-75 None None Low 76-100 Low Low Medium 101-150 Medium Medium Medium 151-250 Medium 251-500 Full 501-1000 Full 1001+ Full Legend: None • No Shielding (IESNA non-cutoff) Low • Low Shielding (IESNA semi-cutoff) Medium . Medium Shielding (IESNA full-cutoff) Full • Full Shielding (lamp shielded from view outside of property) Full • Prohibited (see "Exemptions") 1. Requires a semi-cutoff fixture that emits sunlight above horizontal, but less than a non-cutoff fixture. * 2. Requires a full cutoff fixture that allows no emission of light above horizontal. 3. Requires a fixture containing internal and/or external shields and louvers to provide brightness from lamps, reflectors, refractors and lenses from causing glare at normal viewing angles. Commercial Light Level Criteria Maximum initial illuminance values in these areas must not exceed the range specified by the table. Values are taken from the IESNA's recommended illuminance values. Lower wattages and mounting heights be implemented whenever possible. Area/Criteria Fast Food / Gas Station / Automotive General Walkways & Convenience Hotel Canopy Outdoor Retail Commercial Parkways Maximum Initial 1.-J - J.v 20 - 30 20 - 30 1.5 - 3.0 0.2 - 1.0 Horizontal Illuminance (fc) Value at Ground Level Note: Lighting for Residential and Industrial areas is covered under specific application categories in the ordinance. 0 -- - - 4.07.005 PARKING AREA LIGHTING Maximum Parking Area Lighting Acceptable Lamp Types & Maximum Controls Mounting Allowable Wattages Height Residential Lighting Parking Lots are prohibited in Rural or Standard Residential areas. Compact fluorescent - 42 W max. Residential Multi-Family H.I.D. - 70 W max. 15 feet Incandescent - 100 W max. Lights on dusk to Compact fluorescent - 42 W max. dawn. Residential Medium H.I.D. - 70 W max. 15 feet Density Incandescent - 100 W max. Compact fluorescent - (2)42 W max. Lights on dusk to Public Area H.I.D. - 175 W max. dawn. 15 feet Compact fluorescent - (2)42 W max. Commercial Limited H.I.D. - 175 W max. Lights on until one 25 feet Compact fluorescent - (2)42 W max. hour after closing or Commercial General H.1.D. - 175 W max. servicing. 25 feet Compact fluorescent - (2)42 W max. Central Business District H.I.D. - 100 W max. 30 feet Compact tluorescent - (2)42 W max. Lights on until one Industrial H.I.D. - 175 W max. hour after closing 30 feet Notes: • Dusk-to-dawn operation is allowed for 24-hour business operations. • Mounting height may be increased for medium and fully shielded fixtures upon the Town of Eagle's approval. The following table lists recommended minimum maintained average illuminance values and maximum acceptable uniformity ratios. General Parking & Pedestrian Areas Non-pedestrian Driveways Parking Lot Activity Level (Vehicle Entries & Exits) Footcandles Uniformity Ratio Footcandles Uniformity Ratio (Avg.:Min.) (Avg.:Min.) High: • Large shopping Malls 0.9 4:1 2 3:1 • High-volume fast food Medium: • Smaller shopping centers • Office complexes • Hotels & motels 0.6 4:1 1 3:1 • Hospitals • Community events • Condominiums • Fast food Low: (for security lighting) • Neighborhood markets 0.2 4:1 0.5 4:1 • Industrial facilities • School or churches 4.07.005 YARD LIGHTING Yard Lighting Acceptable Lamp Types & Maximum Controls Maximum Allowable Wattages Mounting Height Residential Compact fluorescent - 32 W max. Incandescent - 75 W rnax. 20 feet Compact fluorescent - 32 W max. Lights on dusk Residential Multi-Family Incandescent - 75 W max. to 11:00 PM. 15 feet Compact fluorescent - 32 W max. Residential Medium Density Incandescent - 75 W rnax. 15 feet Compact fluorescent - (2)42 W max. Lights on dusk Public Area Metal halide - 70 W max. to dawn. 25 feet Compact fluorescent - (2)42 W max. Commercial Limited Metal halide - 70 W max. Lights on until 25 feet Compact fluorescent - (2)42 W max. one hour after Commercial General Metal halide - 70 W max. closing or 20 feet Compact fluorescent - (2)42 W max. servicing. Central Business District Metal halide - 100 W max. 25 feet Industrial Compact fluorescent - (2)42 W max. Lights on dusk H.I.D. - 175 W max. to 11:00 PM. 30 feet Notes: • The use of motion detectors and timers is encouraged to control specific fixtures for security and egress applications. • The use of porch lights and egress lighting is encouraged. Dusk-to-dawn operation is allowed for these applications. Note that these fixtures must still meet the intent of the Lamp Shielding Chart. ./. 4.07.005 FACADE LIGHTING Maximum Fagade Lighting Acceptable Lamp Types & Maximum Controls Mounting Allowable Wattages Height Residential Faqade Lighting is prohibited in Rural or Standard Residential areas. Residential Multi-Family Fagade Lighting is prohibited in Residential Multi-Family areas. Residential Medium Density Fagade Lighting is prohibited in Residential Medium Density areas. Compact fluorescent - 42 W max. Lights on Public Area Linear fluorescent - 32 W max. dusk to H.I.D. - 70 W max. dawn Incandescent - 100 W max. Compact fluorescent - 42 W max. Commercial Limited Linear fluorescent - 32 W max. Lights on See H.I.D. - 70 W max. until one below Incandescent - 100 W max. hour after Compact fluorescent - 42 W max. closing or Commercial General Linear fluorescent - 32 W max. servicing H.I.D. - 70 W max. Compact fluorescent - 42 W max. Central Business District Linear fluorescent - 32 W max. H.I.D. - 70 W max. Industrial Fagade Lighting is prohibited in Industrial areas Notes (Mounting of Fagade Lighting): • In all fagade lighting, the source will be fully shielded from pedestrians and motorists. • Sources should not be visible from inside the lighted building or from surrounding buildings. • Uplighting must be shielded and/or fall completely on the favade. • Downlighting of favade elements is preferred. 4.07.005 SIGN LIGHTING Maximum Sign Lighting Acceptable Lamp Types & Maximum Controls Mounting Allowable Wattages Height Residential Sign Lighting is prohibited in Rural or Standard Residential areas Residential Multi-Family Sign Lighting is prohibited in Residential Multi-Family areas Residential Medium Density Sign Lighting is prohibited in Residential Medium Density areas Public Area Compact fluorescent - (2)42 W max. Sign lights on Linear fluorescent - (2)32 W max. dusk to dawn Incandescent - 100 W rnax. Compact fluorescent - (2)42 W max. Commercial Limited Linear fluorescent - (2)32 W max. H.I.D. - 70 W max. Incandescent - 150 W max. See Compact fluorescent - (2)42 W max. Sign lights on notes below Commercial General Linear fluorescent - (2)32 W max. until one hour H.I.D. - 70 W max. after closing Incandescent - 150 W max. Compact fluorescent - (2)42 W max. Central Business District* Linear fluorescent - (2)32 W max. Incandescent - 100 W max. Compact fluorescent - (2)42 W max. Sign lights Industrial Linear fluorescent - (2)32 W max. on until H.I.D. - 70 W max. one hour Incandescent - 150 W rnax. after closing * Cabinet signs are prohibited in Central Business Districts. General Notes: • The word "sign" refers to any objet attached to or apart from a structure intended to convey advertising, image, or identification. Note that the National Electric Code (Section 305-3) allows for temporary lighting installations for up to 90 days. • Each proprietor is limited to one illuminated sign per establishment. • In all sign lighting, the source will be fully shielded from pedestrians and motorists. • Sources should not be visible from inside the associated building or from surrounding buildings. Externally Lighted Signs: • Downlighting of signs is preferred. • Uplighting must be shielded and/or fall completely on the sign. Internally Lighted Signs: • Cabinet signs, or signs with interior lighting, are to have fluorescent lamps and will not exceed 130 watts. • The use of sources other than fluorescent for cabinet signs is subject to the approval of the Town of Eagle. 11 r-,1 . n- 4.07.005 ROADWAY LIGHTING Roadway Lighting Allowable Lamp Types & Maximum Maximum Allowable Wattages Controls Mounting Height Residential* Compact fluorescent - (2)42 W max. H.1.D. 100 W max. 20 feet Residential Multi-Family* Compact fluorescent - 42 W max. H.I.D. 100 W max. 20 feet Residential Medium Density* Compact fluorescent - (2)42 W max. Lights on H.I.D. 100 W max. dusk to 20 feet Public Area Compact fluorescent - (2)42 W max. dawn H.I.D. 175 W max. 25 feet Compact fluorescent - (2)42 W max. Commercial Limited ** H.I.D. 175 W max. 30 feet Compact fluorescent - (2)42 W max. Commercial General * * H.I.D. 175 W max. 30 feet Compact fluorescent - (3)42 W max. Central Business District ** H.I.D. 175 W max. 30 feet Compact fluorescent - (3)42 W max. Industrial H.I.D. 175 W max. 30 feet * House-side shields should be used in all residential areas (to prevent roadway lighting from trespassing onto residential property). ** Mounting height may be extended to 40 feet for special cases such as large commercial developments only upon the Town of Eagle's approval. Amended 1/13/00 1 -2 01,0.+or 1 Ar Section 26.575.150 Outdoor ] ting. f (IJ - Page 1 of 7 Chapter 26.575 MISCELLANEOUS SUPPLEMENTAL R_EGULATIONS Section 26.575.150 Outdoor Lighting. A. Intent and Purpose. The City of Aspen has experienced a significant increase in the use of exterior illumination. City residents' value small town character and the qualities associated with this character, including the ability to view the stars against a dark s ky. They recognize t hat inappropriate and poorly d esigned or installed outdoor lighting causes unsafe and unpleasant conditions, limits their ability to enjoy the nighttime sky, and results in unnecessary use of electric power. It is also recognized that some exterior lighting is appropriate and necessary. This Section is intended to help maintain the health, safety, and welfare of the residents of Aspen through regulation of exterior lighting in order to: a. promote safety and security; b. help preserve the small town character; c. eliminate the escalation of nighttime light pollution; d. reduce glaring and offensive light sources; e. provide clear guidance to builders and developers; f. encourage the use of improved technologies for lighting; g. conserve energy; and, h. prevent inappropriate and poorly designed or installed outdoor lighting. B. Applicability. The lighting standards of this Section shall be applicable to all outdoor lighting within the City of Aspen. Existing outdoor lighting shall be considered legal non-conforming lighting for one year from the adoption date of this ordinance. C. Definitions. (a) Fully Shielded Light: light fixtures shielded or constructed so that no light rays are directly emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report. The fixture must also be properly installed to effectively down direct light in order to conform with the definition. (b) Foot-candles: a unit of illumination of a surface that is equal to one lumen per square foot. For the purposes of these regulations, foot-candles shall be measured at a height of 3 ft. above finished grade. (c) Fixture Height: height of the fixture shall be the vertical distance from the ground directly below the centerline of the fixture to the lowest direct light emitting part of the fixture. (d) High Intensity Discharge Light Source (HID): Light sources characterized by an arc tube or discharge capsule that produces light, with typical sources being metal halide, high pressure sodium, and other similar types which are developed in accordance with accepted industry standards. (e) Point Light Source: the exact place from which illumination is produced (i.e., a light bulb filament or discharge capsule). http://www.bpcnet.com/cqdes/aspen/-~ATA/Title 26/575/150.html 11/25/2003 Section 26.575.150 Outdoor hting. Page 2 of 7 (f) Light Trespass: the shining of light produced by a light fixture beyond the boundaries of the property on which it is located. D. Lighting Plans. (a) An outdoor lighting plan shall be submitted in conjunction with applications for subdivision, planned unit development, development within any environmentally sensitive area, special review application, and building permit application for a commercial or multi-family building. Such lighting plans shall be subject to establishment and approval through the applicable review processes. Said lighting plan shall show the following: (1) The location and height above grade of light fixtures; (2) The type (such as incandescent, halogen, high pressure sodium) and luminous intensity of each light source; (3) The type of fixture (such as floodlight, full-cutoff, lantern, coach light); (4) Estimates for site illumination resulting from the lighting, as measured in foot-candles, should include minimum, maximum and average illumination. Comparable examples already in the community that demonstrate technique, specification, and/or light level should be provided if available to expedite the review process; and (5) Other information deemed necessary by the Community Development Director to document compliance with the provisions of this Article. (b) Single family and duplex building shall be in compliance with the standards of Section 26.575.090. E. Non-Residential Lighting Standards. The following lighting standards shall be applicable to all non-residential properties including mixed uses: (a) Outdoor lighting used to illuminate parking spaces, driveways, maneuvering areas, or buildings shall conform to the definition for "fully shielded light fixtures" and be designed, arranged and screened so that the point light source shall not be visible from adjoining lots or streets. No portion of the bulb or direct lamp image may be visible beyond a distance equal to or greater than twice the mounting height of the fixture. For example, for a fixture with a mounting height of twelve (12) feet, no portion of the bulb or direct lamp image may be visible from twenty- four (24) feet away in any direction. The light level shall not exceed 10 foot-candles as measured three feet above finished grade. Exemptions may be requested for areas with high commercial, pedestrian, or vehicular activity up to a maximum of 20 foot-candles. (b) Outdoor lighting shall be 12 ft. or less in height unless it meets one or more of the following criteria: · Fully shielded with a non-adjustable mounting; or · Lighting for parking and vehicle circulation areas in which case heights up to a maximum of 20 ft. may be allowed; or Building mounted lighting directed back at a sign or building fagade; or Lighting on above grade decks or balconies which shall be fully shielded. (c) All light sources which are not fully shielded shall use other than a clear lens material as the primary lens material to enclose the light bulb so as to minimize glare from that point light source. E xceptions may be a Ilowed w here t here isa d emonstrated b enefit for the community http://www.bpcnet.com/codes/aspen/ DATA/Title 26/575/150.html 11/25/2003 Section 26.575.150 Outdoor I ting. ' Page 3 of 7 determined through the exemption process listed in this section. (d) High Intensity Discharge (HID) light sources are allowed with a maximum wattage of 175 high pressure sodium (HPS) and 175 watt metal halide (coated lamp - 3,000 degrees Kelvin). Standards for other HID light sources may be established by the City for new technology consistent with the above restrictions. (e) Spacing for security and parking lot light fixtures that are pole mounted shall be no less than 75 ft. apart. Decorative fixtures (which are also fully shielded) are allowed to maintain a 50 ft. fixture spacing. Wall mounted fixture spacing for security lighting shall be no less than 50 ft. measured horizontally. Decorative fixtures directed back toward a building face shall be exempt from this spacing requirement when shielded and shall not exceed 50 watts. Decorative fixtures that are not shielded shall maintain a minimum spacing of 25 ft. and shall not exceed 50 watts. Where security I ighting is a combination of pole a nd wall mounted fixtures, minimum s pacing shall be 75 ft. and a maximum of 150 ft. (f) Pole mounted fixtures shall be limited to two light sources per pole. (g) Mixed u se a reas t hat include residential o ccupancies s hall c omply with t he residential standards on those floors or areas that are more than 50% residential based on square footage of uses. (h) Up-lighting is only permitted if the light distribution from the fixture is effectively contained by an overhanging architectural or landscaping element. Such elements may include awnings, dense shrubs, or year-round tree canopies, which can functionally contain or limit illumination of the sky. In these cases the fixture spacing is limited to one fixture per 150 sq. ft. of area (as measured in a horizontal plane) and a total lamp wattage within a fixture of 35 watts. (i) Up-lighting of flags is permitted with a limit of two fixtures per flag pole with a maximum of 150 watts each. The fixtures must be shielded such that the point source is not visible outside of a 15-ft. radius. 0) Outdoor vending, such as gas stations, require approval for lighting. Lighting shall not exceed a maximum of 20 candles under the canopy. F. Residential Lighting Standards. The following lighting standards shall be applicable to residential properties: (a.) Outdoor lighting shall be 12 ft. or less in height unless it meets one or more of the following criteria: Fully shielded with a non-adjustable mounting; or · Lighting for parking and vehicle circulation areas in which case heights up to a maximum of 20 ft. may be allowed; or Building mounted lighting directed back at a sign or building fagade; or Lighting on above grade decks or balconies which shall be fully shielded. (b.) Outdoor lighting with HID light s ources in excess of 35 watts (bulb or lamp) shall be prohibited. In addition, incandescent light sources including halogen shall not exceed 50 watts. (c.) All light sources that are not fully shielded shall use other than a clear lens material, as the primary lens material, to enclose the light bulb to minimize glare from a point source. (d) Landscape lighting is limited to 35 watts per fixture per 150 sq. ft. of landscaped area (as measured in a horizontal plane). http://www.bpcnet.com/codes/aspen/_DATA/Title 26/575/150.html 11/25/2003 Section 26.575.150 Outdoor I ting. Page 4 of 7 (e) Security lights shall be restricted as follows: 1. The point light source shall not be visible from adjoining lots or streets. 2. Flood lights must be controlled by a switch or preferably a motion sensor activated only by motion within owners property. 3. Timer controlled flood lights shall be prohibited. 4. Photo-cell lights shall be allowed under the following circumstances: a) At primary points of entrance (e.g. front entries) or in critical common areas for commercial and multi-family properties; b) 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) c) the light source or fluorescent (or compact fluorescent) to eliminate excess electricity consumption. 5. Lights must be fully shielded, down directed and screened from adjacent properties in a manner that limits light trespass to ,1 of a foot candie as measured at the property line. 6. Light intensity shall not exceed 10 foot-candles measured 3 ft. above finished grade. 7. No light fixture shall be greater than 12 feet in height. Exceptions are: (a.) Tree mounted fully shielded, downward directed lights using a light of 25 watts or less, and (b.) Building mounted flood lights fully shielded, downward directed lights using a light of 50 watts or less. (f) Motion sensor lights may be permitted, but only where the sensor is triggered by motion within the owner' s property lines. (g) Light trespass at property lines should not exceed .1 of a foot-candie as measured at the brightest point. G. Street Lighting Standards. All n ew lighting illuminating public right-of-ways a nd easements or private streets shall conform with the following standards: (a) Street Light fixtures shall be approved jointly by the Community Development and Electric Department Directors and shall comply with the guidelines of this ordinance. H. Exemptions. The following types of lighting installations shall be exempt from the provisions, requirements, and review standards of this Section, including those requirements pertaining to Zoning Officer review. 1. Holiday Lighting. Winter holiday lighting which is temporary in nature and which is illuminated only between and including November 15 and March 1 shall be exempt from the provisions of this Section, provided that such lighting does not create dangerous glare on adjacent streets or properties, is maintained in an attractive condition, and does not constitute a fire hazard. 2. Municipal Lighting. Municipal lighting installed for the benefit of public health, safety, and welfare including but not limited to traffic control devices, existing street lights, and construction lighting. Any city projects built after November 22, 1999 shall comply with this ordinance. 3. Temporary Lighting. Any person may submit a written request to the http://www.bpcnet.com/codes/aspen/_DATA/Title_26/575/150.html 11/25/2003 , Section 26.575.150 Outdoor I ting. Page 5 of 7 Community Development Director for a temporary exemption request. If approved, the exemption shall be valid for not more than fourteen (14) days from the date of issuance of a written and signed statement of approval. An additional 14 day temporary exemption may be approved by the Director. The Director shall have the authority to refer an application for a temporary exemption to the Planning and Zoning Commission or the Historic Preservation Commission if deemed appropriate. A temporary exemption request shall contain at least the following information: a. Specific exemption or exemptions requested; b. Type, use and purpose of outdoor lighting fixture(s) involved; c. Duration of time requested for exemption; d. Type of lamp and calculated lumens; e. Total wattage of lamp(s); f. Proposed location on premises of the outdoor light fixture(s); g. Previous temporary exemptions, if any; h. Physical size of outdoor light fixture(s) and type of shielding provided; and, i. Such other information as may be required by the Community Development Department Director. 4. Approved H istoric L ighting F ixtures. N on-conforming lighting fixtures which are consistent with the character of the historic structure or district 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 or district and shall not exceed 50 watts. 5. Decorative lighting elements, such as shades with perforated patterns and opaque diffusers, may be exempted from the fully-shielded requirement provided they do not exceed 50 watts. 6. If a proposed lighting plan or fixtures are proposed that do not meet this code but that have demonstrable community benefit, an exemption may be considered. The applicant shall submit additional information to adequately a ssess the community benefit for a pproval by the Community Development Director. 1. Prohibitions. The following types of exterior lighting sources, fixtures, and installations shall be prohibited in the City of Aspen. 1. Light sources shall not be affixed to the top of a roof or under a roof eave, except where required by building code. 2. Lighting for the purpose of illuminating a building facade shall be prohibited when such lighting is mounted to the ground or poles, or is mounted on adjoining/adjacent structures. 3. Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity, and changing color I ights and i nternally illuminated signs s hall b e 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. 4. Mercury vapor and low-pressure sodium lighting shall be prohibited due to their poor color rendering qualities. 5. Linear lighting (including but not limited to neon and fluorescent lighting) primarily intended http://www.bpcnet.com/codes/aspen/_DATA/Title_26/575/150.html 11/25/2003 Section 26.575.150 Outdoor L ing. Page 6 of 7 as an architectural highlight to attract attention or used as a means of identification or advertisement shall be prohibited. 6. Unshielded flood lights and timer controlled flood lights shall be prohibited. 7. Lighting directed toward the Roaring Fork River or its tributaries. 8. No outdoor lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares. The following is prohibited: a. Any fixed light not designed for roadway illumination that produces direct light or glare that could be disturbing to the operator of a motor vehicle. b. Any light that may be confused with or construed as a traffic control device except as authorized by State, Federal, or City government. 9. No beacon or search light shall be installed, illuminated, or maintained. 10. Up-lighting is prohibited, except as otherwise provided for in this Section. J. Nonconforming Lighting. Unless otherwise specified within this ordinance, within one (1) year of the effective date of this ordinance, all out door 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. Violations shall be corrected within 60 days of being cited. Until that time, all existing outdoor lighting fixtures that do not already comply shall be considered legal nonconforming fixtures. K. Review Standards. 1. Height. Outdoor residential and commercial lighting shall be twelve (12) feet or less above grade in height. Special review by the Planning and Zoning Commission may allow lighting of a greater height under the following circumstances: a. A fixture at a greater height is required due to safety, building design, or extenuating circumstances in which case the light shall be fully shielded with a non adjustable mounting; or b. Lighting for commercial parking and vehicle circulation areas may have a maximum height of 20 feet above grade and shall be fully shielded, or c. Lighting on above-grade decks or balconies, which shall be fully shielded. 2. Foot Candles. Outdoor Non-Residential (26.575.070), Sign (26.575.080), and Residential (26.575.090) Lighting Standards shall not exceed the foot candles designated in their respective sections. Special review by the Planning and Zoning Commission may allow lighting of a greater intensity under the following circumstances: a. A fixture of a greater light intensity is required due to safety, building design, or extenuating circumstances in which case the light shall be fully shielded with a non adjustable mounting; or b. An architectural or historical feature requires greater illumination, in which case the light shall be fully shielded with a non adjustable mounting. L. Procedures. Administrative Review Procedures Lighting plans submitted in conjunction with applications for subdivision, planned unit development, development within any environmentally sensitive area, or special review application shall be reviewed by the Planning and Zoning Commission. http://www .bpcnet.com/codes/aspen/_DATA/Title_26/575/15 0.html 11/25/2003 Section 26.575.150 Outdoor I ing. Page 7 of 7 Lighting plans submitted as a part of a building permit application for a commercial or multi- family structure shall be reviewed administratively by the Community Development Director. The Director shall have the authority to refer an application to the Planning and Zoning Commission or the Historic Preservation Commission if deemed appropriate. Appeals Any appeals related to decisions regarding outdoor lighting shall be made to the Board of Adjustment compliant with the procedures in the Appeals Section 26.316 of this Land Use Code. (Ord. No. 47-1999, §1) http://www.bpcnet.com/codes/aspen/_DATA/Title 26/575/150.html 11/25/2003 ATTACHMENT D ORDINANCE NO. 7297 AN ORDINANCE AMENDING TITLE 9, "LAND USE REGULATION," B.R.C. 1981, BY REPEALING AND REENACTING THE CrrY' S ILLUMINATION STANDARDS, ADOPTING DIFFERENT LIGHTING STANDARDS FOR LAND DEVELOPMENT WHICH INCLUDES, WrrHOUT LIMErATION, MAXIMUM LIGHTING LEVELS, LIGHT UNIFORMITY RATIOS, THE COLOR OF LIGHT PEI*Ir[TED, AND LIGHT SHIELDING REQUIREMENTS FOR RESIDENTIAL AND NON- RESIDENTIAL LIGHTING FIXTURES; AND AN AMORTIZATION PROGRAM THAT REQUIRES THE REMOVAL AND REPLACEMENT OF LIGHTING FIXTURES FOR EXISTING LAND USES THAT DO NOT MEET THE NEW OUTDOOR LIGHTING STANDARDS. BE IT ORDAINED BY THE CrrY COUNCIL OF THE CrrY OF BOULDER, COLORADO: Section 1. Section 9-1-3, B.R.C. 1981, is amended by the addition of the following definitions, to read: "Control" means a fully automatic device, which can turn on, off, or dim lights at predetermined times. A control includes, without limitation, an astronomical time clock, photocell, motion detector, and dimmer. "Footcandle (fc)" means a unit of illuminance equivalent to one lumen per square foot. "Full cutofflight fixture" means a light fixture with a light distribution pattern that results in no light being projected at or above a horizontal plane located at the bottom of the fixture. "Fully shielded light fixture" means a light fixture that provides internal or external shields or louvers that prevents light being emitted by the fixture from causing glare or light trespass impacts. "Fully shielded from view" means that the light emitted by a light fixture is not visible from adjacent streets and properties. K:\PLCU\0-7297.ehf.wpd AGENDArrEM #~~ PAGE-)£_ "Glare" means the sensation produced by light within the visual field that is sufficiently greater than the light to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance or visibility. "Illuminance" means the amount of light that falls on a surface measured in footcandles. "IESNA" means the Illuminating Engineering Society of North America. "Light bulb" means the component ofthe light fixture that produces the actuallight. A bulb includes, without limitation, a lamp or tube. "Light fixture" or "luminaire" means the complete lighting unit consisting of one or more of the following: the lamp, ballast, housing, and the parts designed to distribute the light, to position and protect the lamps, and to connect the lamp to the power supply. Light fixtures also include any electric sign as defined in Section 10-11-2, "Definitions," B.R.C. 1981. "Light pollution" means any light that is emitted into the atmosphere, either directly or indirectly by reflection against any exterior surface, including, without limitation, the ground, buildings, cars, glass, or windshields, that alters the appearance of the night sky, interferes with astronomical observation, or interferes with the natural functioning of vegetation or wildlife. "Light trespass" means light projected onto a property from a light source located on a different property. "Lumen" is a measure of light energy generated by a light source. The lumen rating of a light bulb or lamp is provided by the bulb manufacturer. "Maximum allowable light level" is the maximum initial horizontal illuminance for exterior areas measured at one hundred hours of operation, in footcandles at grade level, anywhere within the property including areas under canopies, balconies or other non-enclosed or partially enclosed areas. "Maximum lumen rating" means the maximum initiallight output measured in lumens as established by the lamp manufacturer. If a light fixture has multiple lamps, this rating refers to the combined total lumens of all lamps within the fixture. "String of lights" means a series of lights attached to a wire, race, or inserted in transparent tubing in such a way that it can be moved about or hung in various ways, and whose bulbs are not light fixtures permanently attached to a building or other structure. "Uniformity ratio" means the ratio between the maximum and the minimum light level within a specific use area such as a parking lot. K:\PLCU\0-7297.ehf.wpd AGENDA rrEM # {IA _PAGE.2.1_ "White light source" means a spectrum of light produced by, but not limited to, incandescent, halogen, metal halide, induction, and fluorescent lamps having a color temperature between 2,650 and 4,000 degrees Kelvin and a minimum Color Rendering Index (CRD of 65. Section 2. Section 9-3.3-17, B.R.C. 1981, is repealed and reenacted to read: 9-3.3-17 Outdoor Lighting. (a) Purpose: The purposes of the outdoor lighting standards are to: (1) Provide adequate light for safety and security; (2) Promote efficient and cost effective lighting and to conserve energy; (3) Reduce light pollution, light trespass, glare, and offensive light sources; (4) Provide an environmentally sensitive nighttime environment that includes the ability to view the stars against a dark sky so that people can see the Milky Way Galaxy from residential and other appropriate viewing areas; (5) Prevent inappropriate, poorly designed or installed outdoor lighting; (6) Encourage quality lighting design; light fixture shielding, establish maximum uniformity ratios and establish maximum light levels within and on property lines; and (7) Establish an amortization program to remove or replace light fixtures that exceed the requirements permitted by this section. (b) I.egislative Findings Regarding the Amortization Provisions: The city council adopts the following findings regarding the amortization provisions of this section: (1) On balance, that the burdens created to individual property owners by the amortization provisions of this section are greatly outweighed by the benefits that will provided to all of the citizens in and visitors to the City ofBoulder and areas that are in close proximity to the City of Boulder. The value of the fixtures required to be replaced by this ordinance are minimal, and that on balance, the burden placed on the property owner is minimal, given the value of such fixtures against the benefits gained by such replacement, which is a substantial decrease of unnecessary light pollution. K:\PLCU\0-7297 ehf.wpd AGENDArIEM#.5~_PAGEgiR- (2) The amortization period, based upon the formula that is used by the United States Internal Revenue Service to depreciate fixtures attached to real property over a fifteen year period is reasonable and provides a rational basis for the amortization schedule set forth in this section. (3) The adopted amortization periods, together with an opportunity for extensions beyond the time periods set in this section will allow the property owner to recoup or recover costs or otherwise reap the benefits of the useful life of such improvements in a manner that is consistent with the generally accepted methods of depreciating fixtures utilized by the United States Internal Revenue Service. (c) Scope: This section shall apply to all exterior lighting including illumination from outdoor signs that impact the outdoor environment. No person shall install any light fixture unless such fixture meets the requirements of this section. (1) Conformance at the Time of Building Permit Application: Compliance with the requirements of this chapter shall be required for all new development. The following outdoor lighting improvements shall be installed prior to a final inspection for any building permit for any redevelopment which exceeds the following thresholds: (A) When development or redevelopment, exceeds twenty-five percent of the Boulder County Assessor' s actual value of the existing structure then all existing unshielded exterior light fixtures shall be retrofitted with shielding to prevent light trespass. (B) When development or redevelopment exceeds fifty percent of the Boulder County Assessor's actual value of the existing structure then: (i) All exterior lighting, except existing parking lot lighting, shall be brought into conformance with the requirements of this section: and (ii) All existing parking lot light fixtures shall be retrofitted with shielding to prevent light trespass. (C) When development or redevelopment exceeds seventy five percent of the Boulder County Assessor' s actual value of the existing structure then all exterior lighting fixtures shall be brought into full conformance with the requirements of this section. K:\PLCU\0-7297.ehf.wpd AGENDA~EM# 91?_PAGE2_ (2) Replacement of Fixtures: If an existing light fixture is removed, it shall only be replaced with a conforming light fixture. (d) Design Standards: No person shall install or maintain any exterior lighting that fails to meet the requirements of this section: (1) Maximum Light Levels at Property Line: The maximum light level at any point on a property line shall not exceed 0.1 footcandles within or adjacent to a residential zone or 0.2 footcandles in non-residential zones except as follows: (A) The light emitted by light fixtures mounted on a structure built within five feet of a public street right-of-way or sidewalk, shall not exceed the maximum allowable light levels for"pedestrian areas" specified in subsection (e) for the underlying zoning district or use. The maximum allowable light level shall include any existing or proposed street or pedestrian lighting located within the right of way. In no case shall the maximum allowable light level within the right-of-way, excluding street lights, exceed 0.2 footcandles when measured at the curb line. (B) In non-residential zoning districts, unless a variance has been granted, light levels exceeding 0.2 footcandles at the property line may be approved by the city manager upon finding that the increased light levels will not adversely affect an adjacent property owner. Evidence that the light will not adversely affect an adjacent property owner may include, without limitation, a statement from such property owner that it will not be adversely affected by the increased light levels. The maximum allowable light levels specified in subsection (e) shall not be exceeded when measured on the property line. (2) White Light Source Required: White light sources that include, without limitation, metal halide, fluorescent, or induction lamps, but excluding incandescent and halogen lamps, shall berequired forany light fixture which exceeds 24001umens that is within a parking lot, vehicular circulation, or pedestrian use area. (3) Use of High Pressure Sodium Lamps: Full cut-off high pressure sodium lamps, not exceeding a maximum lumen rating of 16,000 lumens, may be used in outdoor storage areas and other similar use areas not accessible to the general public and the need for good color rendering capabilities for safety and security is not necessary. (4) Architectural Lighting of Building Facades: The lighting of a building facade for architectural, aesthetic, or decorative purposes is permitted subject to the following restrictions: K:\PLCU\0-7297.ehf.wpd AGENDATIEM#-f/A.PAGE22. (A) Upward aimed building fagade lighting shall not exceed 900 lumens. All upward aimed light shall be fully shielded, fullyconfined fromprojecting into the sky by eaves, roofs or overhangs, and mounted as flush to a wall as possible. (B) Building facade lighting exceeding 9001umens shall be fully shielded, aimed downward, and mounted as flush to a wall as possible. (C) Building facade lighting shall be fully contained within the vertical surface of the wall being illuminated. (D) Building facade lighting that is measurable at the ground level shall be included in the maximum allowable light levels. (5) Unshielded Lighting Activated by a Motion Sensor: Unshielded lighting that emits more than 900 lumens but less than or equal to 1200 lumens is permitted provided that it is activated by a motion sensor and provided it is aimed and located in such a manner as to prevent glare and light trespass. The light shall only go on when activated and go off within five minutes of activation. Motion sensor activated lighting shall not be triggered by any movement or activity located off the property on which the light is located. (6) Signs: All exterior signs shall be required to meet the standards for this section. In addition, all exterior signs are also subject to the requirements set forth in Chapter 10-11, "Signs on Private Property," B.R.C. 1981. (7) Standards for Lights Adjacent to Residential Zoning Districts. Residential Uses or Public Right-of-Ways: Any light fixture located within ten feet of a property line, of a residential zoning district, an existing residential use, or within ten feet of a public right-of-way, except as permitted in subsection (d)(1)(A) shall be: (A) Aimed away from the property line, residential zone, residential use, and/or right-of-way; (B) Classified as a IESNA Type III or Type IV light fixture; and (C) Shielded on the side closest to the property line, residential zone, residential use, or public right-of-way. (8) Canopy Lighting: Lighting fixtures mounted under canopies used for vehicular shelter shall be aimed downward and installed such that the bottom of the light K:\PLCU\0-7297.ehf.wpd AGENDArrEM# ~~_PAGE 23 fixture or its lens, whichever is lower, is recessed or mounted flush with the bottom surface of the canopy. A full cut off light fixture may project below the underside of a canopy. Aillight emitted by an under-canopy fixture shall be substantially confined to the ground surface directly beneath the perimeter of the canopy. No lighting, except that permitted by the sign ordinance, shall be permitted on the top or sides of a canopy. (9) Flag Poles: A flagpole meeting the requirements ofChapter 10-11, "Signs on Public Property," B.R.C. 1981, may be illuminated by one upward aimed fully shielded spotlight light fixture which shall not exceed 3500 lumens. The light fixture shall be placed as close to the base of the flagpole as reasonably possible. (10) Strings of Li£hts: No person shall use a string of lights on property with non- residential uses except as follows: (A) Strings of lights may only be used if they are approved by the city manager as part of an outdoor lighting plan or landscape plan. The plan must comply with all of the standards of this subsection. The purpose of such lighting is intended to create pleasing pedestrian spaces, such as an outdoor dining or patio areas, utilizing low lighting levels. (B) Strings of lights permitted under this subsection shall be displayed in compliance with the following standards: (i) The string of lights contains only low wattage bulbs that are not greater than 50 lumens per bulb (equivalent to a seven watt C7 incandescent bulb); (ii) The string of lights shall be located within a pedestrian way, plaza, patio, outdoor dining area, or the primary entry into a building; (iii) The string of lights is not placed in any required landscape setback adjacent a street; (iv) The string oflights shall be displayed on abuilding, wall, fence, trees, and shrubs; and (v) The string of lights shall not suspend horizontally between any buildings, walls, fences, trees, or shrubs (for the purposes of this paragraph, "horizontally" means any portion of the suspended string which dips less than forty-five degrees below the horizontal). K:\PLCU\0-7297.ehf.wpd AGENDA nEM # #A_ PAGE.J~. (11) Parking Lot Lights and Trees: Parking lot light fixtures and poles shall be located such that trees located within the parking lot do not obscure the operation of the light fixture. (12) Full Cut Off Fixtures: Full cut off fixtures shall be installed in a horizontal position as designed. (e) Maximum Light Standards: No person shall operate any device which makes light in excess of the levels specified in this section. Light from any fixture shall not exceed any of the limits for the applicable zoning district or use classification in Tables "A" and "B." In the event an applicant utilizes light levels at the highest level permitted for a specific use area, such lighting shall be substantially confined to that particular use area. Table A Zoning District Requirements Residential Zoning Districts Commercial, Office, and Public Zoning District (not including public uses) Industrial Zoning Districts and Public Uses in Residential Zones Maximum allowable light levels 5.0 at building entries 5.0 at building entries 5.0 at building entries (measured in footcandles) 3.0 in parking areas 5.0 in parking areas 5.0 in parking lots 3.0 along pedestrian 3.0 along pedestrian walkways 3.0 along pedestrian walkways walkways 2.0 in common open space 2.0 in outdoor storage areas areas (max. uniformity ratio requirements are not applicable) Maximum Uniformity Ratio (max. Wa 10:1 (except as noted above) 10:1 to min.) Maximum lumen rating for a full 8,500 - parking areas of six or 14,000 14,000 cut-off luminaire shielded from more spaces view of adjacent streets and properties 4,000 - walkway lights and 23,500 on 35 foot pole when common areas permitted 1,800 stairways and 16,000 for High Pressure Sodium entryways when permitted Maximum lumen rating for an 900 1,250 1,250 IESNA cutoff or semi cut-off fixture Maximum lumen rating for an 900: except no lamp or bulb, 900 900 unshielded light fixture other than for seasonal displays and landscape ornamental lighting, shall be visible beyond the property line. KAPLCUo-7297 ehf.wpd AGENDAn= #.4AjAGE £25 Controls Motion sensors required for Recommended after close of Recommended after close all unshiel(led fixtures in business of business excess of 900 lumens Maximum allowable pole height 20 feet in parking lots 25 feet in parking lots 20 feet in parking lots (includes base, pole and luminaire) within or adjacent to residential zones, otherwise 25 foot maximum 15 feet in all other areas 35 feet for contiguous parking lots of 5 or more acres in size 20 feet in all other areas Table B Special Use Reauirements Parking Structures and Private Recreation Public Recreation Use Service Stations, Covered Parking Below Use Automobile Dealerships, a Building Drive-Up Windows Maximum allowable light 5.0 within structure and The lesser of 30 The IESNA recommended 5.0 in building entries and levels in structure and footcandles or the standards for the specific drive-up windows (measured in footcandles) pedestrian entries IESNA recommended sports venue standards for the specific sports venue 5.0 for uncovered upper 5.0 in parking lots 5.0 in parking lot 20.0 under service station levels canopies 5.0 for extcrior 4.0 in pedestrian areas 4.0 in pedestrian areas 15.0 within vehicular pedestrian circulation display areas areas 5.0 in parking lots 3.0 along pedestrian walkways Maximum uniformity ratio 5:1 within parking 3:l on sports field or 3: 1 on sports field or court 10:1 (max. to min) structure court 10: 1 remainder of site 10:1 remainder of site 10:1 remainder of site Maximum lumen rating for a 14,000 23,500 107,000 14,000 full cut-off light fixture field or court area sports field shielded from view of adjacent streets and 8,500 23,000 properties parking and pedestrian courts areas 13,500 parking areas 8,500 pedestrian areas K:\PLCU\0-7297.ehf.wpd AGENDA ]0(EM #94_ PAGE f.?74 Maximum lumen rating for 1,800 1,250 4,000 1,800 an IESNA cut-off or semi cut-off light fixture Maximum lumen rating for 900 900 900 900 an unshielded light fixture Sports shielding nia internal and external internal and external Wa Light fixture aiming angle n/a n/a not greater than 60 degrees n/a from nadir Controls Automatic daylight Field or court lights Field or court lights shall Service station canopies adaptation controls shall be turned off be turned off within 30 and vehicular display light required within 30 minutes of minutes after the last event shall not exceed 5.0 the last event or 12:00 footcandles within 1 hour midnight whichever is of the close of business earlier Maximum allowable pole 12 feet for uncovered 20 feet in residential 20 feet in parking lots 20 feet when adjacent to height upper level parking zones within or adjacent to residential zones, otherwise (includes base, pole, and residential zones, 25 feet in parking lots light fixture) otherwise 25 feet 25 feet in ali other 35 feet for sports lighting 20 feet in all other areas zones or as approved by the city manager per Section 9-4- 11, "Site Review," B.R.C. 1981 (f) Prohibitions: No person shall install any of the following types of outdoor lighting fixtures: (1) Mercury vapor lamps; (2) Low pressure sodium lamps, unless within six hundred feet of an existing astronomical observatory, which is owned or operated by a governmental entity; (3) Blinking, flashing, moving, revolving, flickering, changing intensity or color, and chase lighting, except lighting for temporary seasonal displays, lighting for public safety or required for air traffic safety; (4) Any light fixture that may be confused with or construed as a traffic control device; (5) Any upward oriented lighting except as otherwise provided for in this section; (6) Searchlights, beacons, and laser source light fixtures; (7) Exposed linear lamps that include, without limitation, neon, Light Emitting Diode (L.ED.),and fluorescent lighting, primarily intended as an architectural highlight to attract attention or used as a means of identification or advertisement except as ,' permitted by Chapter 10-11, "Signs on Private Property, B.R.C. 1981; and K:\PLCU\0·7297.ehf.wpd AGENDAMM#.48._r= 079 ?tef: (8) Any lamp or bulb not within a light fixture (except for seasonal displays and landscape ornamental lighting) visible beyond the property line on which it is located. (g) Lighting Plans Required: A lighting plan shall be submitted with any building permit application except for a single detached dwelling unit on an individual lot, in which outdoor lighting is proposed or required. The lighting plan shall include: (1) A site plan showing the location of all buildings and building heights, parking, and pedestrian areas on the lot or parcel; (2) The location and description including mature height of existing and proposed trees and the location of light fixtures on adj acent properties or the street right-of- way within ten feet of the subject property; (3) The location and height above grade of all proposed and existing light fixtures on the subject property; (4) The type, initial lumen rating, color rendering index, and wattage of each lamp source; (5) The general style of the light fixture such as cut-off, lantern, coach light, globe, and a copy of the manufacturers catalog information sheet and IESNA photometric distribution type, including any shielding information such as house side shields, internal, and/or external shields; (6) Control descriptions including type of controls (timer, motion sensor, time clock, etc.), the light fixtures to be controlled by each type, and control schedule when required; (7) Aiming angles and diagrams for sports lighting fixtures; and (8) A light calculation which shows the maximum light levels on a grid not to exceed ten feet by ten feet across the entire site and a minimum of ten feet beyond the lot or parcel property line. The grid shall also indicate maximum to minimum uniformities for each specific use area such as parking and circulation areas, pedestrian areas, and other common public areas. (h) Final Inspection and Certification: Prior to a building permit final inspection or the issuance of acertificate ofoccupancy, the applicant shall provide certification that the outdoorlighting as installed complies with the approved illumination plan and the requirements of this section unless waived or amended by the city manager in writing. The certification shall be_ K:\PLCU\0-7297.ehfwpd AGENDAMM' #A- _PAGE-42£ submitted in a format prescribed by the city manager. The certification shall be completed by the architect, electrical engineer, electrical contractor, or lighting consultant responsible for the plans or the final installation. (i) Exceptions: The standards of this section shall not apply to the following types of exterior lighting: (1) Ornamental Lighting: Low voltage (12 volts or less), low wattage ornamental landscape lighting fixtures, and solar operated light fixtures having self contained rechargeable batteries, where any single light fixture does not exceed 100 lumens. (2) Strings of Light: Strings of light, not exceeding a maximum of 50 lumens per lamp, (equivalent of a seven watt C7 incandescent light bulb) on properties located in all residential zoning districts or on properties that are used exclusively for residential uses shall be exempt from the requirements of this chapter. (3) Aviation Lighting: Lighting used exclusively for aviation purposes. All heliport lighting, except lighting associated with emergency facilities, shall be turned off when the heliport is not in use. (4) Right-of-Wav Lighting: Public lighting that is located within the right-of-way. (5) Seasonal Lighting Displays: Lighting displays from November 15 through January 30 of the following year. 0) Variances and Exemptions: The city manager is authorized to grant variances to this section in accordance with the following standards: (1) Equivalent Material: The provisions of this section are not intended to prevent the use of any design, material or method of installation not specifically prohibited by this article provided any such alternate has been approved by the city manager. The city manager may approve any such alternate provided that the proposed design, material or method provides an approximate equivalent method of satisfying the standards of this section. (2) Variance: The city manager may grant a variance from the provisions of this section if the city manager finds that one of the criteria of subparagraphs (A), (B) or (C), and subparagraphs (D) and (E) have been met: (A) There are special circumstances or conditions applying to the land, buildings, or outdoor light fixtures for which the variance is sought, which circumstances or conditions are peculiar to such land, buildings or outdoor_ K:\PLCU\0-7297.ehf.wpd AGE.Nimmm, #A._eAGE.,2~2.- light fixtures and do not apply generally to the land, buildings or outdoor light fixtures in the neighborhood; (B) For non-residential uses, there are occupational safety lighting requirements for activities or processes that occur outdoors that are required by another governmental agency; or (C) Upon a finding by the city manager that outdoor lighting in specific areas of the community, that otherwise meets the requirements of this section is not adequate and additional lighting is necessary to improve safety or security for the property or its occupants; and (D) The granting of the variance will generally be consistent with the purpose of this section and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and (E) The variance is the minimum variance that provides the relief required. (3) Temporary Lighting Exemntion: The city manager may grant an exemption from the requirements of this section for temporary outdoor activities that include, without limitation, fairs, carnivals, sporting events, concerts, and promotional activities, if the city manager finds the following: (A) The length of time that the temporary lighting is to be used is not longer than thirty days; (B) The proposed lighting is designed in such a manner as to minimize light pollution, light trespass, and glare as much as feasible; and (C) The proposed lighting will comply with the general purpose of this section. (k) Amortization: All exterior lighting fixtures which do not conform to the following standards shall be brought into conformance no later than fifteen years from the date of adoption of this section. (1) Extension of Amortization Period: The city manager may extend the amortization period of this section. The city manager shall provide a compliance date for the meeting the requirements of this section under a plan whereby the owner's actual investment in the improvements before the time that the use became non-standard under this section can be amortized within a definite time period. The city manager shall consider the following factors in determining a reasonable amortization period: K:\PLCU\0-7297.ehf.wpd AGENDA MEN{ 6 4A _pAGE~52-_ (A) The owner's investment in improvements and other assets on the property before the time the improvements became non-standard. (B) Any costs that are directly attributable to the establishment of a compliance date, including demolition expenses, and reconstruction expenses. (C) Any return on investment since inception of the use, including net income and depreciation. (D) The anticipated annual recovery of investment, including net income and depreciation. (2) Comoliance Requirement: If the city manager establishes a compliance date for a non-conforming use, the use must cease operations on that date and it may not operate thereafter unless it meets the lighting standards of the Boulder Revised Code. (3) Appeal: A property owner that requested the extension of an amortization period under this section that is aggrieved by any decision of the city manager denying such an extension may appeal to the Board of Zoning Adjustment by providing a notice to the city manager o f the owner's intent to appeal with fourteen days after receiving notice of the city' s decision. The hearing shall be held in conformance with the requirements of Subsection 9-3.6-2(d), B.R.C. 1981. (4) Exempt from Amortization Reauirements: The following shall be exempt from the amortization provisions, but not the shielding requirements, of this section: (A) Existing high pressure sodium and metal hali(ie light fixtures which do not exceed the maximum allowable light levels of subsection (e) by more than twenty percent; (B) Existing high pressure sodium and metal halide light fixtures mounted on poles which exceed the maximum allowable pole heights of subsection (e), but do not exceed thirty-five feet in height, and do not exceed the maximum allowable light levels of subsection (e); (C) Existing high pressure sodium and metal halide light fixtures which exceed the maximum lumen ratings of subsection (e), but comply with the maximum allowable light levels of subsection (e). (5) Special Amortization Requirements: Notwithstanding the fifteen year amortization period set forth above, the following types of fixtures or bulbs shall be replaced sooner, as follows: - K:\PLCU»7297.ehf.wpd AN.NDArmtif,~CA ~ ~_2AGE.8/ (A) Replacement of Unshielded Mercury Vapor Light Fixtures: Existing unshielded mercury vapor light fixtures shall be removed or replaced with a light fixture that meets the requirement of this section by September 1, 2005. (ED Replacement of Bulbs: To the extent that compliance with this section can be achieved by replacement of a light bulb, the light bulb shall be replaced with one that meets the requirements of this section upon its failure or on September 1, 2004, whichever is earlier. (C) Aiming of Fixtures: To the extent that compliance with this section can be achieved by reaiming a fixture, such fixture shall be reaimed by September 1,2004. Section 3. The city council orders that this ordinance be applied to all building pennit applications made to the city after the effective date of this ordinance. Section 4. This ordinance is necessary to protect the public health, safety, and welfare of the residents of the city, and covers matters of local concern. Section 5. The council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. K:\PLCU\0-7297.ehf.wid AGENDABEM#41 ._pAGE 37 Arapahoe County Land Development Code PART 1 ZONING REGULATIONS SECTION 1-4700 LIGHTING STANDARDS 1-4701 INTENT • To provide lighting standards that ensure adequate visibility for vehicle drivers and pedestrian users; that enhance personal safety and protection against assault, theft and vandalism; that ensure comfort levels of property owners and patrons and minimize the negative effects of light pollution and trespass. Lighting should effectively augment and enhance good site and building design. 1-4702 APPLICABILITY • These lighting standards apply for all developments exclusive of single family detached developments. All uses that require Arapahoe County approval of a Final Development Plan, Master Development Plan, Administrative Site Plan, Subdivision Development Plan or Use by Special Review shall conform to these lighting standards. 1-4703 SUBMITTAL PROCESS • When a lighting plan is necessary through a FDP, MDP, ASP, SDP or USR, the submittal requirements are determined by those regulations. When an approved PDP, ADP, FDP, SDP or USR does not adequately address lighting, these regulations shall govern. When an application is not part of a formal subdivision or zoning application and is being processed through the building permit process, the following standards and process will be required. 1-4704 SUBMITTAL REQUIREMENTS • These requirements may be modified as deemed necessary by the Planning Division Manager or designee. • Submit a lighting plan with all lighting fixtures (pole, ground and building mounted) including location, type and height of lighting devices at a scale approved by staff. Rev Date 4.2.01 Section 1-4700 Page 1 Lighting Standards Arapahoe County Land Development Code • Submit lighting specification cut sheets from the manufacturer for all existing and proposed fixtures. • Submit a photometric plan consisting of a point-by-point analysis of the lighting plan in accordance with the IES Publication LM-64. Other supporting information may be required. 1-4705 OUTDOOR LIGHTING DESIGN STANDARD 1-4705.01 • All lighting shall be shielded such that the source of illumination (bulb or direct lamp image) is not visible from the property line thereby reducing glare and interference with boundary streets and adjacent properties 1-4705.02 • Except as otherwise allowed for herein, all lighting (including, but not limited to street, parking lot, security, walkway and building) shall conform with the Illuminating Engineering Society of North America (IES) criteria for full cut-off fixtures (100% of light output below 90 degrees, and 90 % of light output below 80 degrees from a vertical line through the fixture). 1-4705.03 • Lighting fixtures that illuminate landscape plantings, pedestrian walkways, signage, or product display areas shall also conform to the full cut-off fixture. 1-4705.04 • The lamp cannot extend below the housing of the fixture. 1-4706 SITE LIGHTING • Light levels measured at the property line shall not exceed 0.5 foot-candles and 20' beyond the site's property line (adjacent to residential development) shall never exceed 0.2 foot-candles as a direct result of the on-site lighting. • All fixtures mounted within 15' of a residential property line or public right-of-way boundary shall be classified as IES Type 111 or Type F (asymmetric forward throw). Rev Date 4.2.01 Section 1-4700 Page 2 Lighting Standards Arapahoe County Land Development Code These fixtures shall be fitted with a "house side shielding" reflector on the side facing the residential property line or public right-of-way. 1-4707 DESIGN REQUIREMENTS • The style, color and design of the fixtures shall be compatible with the over-all design concept and use of materials for the building, site and area of the lighting plan. 1-4708 HOURS OF OPERATION • Through the review of a development proposal, (or building permit when applicable) the hours of operation may be restricted based upon but not limited to: location to residential development, topography, proposed use of the property, security and traffic interference. 1-4709 PROHIBITED LIGHTING • All lighting of signage shall comply with the adopted Signage Regulations (Section 3700). • No outdoor lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares. The following is prohibited: • Any fixed light not designed for roadway illumination that produces incident or reflected light that could impair the operator of a motor vehicle. • The installation, illuminations or maintenance of beacons or searchlights. • Lights, which are mounted on the ground or poles for the purpose of illuminating the building facade, will be reviewed by the DSIM Department on a case-by-case basis for compliance with the intent of these regulations. 1-4710 INSTALLATION AND MAINTENANCE STANDARDS • Operation and maintenance cost of the lighting system will be the responsibility of the property owner. Rev Date 4.2.01 Section 1-4700 Page 3 Lighting Standards Arapahoe County Land Development Code • Requirements for maintenance shall include replacement of bulbs and light fixture, regular cleaning and replacement of light fixtures as needed. Rev Date 4.2.01 Section 1-4700 Page 4 Lighting Standards SECTION 30 Page 1 0 f 3 SECTION 30 LIGHTING STANDARDS 3001 Intent To provide lighting standards that prevent motorized vehicle and pedestrian conflicts, provide personal safety and protection against assault, theft and vandalism; to provide convenience and comfort levels to the users of sites and minimize the negative effects of light pollution and trespass. 3002 Lighting Standards All outdoor lighting shall meet the following standards: 3002.01 All lighting shall be shielded such that the source of illumination (bulb or direct lamp image) is not visible from any adjacent property. 3002.02 Except as otherwise allowed for herein, all lighting (including but not limited to street, parking lot, security, walkway and building) shall conform with the Illuminating Engineers Society (IES) criteria for true cut-off fixtures (90% of fixture light out-put within the 0-60° range floin vertical). No portion of the bulb or direct lamp image may be visible beyond two mounting heights from the fixture. If the bulb position within a fixture is vertical, any or all o f the following may be required: • A high socket mount, • A translucent fixture lens, • An opaque coating or shield on a portion o f the perimeter o f the lens, or • Other industry accepted measures, to ensure that the fixture IES classification as a true cut-off is not compromised. 3002.03 All lights must be retrofitted with shielding in a manner such that the light conforms with IES criteria for true cut-off fixtures as noted in 3002.02 herein. 3002.04 All lights, except those required for security as provided herein, must be extinguished within one hour after the end of business hours and remain extinguished until one hour prior to the commencement of business hours. For reasons of security, a maximum of 1.5 foot-candles at entrances, stairways and loading docks, and 0.5 foot-candle on the rest of the site is permitted. 3002.05 Lights which are mounted on the ground or poles for the purpose of illuminating the building facade are prohibited. 3002.06 Non IES approved cut-off fixtures which use incandescent bulbs of 150 watts or less may be used to illuminate landscape plantings, pedestrian walkways, signage, or product display areas. All signage lighting shall be extinguished within one hour of the end of business hours and remain extinguished until one hour prior to commencement of business hours. http://~w.douglas.co.us(pC/planning/documents/Zoningres/section30.htm 11/25/2003 SECTION 30 Page 2 0 f 3 3002.07 Blinking, flashing or changing intensity lights and lighted signs shall be prohibited, except for temporary holiday displays or lighting required by the FAA for air traffic control and warning purposes. 3002.08 No outdoor lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares. The following is prohibited: 3002.08.01 Any fixed light not designed for roadway illumination that produces incident or reflected light that could be disturbing to the operator o f a motor vehicle. 3002.08.02 Any light that may be confused with or construed as a traffic control device except as authorized by a State, Federal, or County government. 3002.09 No beacon or search light shall be installed, illuminated or maintained. 3002.10 All stadium and all other exterior sports arena lights used for the purpose of illumination of the playing area must be extinguished by 10:00 p.m. or immediately after the conclusion of the final event of the day. The remainder of the facility lighting, except for reasons of security, must be extinguished at 10:00 p.m. or within one hour after the event, whichever is later, and remain extinguished until one hour prior to the commencement of the next event. For reasons of security, however, a maximum level of 1.5 foot-candles at entrances and stairways, and 0.5 foot-candle on the rest o f the site is permitted. 3002.11 Maximum fixture height for aillighting shall be: • 24' when fixture is located within 75' o f the site's boundary; and • 40' when the fixture is located beyond 75' from the site's boundary provided that for mounting heights in excess of 24', the distance of the fixture to the site's boundary be not less than three times the mounting height. 3002.12 All fixtures mounted within 15' of any residential property line or public right-of-way boundary of the site shall be classified as IES Type III or Type F (asymmetric forward throw) and shall be fitted with a "house side shielding" reflector on the side facing the residential or public right- of-way property line. 3002.13 Acceptable bulb types: • High Pressure Sodium • Metal Halide (coated preferred) • Incandescent 3002.14 Maximum on-site foot-candles shall not exceed 10 foot-candles. In areas adjacent to buildings, said 10 foot-candle maximum shall include light spillage from within the building as well as light from signage. 3002.15 Minimum maintained on-site foot-candles shall be 0.5 htto://www.douglas.co.us/DC/planning/documents/Zoningres/section30.htm 11/25/2003 SECTION 30 Page 3 of 3 3002.16 Light levels measured 20' beyond the site's property line (adjacent to residential or public right- °f-way) shall never exceed 0.1 foot-candles as a direct result of the on-site lighting. http://www.douglas.co.us/DC/planning/documents/Zoningres/section30.htm 11/25/2003 Flagstaff Arizona Light Pollu Code Page 1 of 13 ** ~60.08~44% PLI %1:40nonzy ( 4 , 4- <sout&££15~£7,1 641(zoila CS 0 Updal¢d: Revised ~agst@]I>Arizona 07-Jan-2003 Outdoor Lighting Ordinance HOME Flagstaff Lighting Code -- Division 10-08-002 of the Land Development Code Calendar of (LDC) Events 2003 Officers First Flagstaff outdoor lighting restrictions: 1958 First Flagstaff comprehensive outdoor lighting code: 1973 Maps_& Major revision and update (LPS; lumens/acre): November 1989 Diactions Land Development Code revision: April 1991 Members Updated (Canopy caps): June 1999 M_embership DIVISION 10-08-002. DEVELOPMENT LIGHTING REGULATIONS Teleswee*_and CH>str¥919-rips 10-08-002-0001. INTENT AND PURPOSE Images & Photo# It is the intent of this Division to encourage lighting practices and systems which will ATM Group minimize light pollution, glare, light trespass; conserve energy and resources while maintaining night-time safety, utility, security and productivity; and curtail the Deep_Sky degradation o f the night time visual environment. It is recognized that since Shallow Sky topographic and atmospheric conditions surrounding the City of Flagstaff are Lunar.L-solar uniquely suited for astronomical observation and since observatories have been established in the City's vicinity, the City of Flagstaff, through the provisions herein ASONiC contained, promotes the reduction of light pollution which interferes with the Astrometrv successful operation of such observatories. The effects of outdoor lighting on the ligh Lig-bl-Pallutign pollution over the observatories is strongly dependent on the distance of those lights from the observatories; therefore, three Astronomical Zones are hereby established, Web- Links allowing increased flexibility in the uses o f outdoor lighting farther from the Classifieds observatories. Cochise County 10-08-002-0002. APPLICABILITY Feedback Newsletter A. NEW USES, BUILDINGS AND ADDITIONS: All proposed new land uses, Constitution developments, buildings, structures, or building additions of twenty-five (25) Non-Profit Inc. percent or more in terms of additional dwelling units, gross floor area, seating Treasurer capacity, or other units of measurement specified herein, either with a single Repon addition or cumulative additions subsequent to the effective date o f this provision, August 5, 1999, shall meet the requirements of this Division for the Updates entire property. This includes additions which increase the total number of required parking spaces by twenty-five (25) percent or more. For all building You are esteemed additions of less than twenty-five (25) percent cumulative, the applicant shall visitor only have to meet the requirements o f this Division for any new outdoor lighting provided. htto://c300.cochise.ec.az.us/astro/Dollution060.htm 11/24/2003 Flagstaff Arizona Light Pollut Code Page 2 of 13 since May .8.2000 CHANGE OF USE/INTENSITY: Except as provided in subsection C below, whenever the use of any existing building, structure, or premises is changed to Contact Us At: a new use, or the intensity of use is increased through the incorporation of additional dwelling units, gross floor area, seating capacity, or other units of Hu«juIq measurement specified herein, and which change of use or intensification of Astrefjoyfly Club use creates a need for an increase in the total number of parking spaces of Mailing Address: 2310 E. Suma Drive twenty-five (25) percent or more, either with a single change or cumulative Sierra Vista, AZ changes subsequent to the effective date of this provision, August 5,1999, then 85650 all outdoor lighting facilities shall meet the requirements o f this Division for the entire property, to the maximum extent possible as determined by the President: Planning Director. For changes of use or intensity which require an increase in Frank Zizza parking of less than twenty-five (25) percent cumulative, the applicant shall only have to meet the requirements o f this Division for any new outdoor Webmaster' lighting provided. Doug SnydBI (520)366-5788 C. NONCONFORMING USES, STRUCTURES OR LOTS: Whenever a nonconforming use, structure or lot is abandoned for a period of one hundred eighty (180) consecutive days and then changed to a new use according to the requirements o f Sections 10-10-005-0003 and 0004 0 f this Code, then any existing outdoor lighting shall be reviewed and brought into compliance as necessary for the entire building, structure or premises, to the maximum extent possible as determined by the Planning Director. 10-08-002-0003. APPROVED MATERIALS AND METHODS OF CONSTRUCTION OR INSTALLATION / OPERATION: A. Preferred Source - Low-pressure Sodium (LPS) lamps are the preferred illumination source throughout the city; their use is to be encouraged, when not required, for outdoor illumination whenever its use would not be detrimental to the use of the property. B. Uses that can turn o ff their outdoor lighting during night hours are to be encouraged in Astronomical Zone I (Section 10-08-002-0004); those which require all night illumination are to be discouraged. C. The provisions o f this Division are not intended to prevent the use o f any design, material or method of installation or operation not specifically prescribed herein, provided any such alternate has been approved by the Planning Director. The Planning Director may approve any such proposed alternate provided he/she finds that it: 1. Provides at least approximate equivalence to the applicable specific requirements o f this Division; and 2. is otherwise satis factory and complies with the intent o f this Division. 10-08-02-0004. ESTABLISHMENT OF ASTRONOMICAL ZONES: http://c3po.cochise.cc.az.us/astro/pollution06p.htm 11/24/2003 01919191711 Flagstaff Arizona Light Pollut Code Page 3 of 13 A. Three Astronomical Zones are hereby established: Zone I is in two parts centered at the observatories located on Anderson Mesa (Lowell Observatory) and west of Flagstaff (Naval Observatory); the outer boundary of Zone I is set at approximately two and one-half (2.5) miles from these observatories. Zone I extends from the outer boundary o f Zone I to approximately seven miles from the observatories. Zone III is all remaining property within the City limits. These Zones are shown in Illustration 10-08-002-0004, the Astronomical Zone Map, and by this reference made a part hereof. B. A parcel located in more than one of the described Zones shall be considered tc be only in the more restrictive Zone. 10-08-002-0005. GENERAL REQUIREMENTS, ALL ZONES: A. Outdoor floodlighting by flood light projection above the horizontal plane is prohibited. B. All light fixtures that are required to be shielded shall be installed in such a manner that the shielding is effective as described in Chapter 10-14, Definitions, for fully or partially shielded fixtures. C. Alllight fixtures, except street lights, shall be located, aimed or shielded so as to minimize stray light trespassing across property boundaries. D. The installation, sale, offering for sale lease or purchase of any mercury vapor light fixture or lamp for use as outdoor lighting is prohibited, except that until 1 January 1996, the provisions o f this Subsection shall not apply to any replacement bulb. E. Search lights, laser source lights, or any similar high-intensity light shall not be permitted, except ill emergencies by police and fire personnel or at their direction; or for meteorological data gathering purposes. F. Class 1 lighting may continue only until 9:00 pm or for as long as the area is in active use. See Table 10-08-002-0005 and Chapter 10-14, DEFINITIONS, for an explanation and use o f the different classes o f lighting. G. Any lamp type that has been determined to emit substantial non-visible radiation, as determined from manufacturer's specifications or photometric test. requires a filter that blocks this non-visible radiation. Examples of such lamps include, but are not limited to, Quartz-Halogen and fluorescent. For infrared security lighting, see Section 10-08-002-0010. http://c3po.cochise.ce.az.us/astro/pollution06p.htm 11/24/2003 Flagstaff Arizona Light Pollul Code Page 4 0 f 13 H. Illumination for outdoor recreation facilities must conform to the shielding requirements of Table 10-08-002-0005 below, except when such shielding would interfere with the intended activity. For such facilities, partially-shielded luminaires are permitted. Examples of activities where partially-shielded luminaires are permitted include, but are not limited to, baseball, softball, and football. Specifically, tennis, volleyball, raquetball and handball courts and swimming pools must utilize fully-shielded luminaires. Where fully-shielded luminaires are required, the light fixtures must also conform to the requirements of Subsection C above regarding light trespass. I. Multi-class lighting must either conform to the lamp-type and shielding requirements of the most strict class, as shown in Table 10-08-002-0005, or conform to the time limitations of the least strict class. J. External illumination for signs shall conform to the provisions of this Division. K. On projects where an engineer or architect is required, the developer shall verify in writing to the City that all outdoor lighting was installed in accordance with the approved plans. L. Outdoor Light Output, Total. The maximum total amount of light, measured in lumens, from all outdoor light fixtures. For lamp types that vary in their output as they age (such as high pressure sodium), the initial output, as defined by the manufacturer, is the value to be considered. For determining compliance with sections 10-08-002-0006A, -0007A and -0008A o f this Division, the light emitted from outdoor light fixtures is to be included in the total output as follows: 1. Outdoor light fixtures installed on poles (such as parking lot luminaires) and light fixtures installed on the sides o f buildings or other structures, when not shielded from above by the structure itself as defined in paragraphs 2 and 3 below, are to be included in the total outdoor light output by simply adding the lumen outputs o f the lamps used; 2. Outdoor light fixtures installed under canopies, building overhangs, or roof eaves where the center of the lamp or luminaire is located at least five (5) feet but less than ten (10) feet from the nearest edge of the canopy or overhang are to be included in the total outdoor light output as though they produced only one-quarter (1/4) of the lamp's rated lumen output; 3. Outdoor light fixtures located under the canopy and ten (10) or more feet from the nearest edge of a canopy, building overhang, or eave are to be included in the total outdoor light output as though they produced only one-tenth (1/10) of the lamp's rated lumen output. M. Service Station Canopy Lighting. In addition to the calculations for paragraph http://c3po.cochise.cc.az.us/astro/pollution06p.htm 11/24/2003 Flagstaff Arizona Light Pollu Code Page 5 0 f 13 L.2 and 3 above, the following requirements apply to service station canopies: 1. All luminaires mounted on the under surface o f service station canopies shall be fully shielded and utilize flat glass or flat plastic (acrylic or polycarbonate) covers. 2. The total light output used for illuminating service station canopies, defined as the sum o f all under-canopy initial bare-lamp outputs in lumens, shall not exceed forty (40) lumens per square foot o f canopy in Zones II and III, and shall not exceed twenty (20) lumens per square foot in Zone I. All lighting mounted under the canopy, including but not limited to luminaires mounted on the lower surface o f the canopy and auxiliary lighting within signage or panels over the pumps, is to be included toward the total. N. Neon lighting is permitted, so long as lumen calculations from such lighting arc included in the total lumen calculations for the site, required by this section. Lumens are calculated on a per foot basis, rather than per "fixture." Such lighting shall also be subject to the shielding requirements of this section, unless exempted by Table 10-08-002-0005. Table 10-08-002-0005 TABLE OF LAMP SOURCE AND SHIELDING STANDARDS LAMP TYPE ZONE I ZONE II ZONE III Class 1 lighting (Color Rendition): Low-pressure Sodium above 4,050 lumens F F F Others above 4,050 lumens X F F All types below 4,050 lumens F* F P Class 2 lighting (General Illumination) : Low-pressure Sodium above 4,050 lumens F F F Others above 4,050 lumens X x*** X*** All types below 4,050 lumens F*/** F** F** Class 3 Lighting (Decorative): Low-pressure Sodium above 4,050 lumens F Others above 4,050 lumens x All types below 4,050 lumens F* Use Code: A = Unshielded lights allowed; shielding not required but highly recommended. (Unshielded and/or partially shielded lights limited to a maximum of 5,500 lumens per net acre). F = Allowed, fully shielded P = Partially shielded lights allowed. (Partially and/or unshielded lights limited to a maximum of 5,500 lumens per net acre). X = Prohibited, except as noted. * Non-LPS lights in Zone I are limited to a maximum of 5,500 http://c3po.cochise.cc. az.us/astro/pollution06p.htm 11/24/2003 1 [14 114 < 1 /4 4 4 Flagstaff Arizona Light Pollut Code Page 6 0 f 13 lumens per net acre. ** Exception: lamps emitting no more than 4,720 lumens used for each single-family dwelling or duplex dwelling unit for residential outdoor lighting purposes are exempt from the shielding requirement. This is equivalen to four (4) 75-watt incandescent bulbs. Single-Family attached units (e.g. townhouses), and multi-family residential units are limited to 50% of this amount, or 2360 lumens of unshielded lights per unit. *** Non-LPS lights are permitted if outdoor light fixtures are full, shielded and located under and five (5) or more feet from the nearest edge of a canopy, building overhang, or eave. Examples of lamp types of 4050 lumens and below are (the acceptability of a particular light is decided by its lumen output, not wattage; check manufacturer's specifications): 1. 200 Watt Standard Incandescent 2. 150 Watt Tungsten-Halogen (quartz) 3. 50 Watt High Pressure Sodium 4. 50 Watt Cool White Fluorescent 5. 30 Watt Low Pressure Sodium 10-08-002-0006. SPECIAL REQUIREMENTS, ZONE I: A. Total outdoor light output (excluding streetlights used for illumination of publit rights-of-way) of any development project in Zone I shall not exceed 25,000 lumens per net acre, averaged over the entire project. Non-LPS lighting permitted in Table 10-08-002-0005 is limited to a total of 5,500 lumens per net acre, except that lamp(s) emitting no more than 4,720 lumens per single family dwelling unit or duplex dwelling unit for residential outdoor lighting purposes are exempt from the shielding requirements of Table 10-08-002-0005, though they must conform to all other applicable restrictions. Single-Family attached units (e.g. town-houses), and multi-family residential units are limited to 2360 lumens o f unshielded lights per unit. B. Outdoor recreational facilities are not subject to the lumens per net acre limit set in this Subsection. However, no such facility in Zone I shall be illuminated after 9:00 pm, except to conclude a scheduled recreational or sporting event in progress prior to 9:00 pm. C. Outdoor internally illuminated advertising signs shall be constructed with an opaque background and translucent letters and symbols. (Opaque means that the material must not transmit light from an internal illumination source.) Lamps used for internal illumination of such signs shall not be included in the lumens per net acre limit set in this Section. Such signs shall be turned off at 9:00 pm or when the business closes, whichever is later. D. http://c3po.cochise.ec.az.us/astro/pollution06p.htm 11/24/2003 Flagstaff Arizona Light Po 111 1 Code Page 7 0 f 13 Class 3 lighting must be extinguished at 9:00 pm or when the business closes, whichever is later, except that low-wattage holiday decorations may remain on all night from November 15 through January 15. 10-08-002-0007. SPECIAL REQUIREMENTS, ZONE II: A. Total outdoor light output (excluding streetlights used for illumination o f publi, rights-of-way) of any development project in Zone II shall not exceed 50,000 lumens per net acre, averaged over the entire project. Furthermore, no more than 5,500 lumens per net acre may be accounted for by lamps in unshielded or partially-shielded fixtures permitted in Table 10-08-002-0005, except that lamF (s) emitting no more than 4.720 lumens per single family dwelling unit or duplex dwelling unit for residential outdoor lighting purposes are exempt from the shielding requirements of Table 10-08-002-0005, though they must conform to all other applicable restrictions. Single-Family attached units (e.g. townhouses), and multi-family residential units are limited to 2360 lumens of unshielded lights per unit. B. Outdoor recreational facilities are not subject to the lumens per net acre limit set in Subsection 10-08-002-0007.A. However, no such facility in Zone II shall be illuminated after 11:00 pm, except to conclude a scheduled recreational or sporting event in progress prior to 11:00 pm. C. Outdoor internally ilIuminated advertising signs shall be constructed with an opaque background and translucent letters and symbols, or with a colored (not white, cream, off-white, or yellow) background and lighter letters and symbols. Lamps used for internal illumination of such signs shall not be included in the lumens per net acre limit set in this Section. Such signs shall be turned off at 11:00 pm or when the business closes, whichever is later. D. Class 3 lighting must be extinguished at 11:00 pm or when the business closes. whichever is later, except that low-wattage holiday decorations may remain on all night from November 15 to January 15. 10-08-002-0008. SPECIAL REQUIREMENTS, ZONE III: A. Total outdoor light output (excluding streetlights used for illumination o f pubm rights-o f-way) o f any development project in Zone III shall not exceed 100,000 lumens per net acre, averaged over the entire project. Furthermore, no more than 5,500 lumens per net acre may be accounted for by lamps in unshielded or partially-shielded fixtures permitted in Table 10-08-002-0005, except that lamF (s) emitting no more than 4,720 lumens per single family dwelling unit or duplex dwelling unit for residential outdoor lighting purposes are exempt from the shielding requirements of Table 10-08-002-0005, though they must conform to all other applicable restrictions. Single-Family attached units (e.g. townhouses), and multi-family residential units are limited to 2360 lumens of http://c3po.cochise.ce.az.us/astro/pollution06p.htm 11/24/2003 Plagstaff Arizona Light Pollut Jode Page 8 0 f 13 unshielded lights per unit. B. Outdoor recreational facilities are not subject to the lumens per net acre limit set in Subsection 10-08-002-0008.A. However, no such facility in Zone III shall be illuminated after 11:00 pm except to conclude a scheduled recreational or sporting event in progress prior to 11:00 pm. C. Outdoor internally illuminated advertising signs shall either be constructed witl an opaque background and translucent letters and symbols or with a colored (not white, cream, off-white or yellow) background and lighter letters and symbols. Lamps used for internal illumination of such signs shall not be included in the lumens per net acre limit set in the Subsection. Such signs shall be turned off at 11:00 pm or when the business closes, whichever is later. 10-08-002-0009. AIRPORT LIGHTING: Airport lighting which is required for the safe and efficient movement of aircraft during flight, takeo ff, landing, and taxiing is exempt from the provisions o f this Division. Lighting used for illumination of aircraft loading, unloading, and servicing areas is exempt from the lumens per acre limits of Subsections 10-08-002-0006.A, - 0007.A, -0008.A, although it must conform to all other requirements of this Division. All other outdoor lighting at airport facilities shall comply with the provisions of this Division. 10-08-002-0010. INFRARED SECURITY LIGHTING: Lights emitting infrared radiation used for remote security surveillance systems are exempt from the filtration requirements o f Subsection 10-08-002-0005.G. Such lighting is permitted in all zones with the following restrictions: A. Fixed lights must be fully-shielded. B. Moveable lights, such as spot lights attached to infrared-sensitive cameras, must be mounted such that the lights cannot be directed higher than twenty degrees below the horizontal, measured from the center o f the light beam. 10-08-002-0011. APPLICATION REQUIREMENTS: A. Whenever a person is required to obtain a building permit, electrical permit for outdoor lighting or signage, a Conditional Use Permit, subdivision approval, or development plan approval by the City, including all City projects, or wheneve a person requests annexation or rezoning, the applicant shall, as a part of said application, submit sufficient information to enable the Planning Director to determine whether the proposed lighting will comply with this Division. B. The application shall include the following: http://c3po.cochise.ce.az.us/astro/pollution06p.htm 11/24/2003 Flagstaff Arizona Light Pollu Code Page 9 of 13 1. a site plan indicating the proposed location o f all outdoor lighting fixtures and signs; 2. a description of each illuminating device, fixture, lamp, support and shield. This description may include, but is not limited to, manufacturer's catalog cuts and drawings (including sections where required), lamp types and lumen outputs; 3. photometric data, such as that furnished by manu facturers, or similar, showing the angle of cut-off o f light emissions for the proposed luminaire(s); 4. such other information as the Planning Director may determine is necessary to ensure compliance with this Division. C. I f the Planning Director determines that the proposed lighting does not comply with this Division, the permit shall not be issued or the plan approved. 10-08-002-0012. TEMPORARY LIGHTING PERMITS: A. The Planning Director may grant a permit for temporary lighting, as defined herein, i f he/she finds the following: 1. The purpose for which the lighting is proposed is not intended to extend beyond thirty (30) days; 2. The proposed lighting is designed in such a manner as to minimize light pollution and trespass as much as is feasible; 3. The proposed lighting will comply with the general intent of this Division; 4. The permit will be in the public interest. B. The application for the Temporary Lighting Permit shall include the following information: 1. Name and address of applicant and property owner; 2. Location of proposed fixtures; 3. Type, wattage and lumen output of lamp(s); 4. Type and shielding of proposed fixtures; 5. Intended use of the lighting; 6. Duration of time for requested exemption; 7. The nature o f the exemption; 8. Such other information as the Planning Director may request. C. The Planning Director shall endeavor to rule on the application within five (5) business days from the date o f submission o f the request and noti fy the applicant in writing o f his/her decision. The Planning Director may grant one (1) renewal of the permit for an additional thirty (30) days if he/she finds that, because o f an unanticipated change in circumstances. a renewal would be in th( public interest. The Planning Director is not authorized to grant more than one (1) temporary permit and one (1) renewal for a thirty (30) day period for the same property within one (1) calendar year. 10-08-003-0013. NONCONFORMING USES: A. http://c3po.cochise.ec.az.us/astro/pollution06p.htm 11/24/2003 Flagstaff Arizona Light Pollut Code , hi Page 10 of 13 i / Mercury vapor lamps in use for outdoor lighting in Zones I, II and III on the effective date o f this ordinance shall not be so used after 1 May 1996. B. Any construction permit which invokes Certificate of Occupancy requirements shall specify and require that any nonconforming sign, as to lighting, located within the boundaries o f the development site authorized by said permit shall be brought into conformance with the provisions o f this Division. C. No outdoor lighting fixture which was lawfully installed prior to the enactment o f this ordinance shall be required to be removed or modified except as expressly provided herein; however, no modification or replacement shall be made to a nonconforming fixture unless the fixture thereafter conforms to the provisions of this Division. D. In the event that any nonconforming sign, as to lighting, is abandoned or is damaged, and the damage exceeds fifty (50) percent of the reproduction value, exclusive of foundations, to replace it, the sign shall be brought into conformance with the provisions of this Division. 10-08-002-0014. VARIANCES: Any person desiring to install an outdoor lighting fixture in violation of this Division may apply to the Board of Adjustment for a variance from the regulation in question, as provided for in Chapter 10 of this Code, as amended. 10-08-002-0015. CONFLICTING REGULATIONS: In the event of conflict between the regulations set forth in this Division and any other regulations applicable to the same area, the more stringent limitation or requirement shall govern. 10-08-002-0016. VIOLATIONS AND ENFORCEMENT: It shall be unlaw ful to install or operate an outdoor light fixture in violation o f this Division. Any person violating any provisions o f this Division shall be guilty o f a misdemeanor. Each and every day during which the illegal erection, maintenance and use continues is a separate offense. 10-08-002-0017. SEVERABILITY: I f any of the provisions o f this Division or the application thereo f is held invalid, suct invalidity shall not affect other provisions or applications of the Division which can be given effect, and to this end, the provisions ofthis Division are declared to be severable. CHAPTER 10-14. DEFINITIONS: Abandonment. The discontinuation o f use for a period of six months. Acreage, Net. The remaining ground area after deleting all portions for proposed and http://c3po.cochise.cc.az.us/astro/pollution06p.htm 11/24/2003 Flagstaff Arizona Light Pollut Code Page 11 of 13 existing streets within a development or subdivision. Class 1 Lighting. All outdoor lighting used for, but not limited to, outdoor sales or eating areas, assembly or repair areas, advertising and other signs, recreational facilities and other similar applications where COLOR RENDITION IS IMPORTANT to preserve the effectiveness o f the activity. Class 2 Lighting. All outdoor lighting used for, but not limited to, illumination for walkways, roadways, equipment yards, parking lots and outdoor security where GENERAL ILLUMINATION for safety or security ofthe grounds is the primary concern. Class 3 Lighting. Any outdoor lighting used for DECORATIVE effects including, but not limited to, architectural illumination, flag and monument lighting, and illumination of trees, bushes, etc. Development Project. Any residential, commercial, industrial or mixed use subdivision plan or development plan which is submitted to the City for approval. Direct Illumination. Illumination resulting from light emitted directly from a lamp o luminaire, not light diffused through translucent signs or reflected from other surfaces such as the ground or building faces. Filtered Light. Light from a light source that is covered by a glass, aerylie or other cover that restricts the amount of non-visible radiation (infrared, ultraviolet) emitted by the luminaire (quartz glass does not meet this definition). Fully Shielded Fixture. An outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal as determined by photometric test or certified by the manufacturer. Installed Lighting. Attached, or fixed in place, whether or not connected to a power source. Lumen. The unit used to measure the actual amount of light which is produced by a lamp. Luminaire. The complete lighting assembly, less the support assembly. For purposes o f determining total light output from a luminaire, lighting assemblies which include multiple unshielded or partially shielded lamps on a single pole or standard shall be considered as a single unit. Multi-class Lighting. Any outdoor lighting used for more than one purpose, such as security and decoration, such that its use falls under the definition o f two or more classes as defined for Class 1, 2 and 3 Lighting. Opaque. Opaque means that material must not transmit light from an internal illumination source. http://c3po.cochise.cc.az.us/astro/pollution06p.htm 11/24/2003 Flagstaff Arizona Light Pollut Zode Page 12 0 f 13 Outdoor Light Fixtures. Outdoor electrically powered illuminating devices, outdoor lighting or reflective surfaces. lamps and similar devices, either permanently installed or portable, which are used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot and flood lights for: a. buildings and structures b. recreational areas C. parking lot lighting d. landscape and architectural lighting e. billboards and other signs (advertising or other) £ street lighting g. product display area lighting Outdoor Light Output, Total. The maximum total amount of light, measured in lumens, from all outdoor light fixtures. For lamp types that vary in their output as they age (such as high pressure sodium), the initial output, as defined by the manufacturer, is the value to be considered. For determining compliance with sections 10-08-002-0006A, -0007A and -0008A o f this Division, the light emitted from outdoor light fixtures is to be included in the total output as follows: 1. Outdoor light fixtures installed on poles (such as parking lot luminaires) and light fixtures installed on the sides o f buildings or other structures, when not shielded from above by the structure itself as defined in paragraphs 2 and 3 below, are to be included in the total outdoor light output by simply adding the lumen outputs o f the lamps used; 2. Outdoor light fixtures installed under canopies, building overhangs, or roof eaves where the center of the lamp or luminaire is located at least five (5) feet but less than ten (10) feet from the nearest edge of the canopy or overhang are to be included in the total outdoor light output as though they produced only one-quarter (1/4) o f the lamp's rated lumen output; 3. Outdoor light fixtures located under the canopy and ten (10) or more feet from the nearest edge of a canopy, building overhang, or eave are to be included in the total outdoor light output as though they produced only one-tenth (1/10) of the lamp's rated lumen output. Outdoor Recreation Facility means an area designed for active recreation, whether publicly or privately owned, including, but not limited to, baseball diamonds, soccer and football fields, golf courses, tennis courts and swimming pools. Partially Shielded Fixture. An outdoor light fixture shielded in such a manner that more than zero (0) but less than ten (10) percent of the light emitted directly from the lamp or indirectly from the fixture is projected at angles above the horizontal, as determined by photometric test or certified by the manufacturer. http://c3po.cochise.ce.az.us/astro/pollution06p.htm 11/24/2003 Plagstaff Arizona Light Pollu Code Page 13 0 f 13 Person. Any individual, lessee, firm, partnership, association, joint venture, corporation, or agent o f the aforementioned groups or the State o f Arizona or any agency or political subdivision thereof. Planning Director. The Director o f the Planning Division for the City of Flagstaff. Sign. Any medium, including its structure and component parts, which is used or intended for advertising purposes other than the painting on the surface o f a building. Sign, Indirectly Illuminated. Any sign the facing of which reflects light from a source intentionally directed upon it. Sign, Internally Illuminated. Any sign which has the source of light entirely enclosed within the sign and not directly visible to the eye. Temporary Lighting. Lighting which does not conform to the provisions of this ordinance and which will not be used for more than one thirty (30) day period within a calendar year, with one thirty (30) day extension. Temporary lighting is intended fo uses which by their nature are o f limited duration; e.g. holiday decorations, civic events, or construction projects. Use, Abandonment of. The relinquishment of a property, or the cessation of a use or activity by the owner or tenant for a period of six months, excluding temporary or short term interruptions for the purpose of remodelling, maintaining, or otherwise improving or rearranging a facility. A use shall be deemed abandoned when such use is suspended as evidenced by the cessation of activities or conditions which constitute the principle use o f the property. Watt. The unit used to measure the electrical power consumption o f a lamp. Huachuca Astronomy Club of Southeastern Arizona - Sierra Vista. Arizona http://c3po.cochise.cc.az.us/astro/pollution06p.htm 11/24/2003