HomeMy WebLinkAboutagenda.apz.20221101_2nd amendmentAGENDA
ASPEN PLANNING & ZONING
COMMISSION
November 1, 2022
4:30 PM, Sister Cities Meeting
Room
130 S Galena Street, Aspen
I.VIRTUAL MEETING INSTRUCTIONS
II.ROLL CALL
NOTICE: Due to technical difficulties, the today's meeting has been cancelled. Please
check back tomorrow for a rescheduled special meeting.
*** Amended Agenda as of October 31, 2022 12PM to include new agenda item VII.A. -
Rules for November 17, 2022 Appeals ***
Topic: Aspen Planning & Zoning Commission
Time: Nov 1, 2022 04:30 PM Mountain Time (US and Canada)
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III.COMMENTS
IV.MINUTES
V.DECLARATION OF CONFLICT OF INTEREST
VI.PUBLIC HEARINGS
VII.OTHER BUSINESS
VII.A Resolution # 14, Series of 2022 – Rules For November 17th Appeals
VII.B Code Update - Outdoor Lighting - Presentation and Discussion
VIII.ADJOURN
None
None
Resolution #14 - Rules for Appeal.docx
Staff Memo_PZ_11_1_22.pdf
Exhibit A_Draft Lighting Code_11_1_22.pdf
TYPICAL PROCEEDING FORMAT FOR ALL PUBLIC HEARINGS
1) Conflicts of Interest (handled at beginning of agenda) 2) Provide proof of legal notice
(affidavit of notice for PH) 3) Staff presentation 4) Board questions and clarifications of
staff 5) Applicant presentation 6) Board questions and clarifications of applicant 7) Public
comments 8) Board questions and clarifications relating to public comments 9) Close
public comment portion of bearing 10) Staff rebuttal/clarification of evidence presented by
applicant and public comment 11) Applicant rebuttal/clarification End of fact finding.
Deliberation by the commission commences. No further interaction between commission
and staff, applicant or public 12) Chairperson identified the issues to be discussed among
commissioners. 13) Discussion between commissioners* 14) Motion* *Make sure the
discussion and motion includes what criteria are met or not met Revised January 9, 2021
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CITY OF ASPEN, COLORADO
PLANNING AND ZONING COMMISSION
RESOLUTION # 14
(Series of 2022)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
ASPEN, COLORADO, SETTING THE DATE OF MEETING FOR THE CONSIDERATION
OF APPEALS FROM THE DENIAL OF CERTAIN DEVELOPMENT ALLOTMENT
PERMITS BY THE COMMUNITY DEVELOPMENT DIRECTOR AND ADOPTING
PROCEDURES FOR CONSIDERATION OF APPEALS
WHEREAS, pursuant to Chapter 26.316 of the Aspen Municipal Code, five applicants
have timely filed an appeal of the Planning and Zoning Commission denying their application for
demolition allotment permits at the following properties:
1) North Half of Lots K, L, & M, Block 33, East Aspen Addition, also known as 212
Cleveland Avenue, Aspen Colorado 81611;
2)Lot 1, Barbee Family Subdivision/PUD, also known as 701 Garmisch Street, Aspen,
Colorado 81611;
3)Lot 1 Ferguson Exemption Plat, also known as 108 Midland Avenue, Aspen,
Colorado 81611;
4)Block 3, Lot 12, Aspen Grove Subdivision, also known as 782 McSkimming Road,
Aspen, Colorado 81611;
5)Parcel A, Lot 25, Filing 1 of the West Aspen Subdivision, also known as 825 Bonita
Drive, Aspen, Colorado 81611; and
WHEREAS, pursuant to Chapter 26.316 of the Aspen Municipal Code, the appeal is heard
by the Planning and Zoning Commission and is reviewed on the record established by the decision-
making body from which the appeal is taken, which in these cases was the Community
Development Director; and
WHEREAS, the Planning and Zoning Commission has determined that it is in the best
interest of the City and the parties involved to hear the appeal at a special meeting and to formally
set forth specific procedures for conducting these appeals.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO,
Section 1.
Pursuant to Section 26.212.060 of the Aspen Municipal Code, the Planning and Zoning
Commission hereby directs the City Clerk to call and properly notice a Special Meeting of the
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Commission to be held on Thursday, November 17, 2022, commencing at 4:30 p.m., for the
purpose of hearing the aforementioned appeals.
Section 2.
Pursuant to Section 26.316.030 of the Aspen Municipal Code, the Commission hereby adopts the
following procedures for the conduct of these appeals:
PRELIMINARY PROCEDURES:
1. The record shall be made available to the applicant and the public no later than
close of business on November 4, 2022.
2. The applicant may file a request to supplement the record with any additional
document or records considered by the Community Development Department in
making its determination on or before 5:00 p.m. on November 8, 2022.
3. Written Legal Arguments shall be allowed pursuant to the following procedures:
(a) Schedule for submission:
All legal arguments shall be submitted to the Office of the City Clerk on
or before November 10, 2022 at 3:00 p.m. Such written arguments can be
sent to the Clerk at Cindy Klob at cindy.klob@aspen.gov or delivered in
person or by mail to the City Clerk, 427 Rio Grande Place, Aspen, CO
81611, no later than the date and time specified herein.
(b) Who may submit:
Applicant may submit a written argument in support of its appeal.
The Community Development Director may submit a written argument in
support of its decision.
Any other interested party may submit a written argument in support of or
in opposition to the application.
(c) Requirements of written submissions:
Page Limits:
Applicant: 10 pages, double spaced, 12 pt. font,
1” margins.
Community Development: 10 pages, double spaced, 12 pt. font,
1” margins.
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All other parties: 7 pages, double spaced, 12 pt. font, including
exhibits.
(d) Content:
Anyone submitting a brief should confine their arguments to the facts
in the record before the Community Development Director. No
additional evidence shall be submitted or considered by Commission.
The record will be paginated so that references to the facts should
contain a reference to the page in the record where the facts were
presented.
The Planning and Zoning Commission will not consider comments submitted directly to
commissioners by email. All written arguments must be submitted to the Clerk’s Office no
later than Thursday, November 10, 2022, at 3:00 p.m.
CONDUCT OF HEARING:
1.The Applicant and Community Development will be given 5 minutes each
to present oral legal argument.
2.The meeting will be virtual and open to the public. Virtual meeting
instructions will be posted in advance of the meeting on the City’s website
and in the meeting agenda. However, no public comment shall be taken.
3.Any party who has submitted a written argument in support of a position
may wish to be available to answer appropriate questions from
Commission.
4.The Commission shall review the record and deliberate based on the record
and legal positions presented.
APPROVED by the Commission at its meeting on November 1, 2022.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
___________________________________________________________
Katharine Johnson, Assistant City Attorney Teraissa McGovern, Chair
ATTEST:
____________________________
Cindy Klob, Records Manager
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Staff Memo – P&Z Discussion
Lighting Code Update
November 1, 2022
Page 1 of 3
MEMORANDUM
TO: City of Aspen Planning and Zoning Commission
FROM: Ben Anderson, Deputy Director, Community Development
Haley Hart, Long-Range Planner
Sophie Varga, Zoning Enforcement Officer
MEMO DATE: October 27, 2022
MEETING DATE: November 1, 2022
RE: Presentation and Discussion of Proposed Amendments to the Land
Use Code – Lighting Requirements
REQUEST OF THE PLANNING AND ZONING COMMISSION:
The Commission is asked to review the 50% Draft of a proposed code change (Exhibit A), think
about your own experiences and perceptions of exterior lighting in Aspen, and come prepared to
the meeting with questions or comments. The purpose of the discussion at the meeting will be to
introduce P&Z to some of the difficulties that are present in the current code, present the basic
approach and thinking behind the potential code update, and respond to Commission comments
and questions. P&Z’s feedback will help staff and the consultant give direction to the draft as it
progresses. At this time, staff is not asking for a formal recommendation.
BACKGROUND AND SUMMARY:
Section 26.575.150 of the Land Use Code (LUC) defines the regulations related to outdoor lighting
on private or public property within the City of Aspen. It is important to note that these rules do
not apply to any lighting in the right-of-way, most importantly to Aspen’s system of streetlights.
This section of the LUC was last updated in 2003, and because of the significant changes in
lighting technology since this time, the standards are thoroughly out of date and do not address
new lighting technologies or respond effectively to new trends and best practices in current lighting
design.
Specific Issues with the current code:
1. The current code is fully prescriptive – meaning that it focuses on specific types of
lighting that is allowed or disallowed with little consideration of performance, or the
quality of light that is generated on a particular property. Performance-based codes
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Staff Memo – P&Z Discussion
Lighting Code Update
November 1, 2022
Page 2 of 3
look more holistically at how the building performs to a particular standard which is
inclusive of energy usage and total lighting output.
2. The focus on prescriptive requirements is particularly problematic when the lighting
types that are regulated by the code are no longer the product used in most
applications – most notably LED lighting. This makes it extremely difficult for lighting
designers to design in conformance with our code and for the City’s zoning officers
to evaluate development proposals. Additionally, it creates uncertainty for property
owners when making decisions about replacement fixtures when updating or
retrofitting existing lighting.
3. The current code mostly creates a single set of standards for lighting across different
land use types and areas of town. For example, most of the lighting standards are
the same for both residential and commercial uses. Additionally, there is little
differentiation in the lighting rules between the center of town and areas that are on
the outskirts and more remote.
4. The current code mostly applies the same standards to public property as it does to
private property and does not recognize possible differences. Example: a city park
may need additional pathway lighting or security lighting that is not needed in the
same way on a private residence yet is technically prohibited by current code.
5. The current code does not address light trespass impacts from light generated from
inside of a building. This should be inclusive of both the commercial core as well as
residential units and parcels.
6. While the intent statement of the current code identifies the importance of dark skies
and the value of small-town character, there are many aspects of the code that do
not utilize current best practices in promoting these values through lighting quality.
Community Development has retained the services of Clanton and Associates, a Boulder-based
lighting design, engineering, and consulting firm to assist staff in the drafting of the proposed code
change. Clanton works in communities across the country in lighting design and similarly has
broad expertise in drafting regulatory documents for local jurisdictions. Importantly, they are also
currently working with Pitkin County on the update to their lighting code.
PRIMARY POLICY PROPOSALS:
The 50% Draft included as Exhibit A is exactly what the title implies – a draft that staff and the
consultant believe is about half of the way there in terms of what will eventually be in front of
Council (and P&Z and HPC) for consideration. The working draft is a developing document that
combines both the best practices in lighting code adoption that are being pursued across the
country and important recognition of unique aspects of the Aspen context.
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Staff Memo – P&Z Discussion
Lighting Code Update
November 1, 2022
Page 3 of 3
A couple of Aspen-specific examples of issues that staff and the consultant team are responding
to:
• The prevalence of “holiday lighting” that some property owners desire to have on
throughout the year. While the lighting does present, for some, a festive
atmosphere, for others, this type of lighting precludes their enjoyment of the night
sky and negatively impacts neighborhood characteristics. Additionally, stranded
lighting in trees that remains up permanently can have very negative effects on tree
health. Clanton and Associates has also demonstrated how lighting year-round can
have negative impacts to the migration of wildlife which is a distinct feature to our
city.
• Aspen is mostly built out. We are not regularly seeing new residential subdivisions
or entirely new commercial developments. Many communities are moving to a fully
“performance” based code as a reflection of best practices in the industry. Because
remodel and renovation activity are dominant in our development context, the
proposed code will also provide clear “prescriptive” direction so that retrofitting and
updating existing lighting is more concrete and understandable.
Increasingly, communities are pursuing certification as an International Dark Sky Community from
the International Dark Sky Association. While Aspen clearly values dark skies, staff is not
proposing a formal pursuit of this certification. However, many of the frameworks and
performance requirements in the draft are consistent with the expectations of the certification
process and will have a marked impact on the preservation of the night sky.
CONCLUSION AND NEXT STEPS:
Over the next few months, staff and the consultant will continue to refine the draft code, will work
with local, technical experts in the design community, and will pursue a code amendment in the
first quarter of 2023. It is staff’s intention to have an ordinance for Council consideration in
February or March of 2023. P&Z and HPC will be asked to provide formal recommendation as
part of the code adoption process.
RECOMMENDATIONS: None, at this time.
EXHIBITS:
A – 50% Draft – Proposed Lighting Code – 26.575.150
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Page 1 of 13
Sec. 26-575-150. Outdoor Lighting Standards
26-575-150.10 Definitions
A) Definitions (… or can also located in the General Zoning Code Definitions). When terms defined in this
section are in the ordinance text, they will be shown in bold.
1. BUG (Backlight, Uplight, Glare) Ratings: The IES TM-15 luminaire classification system
describing the amount and location of light being emitted from a luminaire.
2. Color Rendering Index (CRI): A quantitative measure, on a scale of 0 to 100, of artificial light’s
ability to render an object’s natural color, with 100 being a good match for natural light.
3. Continuous Lighting: A street lighting system made up of regularly spaced luminaires along
the street. Criteria typically defines minimum and maximum illuminance values and overall
uniformity along the lighted area.
4. Correlated Color Temperature (CCT): Measured in degrees Kelvin (K). A specification for the
color appearance of the light emitted by a lamp.
5. Diffusion: The scattering of light by reflection or transmission when light strikes an irregular
surface, such as a frosted lens.
6. Efficacy: Measured in lumens per watt (lm/w), luminous efficacy is a measure of how well a
light source produces visible light for the amount of energy consumed.
7. Façade: The square footage of a structure’s vertical and horizontal dimensions as viewed in
the elevation view. Also referred to as the “vertical surface area”.
8. Façade Variation: Shifts in the plane of walls, setbacks, reveals, overhangs, in order to create
variations within a building’s façade.
9. 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.
10. Footcandles: A unit of illumination equal to one (1) lumen per square foot.
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11. Fully shielded: 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. Examples of fully shielded light fixtures:
12. Glare: The visual sensation created by luminance (or brightness) that is significantly higher
than the surrounding luminance that the eyes are adapted to, causing annoyance,
discomfort, or loss in visual performance and visibility (disability glare).
13. 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
14. Illuminance: Measured in Footcandle (Fc). The density of light falling onto a surface.
Commonly measured in the horizontal and vertical planes.
15. Light Pollution: Stray and uncontrolled light, directly from a luminaire or reflected from a
surface, that missed its target. Light emitted upward increasing skyglow is a popular
example.
16. Light Trespass: Measurable light extending beyond the boundary of its intended use without
permission.
17. Lumen: The measure of visible light (luminous flux) emitted from a light source.
18. Luminaire: A complete electric light unit including light source, housing, optics, and driver.
19. Non-Continuous Lighting: A non-continuous street lighting system, lighting only conflict areas
such as intersections, crosswalks, and other hazards.
20. Non-Shielded Luminaires: Light fixtures that allow too many light rays to emit upwards,
backwards, or forward in a way that can cause glareExamples of non-shielded light fixtures:
21. Point light source: The exact place from which illumination is produced (e.g. a light bulb
filament or LED package) even when behind a clear lens.
22. Spectrum: A range of electromagnetic radiation that includes visible wavelengths between
380 and 700 nanometers (Violet to Red). Research indicates wavelengths between 460 and
480nm can be harmful to humans at night if the dosage is too high for too long.
23. Watt (W): A unit of power.
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Page 3 of 13
26-575-150.020 Preamble
A) Background: As the global population continues to grow, a larger percentage of people are living in
urban environments, forcing leading to their expansion and development. In 2007, the global urban
population exceeded the global rural population for the first time in history. Nowhere is this more
apparent thanThis trend is clearly seen in North America, where 82% of people live in urban areas.
One problem associated with population growth and urban sprawl is the associated use of artificial
light at night (ALAN), which first became an issue in the 1970’s when astronomers identified a
degradation of the night sky. A continued increase in the quantity of high angle and uncontrolled
reflected light has diminished our dark sky. For most of the U.S. population, a clear view of the stars
is no longer possible. Zenith Sky Glow measurements have since confirmed a global trend where
humanity loses about 2% of the dark sky each year.
Additionally, we now know that harm from excessive, poorly designed, or poorly installed lighting at
night can go beyond skyglow, wasted energy, and unsafe or unpleasant conditions. Irresponsible
light at night can also be harmful to the ecological health of flora, fauna, and humans. With ongoing
expansion and development (a busy ski resort season and redeveloping neighborhoods), the City of
Aspen is not excluded from this conundrum and pitfall.
B) Purpose: As a global citizen, the City of Aspen believes in the ancestral right for residents to access
dark skies and be free from irresponsible lighting distractions at night. When the need for darkness
conflicts with people’s need for light, the City of Aspen believes good lighting design can find a
workable balance between safety, aesthetics, human health, and the ecological / environmental
impacts.
The City of Aspen understands some exterior lighting is appropriate and necessary for the safety of
people at night. What to light, why, and when, will be a cornerstone of this lighting ordinance.
Because the effects of light pollution can persist as far as 200 kilometers (120 miles) from the source,
local control and regional coordination is encouraged for dark sky preservation and ecological
protection. The following principles for responsible lighting design will guide our recommendations:
1. Useful – All lighting at night should have an intended purpose
2. Targeted – Light should be directed only where it is needed
3. Low Light Levels – Light should be no brighter than necessary for the task
4. Controlled – Lighting should only be used when it is useful
5. Spectrum – Limit the amount of harmful short wavelengths (blue-violet)
C) Goals: In addition to the forementioned principles for responsible lighting design, the following goals
are intended to guide Aspen decision makers regarding artificial exterior light at night:
1. Use ANSI/IES exterior illuminance recommendations to reduce pedestrian accidents and
promote the health, safety, and welfare of people;
2. Reduce obtrusive and glaring light that inhibit human vision and detract from enjoyment;
3. Curtail light pollution, reduce sky glow metrics (Zenith and Bortle), improve the nighttime
environment for residents, visitors, and astronomer enthusiasts;
4. Prevent inappropriate and poorly designed or installed outdoor lighting;
5. Protect local and migrating ecological systems from the adverse effects of artificial light.
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26-575-150.030 Lighting Zone Planning, Cross-Reference, and Establishment
A) Background: Introduced in the late 1990’s, Lighting Zones are a municipal planning tool to help
reduce light levels, light pollution, wasted energy, and neighborly conflicts arising from excessive or
poor use of light at night. Lighting Zones can achieve these goals because they leverage the
adaptation of human vision in low light levels, enabling lighting solutions based on ambient
conditions rather than brightly lit adjacent properties.
Knowing what to light, or not light, is an important consideration for the nighttime environment.
Having a hierarchy of planned lighting can add context and visual order, improve coherency and
understanding of one’s surroundings, and ultimately give a pedestrian the confidence to engage with
outdoor space at night. Avoiding visual distractions and glare are also key considerations for
improving nighttime vision of residents, pedestrians, and motorists. This ordinance will leverage the
following guidance from the American National Standards Institute (ANSI), the Illuminating
Engineering Society (IES), and the International Dark Sky Association (IDA):
1. ANSI/IES LP-2 Designing Quality Light for Exterior Environments
2. ANSI/IES RP-43-22 Lighting Exterior Applications
3. ANSI/IES LP-11-20 Environmental Conditions for Outdoor Lighting
4. Model Lighting Ordinance, 2011
B) Definitions: Officially defined within ANSI/IES LP-11-20 Environmental Conditions for Outdoor
Lighting, Lighting zones are briefly defined here:
1. LZ0 - No Ambient Light (wilderness, protected parks, preserves)
2. LZ1 – Low Ambient Light (rural, residential, developed park areas)
3. LZ2 – Moderate Ambient Light (office, commercial, mixed use, schools, light industrial)
4. LZ3 – Moderately High Ambient Light (central business, play fields, heavy industrial)
5. LZ4 – High Ambient Light (Times Square and Las Vegas)
C) Purpose: Lighting zones designations have been adopted by, and are referenced in, major building,
energy, and outdoor lighting code standards. They allow for illuminance recommendations regarding
what to light and at what intensity based on the expected activities. Assigning these designations
within Aspen is essential to reference and use ANSI/IES recommendations for exterior lighting.
D) Goals: Lighting zone designations should not be based on existing conditions, but rather the type of
environment the municipality seeks to achieve. Unless otherwise mentioned, the City of Aspen will
have no Lighting Zone 4 applications.
E) Designations: Lighting zones are most effective when they coordinate with, and overlay on, land use
zones and their associated tasks. Here is a link to where the land use zone map for the City of Aspen
can be accessed, https://www.aspen.gov/194/Planning-Zoninghttps://blah blah blah. Lighting zone
designations will cross reference to the land use codes as follows:
1. Lighting Zone 0 (LZ0): type type type
2. Lighting Zone 1 (LZ1): type type type
3. Lighting Zone 2 (LZ2): type type type
4. Lighting Zone 3 (LZ3): Only available for Temporary or Permit Categories
5. Lighting Zone 4 (LZ4): Not applicable in Aspen
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26-575-150.040 Applicability and Submittal Process
A) Applicability: The lighting requirements of this ordinance shall be applicable to all exterior lighting on
private property within the City of Aspen. Existing outdoor lighting that does not meet the provisions
of this ordinance shall be considered legal nonconforming for ten (10) years from the adoption date
of this ordinance. After ten (10) years, or unless otherwise specified within this ordinance, all
outdoor lighting fixtures that do not conform to the requirements of this ordinance must be replaced
or retrofitted to meet compliance. Violations shall be corrected within ninety (90) days of being
cited.
A)1. Street and Roadway: Lighting installed within the public right-of-way, or easement, for the
benefit of public safety, such as emergency, traffic control, and streetlights, is addressed
within a separate ordinance. Lighting installed within the public right-of-way with a purpose
of illuminating outside the public right-of-way is not exempt.
B) Routine Maintenance and one-for-one replacement: In the event an outdoor light fixture is not
working or damaged, the repair/replacement shall conform with the requirements of this ordinance.
Section 40 contains general guidance regarding lighting specifications that should be used.
C) Renovations and Modifications: Renovations and modifications affecting twenty-five percent (25%)
or more of an existing property (e.g. square footage, occupant capacity, parking spaces) shall cause
the entire property to meet the requirements of this ordinance. Any re-zoning or change of use shall
also constitute meeting the requirements of this ordinance. At a minimum, the outdoor lighting plan
must be submitted using the simple prescriptive spreadsheet method described below:
1. “Prescriptive Method”: Commonly used for administrative simplicity, a small project may be
charted using a spreadsheet containing identification for each luminaire type, quantity,
lumen output, BUG rating for luminaires, the total expected site lumens, and then a
calculated total site lumens compared to the total site lumen allowance listed in section 60
(residential) or 70 (non-residential).
a. A sub-category analysis is also required for the total lumens coming from partially
shielded light (e.g. tree, landscape, sculpture, and some wall or façade light) allowed in
table xx (residential) or table xy (non-residential), which can’t exceed 20% of the
allowable lumens.
b. Supporting data sheets for exact luminaires (model numbers), distribution plots, BUG
ratings, luminaire locations, mounting heights, and aiming directions. (could be
removed?)
D) New Development: All new development shall meet the requirements of this ordinance. Whenever
new development for a building, subdivision, site plan, or outdoor lighting permit is applied for, an
outdoor lighting plan shall be submitted in conjunction with the application. The outdoor lighting
plan must use either the “Prescriptive Method” described in section 40B, or use the “Performance
Method” describes below.
1. “Performance Method”: Commonly used for larger and more complex projects, an outdoor
lighting design can be analyzed using industry standard lighting software. This outdoor
lighting plan shall include:
a. Luminaire locations, mounting heights, aiming directions, IES photometric data,
buildings, and other physical objects within the site.
b. The average illuminance (in footcandles or lux) for any one task should not exceed
ANSI/IES standards for the applicable lighting zone, including but not limited to:
• Façade, building entrance, porte cochere, softscape, perimeter barriers
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• Walking paths adjacent to architecture, hardscape, exits, landscape, waterfront,
stairs, and ramps.
• Patios, outdoor dining, decks, terraces, pools, and pool decks.
c. The analysis shall utilize an enclosure comprised of calculation planes with zero
reflectance values around the perimeter of the site including a top plane no less than 33
feet (10 meters) above the tallest luminaire. The illuminance on the calculation planes
must not exceed the limits of light trespass defined within this ordinance.
2. A compliance statement must verify the outdoor lighting plan meets IES Standards and the
requirements of the ordinance.
E) Review: Site lighting plans shall be subject to review and approval by …….. Site 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.
1. Comparable examples already in the community that demonstrate technique, specification
and/or light level should be provided if available to expedite the review process.
F) Appeals: Any appeals related to decisions regarding outdoor lighting shall be made to the City
Administrator using the procedure set forth in article 16-2-70.
26-575-150.050 Requirements for All Outdoor Lighting
A) Conformance: All outdoor lighting shall meet the requirements of this ordinance, applicable electrical
and energy codes, and applicable sections of building code.
B) Responsible Design Criteria:
1. CCT: In an effort to minimize potentially disruptive and/or harmful spectrum at night, the
City of Aspen will establish a standard Correlated Color Temperature (CCT) of 2700K up to a
maximum of 3000K. A CCT of 2200K is allowed provided the Color Rendering Index (CRI) is
greater than 65.
2. Uplight: Unless otherwise allowed, all light sources shall be fully shielded and possess a U0
rating (IES TM-15) for zero uplight. Meaning, luminaires must be constructed in such a
manner that all light emitted by the luminaire, either directly from the light source or
diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is
projected below the horizontal.
3. Light Trespass: All light sources shall be a maximum G2 rating (IES TM-15), and located such
that the point light source shall not be visible from adjacent property or streets. Additionally,
unless permitted to do so, the maximum illumination at the property line (measured at grade
with the light meter aiming upward) shall not exceed the requirements listed below. These
requirements will likely require mounting locations 2.5 times luminaire height away from
property lines with addition distance or shielding required for lighting installed along
ridgelines or hillsides.
Property Line Light Trespass
Illuminance Limits
LZ0 LZ1 LZ2 LZ3
Footcandles (fc) 0.05 0.1 0.3 0.8
Lux (lx) 0.5 1 3 8
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a. Illuminance trespass limits are for a single property. Measured values will be the sum of
multiple illuminated properties when the property line is shared.
b. The property line can be considered five (5) feet beyond actual when bordering with
public walkways, bikeways, plazas, and parking lots.
4. Poles:
a. Pole/Post mounted lighting taller than 36 inches is prohibited within residential zones
except Multi-Family parking and common areas where the maximum height is 12ft.
b. Pole lighting for non-residential parking lots is limited to 20ft tall if adjacent to
residential property, and 25ft tall thereafter.
5. Curfew: Based on human activity, outdoor lighting curfew in the City of Aspen will be
established as 11pm until 6am unless otherwise specified. All outdoor lighting shall be turned
off between 11:00 p.m. and 6:00 a.m. except for the following:
a. Street, Roadway, and other Department of Transportation lighting.
b. Code required lighting for public steps, stairs, walkways, and building entrances.
c. Other special use or permitted exceptions listed within this ordinance such as flag,
seasonal, sports fields, and businesses which operate during these hours; such lighting
may remain illuminated only while the establishment is actually open for business.
C) Prohibitions: The following types of exterior lighting sources, fixtures and installations shall be
prohibited in the City of Aspen.
1. Banned in 2008 for poor energy efficiency and World Health Organization (WHO) warnings
against mercury toxicity, mercury vapor lighting shall be prohibited.
2. Inefficient light sources (efficacy less than 45 lm/w) shall be prohibited for outdoor use.
3. Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity and changing
color lights shall be prohibited.
4. Unshielded floodlights are prohibited, and shielded floodlights are limited not to exceed
1,260 lumens.
5. Kate to add why. Lighting directed towards the Roaring Fork River, or any other waterway is
prohibited as the lighting of natural waters at night can damage freshwater ecosystems and
reduce biodiversity. .
6. 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.
7. Aerial lasers, beacons, and / or searchlights are prohibited except for emergency use.
D) Exemptions: The following types of lighting installations shall be exempt from the requirements
within this ordinance.
1. Lawful: Lighting required by federal, state, county, township, municipal, or other territorial
laws or regulations that conflict with this ordinance will supersede and be exempt.
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2. Airport: Lighting associated with the air-side facilities at the Airport (runway, taxiway, deice
pad, aircraft parking areas and other facilities located inside the security fence) is regulated
by the Federal Aviation Administration (FAA) for safety and shall be exempt from the
requirements of this ordinance. All other exterior lighting at the Airport (e.g. entrances,
parking, drop-off, and pick-up) shall follow the appropriate lighting zone guidelines within
non-residential tasks.
3.2. Flags: When possible, lower and remove flags from sunset to sunrise so illumination is not
needed. For flags displayed at night, nighttime illumination of the United States of America
flag and the Colorado State flag is allowed. Nighttime illumination of other flags is not
allowed. Guidelines are:
a. For an even distribution of light on the flag surface when fully extended, use either top
of pole downward directed light, a maximum of three (3) in-ground uplights, or three (3)
shielded spotlights that are surface mounted at grade. Surface mounted lights should
rotate and tilt so they can be aimed to hit the flag.
b. In-ground and surface mounted shielded spotlights should be narrow beam (15 degree
maximum), no more than 100 lumens per foot of height (e.g. 2500 lumens per light for a
25 ft tall flag), with point sources of light not be visible outside of a 15-foot radius.
4.3. Street and Roadway: Lighting installed within the public right-of-way, or easement, for the
benefit of public safety, such as emergency, traffic control, and streetlights, is addressed
within a separate ordinance. Lighting installed within the public right-of-way with a purpose
of illuminating outside the public right-of-way is not exempt.
5.4. Signage: The lighting of sSignage is addressed within chapter xx-xx26.510 of the City of
Aspen's Code of Ordinances Code.
6.5. Other: If a proposed lighting plan or fixtures are proposed that do not meet this ordinance,
but that have demonstrable community benefit, an exemption may be considered. The
applicant shall submit additional information to adequately assess the community benefit for
approval by the Community Development Director.
26-575-150.060 Residential Lighting
A) Light Output: The upper lumen limits listed below should not be the design goal. The design goal
should be to use the minimum light levels that meet the requirements of the task. The total
allowable site lumens (initial) for a residential property is limited to:
Total Site Lumens Allowed
Residential
Property Size LZ1 LZ2
Single Family; 1 acre+ (43,560sf+) 12,000 n/a
Multi-Family; Per 1 acre (43,560sf) 12,000 20,000
Single Family; 3/4 acre (32,670sf) 9,000 n/a
Single Family; 1/2 acre (21,780sf) 6,000 n/a
Single Family; 1/5 acre (8,812sf) 3,000 5,000
Mobile Home; (5,500sf) 2,000 4,000
Single Family; 1/10 acre (4,356sf) 2,000 4,000
Single Family; 1/20 acre (2,178sf) 1,500 3,000
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1. An additional 3,000 lumens for each Guest Houses and Accessory Dwelling Units (ADU) is
allowed on properties larger than (2) acres.
2. An additional 300 lumens per parking lot space is allowed for Multi-Family developments.
B) Light for Orientation and Reassurance: When boundary and peripheral illumination are absent, and
the spatial perimeter is visually uncertain, threat detection and confidence may be compromised.
Vertical illuminance plays a critical role in addressing this need. Partially shielded luminaires for the
following applications are allowed for this purpose if the light distribution is effectively contained by
the targeted element (e.g. façade, sculpture, shrub), and if the total amount of partially shielded light
does not exceed 20% of the total site lumen allowance or individual luminaire limits listed below.
Individual Luminaire Limits (Vertical Illuminance)
Luminaire Type LZ0 LZ1 LZ2 LZ3
Low Voltage Landscape n/a 205 430 525
Shielded In-grade Uplight n/a 455 910 1,820
Partially Shielded Flood n/a 630 1,260 2100
Fully Shielded U0 Down n/a 630 1,260 2,100
1. Façade Lighting: For many people, residential façade lighting represents prestige, symbolism,
and recognition. Keeping true to the principles of responsible lighting design, the only
acceptable purpose for residential façade lighting is to help people orient, gain understanding
of surroundings, and give feelings of confidence upon arrival.
a. Façade lighting on multi-family and mixed use property is prohibited above residential
floors to prevent unwanted light.
b. Interior light escaping through windows is also seen vertically from the exterior
perspective. To the greatest extent possible, interior light should be turned off when
not in use and window blinds should be utilized to reduce light pollution and trespass.
No point light source should be visible during hours of curfew.
2. Art, Monuments, and Fountain Features: Keeping true to the principles of responsible
lighting design, the only acceptable purpose for lighting these applications in a residential
application is to help people gain understanding of their surroundings to avoid conflict upon
arrival. Art, monuments, and fountains may be illuminated if they are adjacent (i.e. within 10
feet) to the residential structure.
3. Trees, Gardens, and Landscape Lighting: Designed into the built environment for their
beauty, reflected light from softscape can be used to gain understanding of the exterior
environment. However, artificial lighting at night will disturb the health of living plants, so
curfew and site limits on lumen allowance do apply. Additional guidelines are:
a. Tree and landscape lighting is only allowed within 25 ft. of a residence or drive entrance.
b. Tree and landscape lighting must be turned off during hours of curfew. For this reason,
solar powered landscape lights are not recommended.
4. Walls, Fences, and Perimeter Barriers: Reassurance is not fostered if egress is not obvious or
often enough when becoming informed of a possible threat. Vertical lighting can actually
help this situation because the movement of silhouette and shadow are easily detectable.
a. Perimeter fence lighting is prohibited within single, two, tri, quad, or manufactured
housing properties zoned for residential use.
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b. Illumination of walls and underneath built in shorter than five feet to help reassurance
and egress is allowed within high density and mixed use residential common areas
provided they are washed with approved façade or landscape lighting techniques and
meet the other requirements of this ordinance.
C) Light for Wayfinding, Pathways, and Stairs: Terrain hazards happen when there are changes in
surface or grade. Stairways, curbs, raised pavement, potholes, and slippery surfaces are all examples
of possible trip and fall hazards that may require lighting at night. Effective lighting for these should
be unobtrusive, avoid glare, excessive light.
1. Driveway and Parking: Driveway and parking lot lighting for single, two, tri, quad, or
manufactured housing properties zoned for residential use is not permitted.
2. Entrances and Porte Cocheres: Porte cochere and covered porch/canopy lighting for
entrances and transfers is allowed. Luminaires mounted under canopies shall be aimed
downward and installed such that the bottom of the luminaire or lens, whichever is lower, is
recessed or fully cutoff and not producing any light above horizontal. All light emitted by an
under-canopy fixture shall be substantially confined to the posts, façade’s and ground surface
directly beneath the perimeter of the canopy.
3. Pathways, Stairs, and Steps: This lighting shall be no taller than thirty-six (36) inches.
D) Light for Atmosphere and Enjoyment: If local code allows, gas flame and fire pits are allowed.
Artificial lighting used to illuminate patios, above grade decks, balconies, or gazebos must be shielded
or fully shielded with the point light source not visible beyond the property line in which it is located.
26-575-150.070 Non-Residential Lighting
A) Light Output: The upper lumen limits listed below should not be the design goal. The design goals
should be to use the minimum light levels that meet the requirements of the task. The total
allowable site lumens (initial) for non-residential property is based on the square footage and
elements of developed structure, landscape buffer, and hardscape. Individual site lumen limits are as
follows:
Total Site Lumens Allowed
Residential
Lighting Requirement Unit LZ0 LZ1 LZ2 LZ3
Store Front Façade(s) lm / sf n/a 4 8 16
Customer Entrance(s) ea. n/a 500 1,000 2,000
Service Entrance Facade lm / sf n/a 1 2 4
Nighttime Service Loading ea. n/a 2,000 4,000 8,000
Tree and Landscape lm / sf n/a 1 1 1
Parking Lot lm / space n/a 200 300 400
Sales Display Lot lm / sf n/a 4 8 16
Drive Up Window ea. n/a 2,000 4,000 8,000
Gas Station Canopy lm / pump n/a 4,000 8,000 16,000
Display Window Deduction lm / sf n/a -1 -2 -4
B) Light for Orientation and Reassurance: When boundary and peripheral illumination are absent, and
the spatial perimeter is visually uncertain, threat detection and confidence may be compromised.
Vertical illuminance plays a critical role in addressing this need. Partially shielded luminaires for the
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following applications are allowed for this purpose if the light distribution is effectively contained by
the targeted element (e.g. façade, sculpture, shrub), and if the total amount of partially shielded light
does not exceed 20% of the total site lumen allowance or individual luminaire limits listed below.
Individual Luminaire Limits (Vertical Illuminance)
Luminaire Type LZ0 LZ1 LZ2 LZ3
Low Voltage Landscape n/a 205 430 525
Shielded In-grade Uplight n/a 455 910 1,820
Partially Shielded Flood n/a 630 1,260 2100
Fully Shielded U0 Down n/a 630 1,260 2,100
1. Façade Lighting: Non-residential facade lighting offers people an opportunity to orient, gain
understanding of the surroundings, make threat assessment through silhouette, and provide
reassurance when making engagement decisions. Additional guidelines are:
a. The point light source must not be visible from adjacent properties.
b. Façade lighting within mixed use property is prohibited above residential floors.
c. Non-Residential façade lighting must be turned off no later than curfew or after
business hours, whichever comes later.
d. Interior light escaping through windows is also seen vertically from the exterior
perspective. Display window lighting will be a deduction from allowable façade lighting.
To the greatest extent possible, interior light should be turned off after business hours.
2. Art, Monuments, and Fountain Features: Keeping true to the principles of responsible
lighting design, the only acceptable purpose for lighting these applications in non-residential
applications is to help people gain understanding of their surroundings and avoid conflict
prior to curfew.
3. Trees, Gardens, and Landscape Lighting: Designed into the built environment for their
beauty, reflected light from softscape can be used to gain understanding of the exterior
environment. However, artificial lighting at night will disturb the health of living plants, so
curfew and site limits on lumen allowance do apply. Additional guidelines are:
a. Tree and landscape lighting must be turned off during hours of curfew. For this reason,
solar powered landscape lights are not recommended.
4. Walls, Fences, and Perimeter Barriers: Reassurance is not fostered if egress is not obvious or
often enough when becoming informed of a possible threat. Vertical lighting can actually
help this situation because the movement of silhouette and shadow are easily detectable.
Illumination of walls shorter than eight (8) feet to help reassurance and egress is allowed
within non-residential common areas.
E) Light for Wayfinding and Pathways: Terrain hazards happen when there are changes in surface or
grade. Stairways, curbs, raised pavement, potholes, and slippery surfaces are all examples of possible
trip and fall hazards that may require lighting at night. Effective lighting for these should be
unobtrusive, avoid glare, excessive light.
1. Driveway and Parking: Outdoor lighting used to illuminate parking spaces, driveways, or
maneuvering areas shall meet fully shielded requirements and be designed, arranged and
shielded so that the point light source is not be visible from adjoining property lines or
streets.
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2. Entrances and Porte Cocheres: Porte cochere and covered porch/canopy lighting for
entrances and transfers is allowed. Luminaires mounted under canopies shall be aimed
downward and installed such that the bottom of the luminaire or lens, whichever is lower, is
recessed or fully cutoff and not producing any light above horizontal. All light emitted by an
under-canopy fixture shall be substantially confined to the posts, façade’s and ground surface
directly beneath the perimeter of the canopy.
3. Pathways, Stairs, and Steps: This lighting shall be no taller than thirty-six (36) inches.
C) Light for Atmosphere and Enjoyment: If local code allows, gas flame and fire pits are allowed.
Additional guidelines for artificial lighting is as follows:
1. Outdoor Dining: Type here…
2. Sales lots: Type here…
26-575-150.080 Special Use
A) Security: Lights emitting infrared radiation used for security surveillance systems is permitted if they
are fully shielded and aimed no higher than 70 degrees from horizon. Special review by the Planning
and Zoning Commission may allow lighting of a greater intensity under the following circumstances:
1. Multi-Family, Mixed Use, and Commercial common areas with increased density and activity
may require increased illumination at primary points of entrances or exits. Light intensity
shall not exceed five (5) foot-candles average at grade.
2. Shielded flood lights controlled by a motion sensor must be limited to motion within the
owner's property lines, and turned off 5 minutes after motion.
B) Approved historic lighting fixtures: Lights located at historic landmark sites (HPO) or within the Aspen
Downtown Historic District that have illuminance purpose and are consistent with the time period
and character of the historic structure or district may be exempt from shielding, uplight, and light
trespass requirements upon request and subsequent approval from the Historic Preservation Officer
or Historic Preservation Commission.
1. Historically approved fixtures shall be limited to 700 lumens per fixture and 10,000 lumens
per acre.
2. If new site lighting is needed to meet pedestrian safety requirements (e.g. stairs and egress),
or an architectural or historical feature requires greater illumination, modern lighting
techniques should not compete with the historic character of the property or convey a false
sense of history (e.g. faux historic lights).
C) Seasonal lighting: Holiday lighting of a temporary nature is allowed between November 15 and
January 30, provided that the lighting is low-wattage (1 watt/ft. for string lights or 70 lumens for
single bulb), does not exceed 1000 lumens per site, create dangerous glare on adjacent streets or
properties, is maintained in an attractive condition and does not constitute a fire hazard.
1. All other lighting associated with any national, local or religious holiday or celebration may be
illuminated two weeks prior to the holiday and extinguished within two days after the
holiday.
D) Gas Station: Measured illuminance shall not exceed 20 footcandles average under the canopy.
26-575-150.090 Permit Only
A) Temporary lighting: Any person may submit a written request to the Community Development
Director for a temporary exemption request. If approved, the exemption shall be valid for a
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maximum of fourteen (14) days from the date of signed approval and issuance. 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:
1. Specific exemption(s) requested, luminaire locations, mounting heights, and area(s) to be
illuminated;
2. Data sheets for exact luminaires (including lamp type, lumen output, CCT, CRI, polar
distribution plot, and BUG rating);
3. Duration of time requested for exemption;
4. Other information as may be required by the Community Development Department Director.
B) Construction: Outdoor lighting used for construction or major renovation can be exempt from the
requirements of this ordinance with an approved permit.
C) Sport and Recreation: Lighting for sport and recreation shall confine illumination to the field,
bleacher, track, or recreational area. Such lighting may need to exceed lighting zone illumination
standards to meet requirements for play and safety per ANSI/IES RP-6. Additional guidelines are as
follows:
1. Direct light from luminaires must not be visible from adjacent properties.
2. Shielding and internal louvers to prevent light trespass, glare, and light emitted above sixty-
two (62) degrees from the horizontal ground plane are required.
3. Lighting shall be extinguished no later than one (1) hour after the event ends.
D) Pool Lighting: When approved by permit, underwater pool, spa, and pool deck lighting is allowed.
Such lighting should follow ANSI/IES, or local municipal, lighting recommendations based on
residential, hospitality, or public use. This lighting is not part of the total site lumen limit.
E) Decorative: Lighting elements, such as shades with translucent, perforated patterns, and diffusers,
may be exempted from the fully-shielded requirement provided they are less than 1,000 lumens and
meet all other requirements of this ordinance and demonstrate a benefit for the community.
26-575-150.100 Enforcement and Penalty
A) Enforcement: Except as otherwise noted in this ordinance, the City Administrator, or designee, shall
be responsible to administer, enforce, and investigate any alleged violation of this ordinance as
allowed in article xx-xx-xxx of the Aspen Municipal Code.
B) Penalty: Except as otherwise allowed, any lighting that does not meet the provisions of this
ordinance will be considered a violation. A person, firm, or corporation that violates, disobeys, omits,
neglects, or refuses to comply with any of the provisions of this ordinance shall receive an
administrative citation as provided in the article xx-xx-xxx of the Aspen Municipal Code. Each day
that a violation is permitted to exist shall constitute a separate offense.
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