HomeMy WebLinkAboutordinance.council.12-2023ORDINANCE #42
SERIES OF 2023
i 1 i 1 ;i i ;� ,• 1 i
• 1 1 i1 i 1 i see
WHEREAS, the City of Aspen (the "City") is a legally and regularly created, established,
organized and existing municipal corporation under the provisions of Article XX of the Constitution
of the State of Colorado and the home rule charter of the City (the "Charter"); and,
WHEREAS, the zoning and land use powers conferred upon the City by the State of
Colorado as a Home Rule Municipality empower the City to manage land use to ensure the public
health, safety, and welfare; and,
WHEREAS, the City of Aspen currently regulates land uses within the City limits in
accordance with the Aspen Land Use Code (hereinafter 'Land Use Code"), Title 26 of the Aspen
Municipal Code, adopted pursuant to its Home Rule Constitutional authority and the Local
3overm-nent Land Use Control Enabling Act of 1974, as amended, § §29-204 01, et seq. C.R. S; and,
WHEREAS, the Land Use Code requires periodic amendments to ensure it supports adopted
City policy, is aligned with the community vision, and responds to changes in community,
development, technological and environmental conditions; and,
WHEREAS, changes to lighting technology, design trends, neighborly conflict due to
excessive nighttime lighting, and a growing understanding of the value of the night skies to
community character, human health, and the ecological and environmental health of flora and fauna
have raised the need for an amendment of the lighting standards; and,
WHEREAS, pursuant to a newly created chapter for Outdoor lighting standards, Chapter
26.512 —Outdoor lighting, of the City of Aspen Municipal Code, provides overviews of the
allowance, location, submittal process, type, and quality of outdoor lighting allowed on private
property within the City of Aspen; and,
WHEREAS, objectives of these code amendments are to update the City's outdoor
lighting policy based on national best practices and to respond to updated lighting technology; and,
WHEREAS, the City elects to pursue reduction of light levels by parcel through the
creation of Lighting Zones, to allow both prescriptive and performance based guidelines to
evaluate how a building or parcel is illuminated holistically, reduce the amount of light pollution
and wasted energy through the allowance of a maximum nighttime light trespass; and,
WHEREAS, the City elects to pursue appropriate fixtures and lighting design that directs
a pleasant and purposeful quality of light, reduce overall conflicts arising from excessive or poorly
I Ililll IIIII IIIII IIIII IIII) (IIII IIIII III) II (III IIII) (IIII IIIII III) IIIII I'll
Ordinance #12, Series of 2023
designed light at night through guidance on decorative lighting such as seasonal lighting or festoon
lighting; and,
WHEREAS, through such updated standards for useful, targeted, low light levels,
controlled lighting, and evaluation of the lighting spectrum, the City believes in the human right
to access dark skies and be free from inappropriate lighting distractions at night; and,
WHEREAS, other amendments will be required within Chapter 26.435 —Development in
Environmentally Sensitive Areas (ESA), Chapter 26.510 — SIGNS, and Section 26.515.080 — Special
Review, to ensure consistency and coordination with the updated outdoor lighting standards within
the Land Use Code; and,
WHEREAS, pursuant to Section 26.310.020(A), during a regular City Council meeting
on November 9, 2021, City Council adopted Resolution #101, Series of 2021, granting approval
of a contract with Clanton and Associates for professional services related to an update of the
outdoor lighting standards within the City's Land Use Code; and,
WHEREAS, pursuant to Section 26.310.020(A), during a regular City Council meeting
on February 28, 2023, City Council approved a Policy Resolution, granting authorization to amend
Section 26.575.150 — Outdoor lighting and other related code sections as necessary within the
.and Use Code; and,
WHEREAS, throughout the duration of the code alignment and draft process, City staff
engaged in a public engagement process including a stakeholder visioning session, introductions
to the draft code and feedback from the Planning and Zoning Commission, Historic Preservation
Commission, and the Commercial Core and Lodging Commission, draft check -ins with lighting
design experts and community stakeholders and on -going public outreach through multiple
modes of communication; and,
WHEREAS, at a regular meeting on August 1, 2023, the Planning and Zoning
Commission considered the amended code, and reviewed staff s memo, and by a four -three (4-3)
vote approving Resolution #06, Series of 2023, recommending Council consideration and approval
of amending Section 26.575.150 — Outdoor lighting; and,
WHEREAS, at a regular meeting on August 9, 2023, the Historic Preservation
Commission considered the amended code, and reviewed staff s memo, and by a four -zero (4-0)
vote approving Resolution #12, Series of 2023, recommending Council consideration and approval
of amending Section 26.575.150 — Outdoor lighting; and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare; and,
Ordinance #12, Series of 2023
Outdoor Lighting Code
Page 2 of 23
Section 1:
The Land Use Code Section 26.575.150.
readopted as follows under Land Use Cc
Exhibit A.
- Outdoor lighting, shall be deleted in its entirety and
�e Chapter 26.512 — Outdoor lighting as presented in
Section 2:
.and Use Code Section 26.435.040.B.3.f. — Stream Margin review shall be rescinded and
readopted as follows:
f. A11 exterior lighting shall be low and downcast with no lights) directed toward the river or
located down the slope and shall be in compliance with Chapter 26.512 — Outdoor lighting. A
lighting plan shall be submitted with all development applications.
Section 3:
.and Use Code Section 26.435. 0606 - Hallam Lake Bluff review shall be rescinded and readopted
as follows:
(5) All exterior lighting shall be low and downcast with no lights) directed toward the nature
preserve or located down the slope and shall be in compliance with Chapter 26.512 — Outdoor
lighting. A lighting plan shall be submitted with all development applications.
Section 4:
Land Use Code Section 26.510. 030(p). — Strings of Light and Strip Lighting shall be rescinded and
readopted as follows:
(p} All strings of light and strip lighting shall comply with Chapter 26.512 —Outdoor lighting.
Section 5:
Land Use Code Section 26.430 —Special Review shall be rescinded and readopted as follows:
Sec. 26.430.030. - Applicability.
Special review shall apply to all development in the City designated for special review by the
following chapters or sections of this Title:
• Dimensional requirements (Chapter 26.710, Zone Districts)
• Replacement of nonconforming structures (Chapter 26.312)
• Reduction of open space requirements in CC Zone District (Section 26.575.030(b))
• Off-street parking requirements (Section 26,515,040)
• Reductions in the Is of utility and delivery service area provisions
• Subdivision standards (Section 26.480,050)
• Accessory Dwelling Unit Design Standards (Chapter 26.520)
• Wireless telecommunications facilities and/or equipment (Section 26.575.130)
• Affordable housing unit standards
• Variations to the Residential Demolition and Redevelopment Standards (Chapter 26.580)
• Outdoor lighting (Chapter 26.512)
Ordinance #12, Series of 2023
Outdoor Lighting Code
Page 3 of 23
(1) Outdoor lighting standards. A project may request variations from the requirements of Chapter
26.512 — Outdoor lighting. Whenever a special review is considered by the Planning & Zoning
Commission or the Historic Preservation Commission it shall be reviewed in accordance with the
following standards:
(1) The outdoor lighting plan, luminaire, or installation has:
(a) a demonstrable community benefit; or,
(b) is for the purpose of public safety and health; and,
(2) The proposed lighting plan, luminaire, or installation
characteristics of the underlying Lighting Zone.
meets the intent and general
Section 6:
Staff will need to correct any references in the Land Use Code as described as Section 26.575.150
— Outdoor lighting to reflect the new code location as Chapter 26.512 — Outdoor lighting.
Any scrivener's et-rors contained in the code amendments herein, including but not limited to
mislabeled subsections or titles, may be corrected administratively following adoption of the
Ordinance.
Section '7:
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
resolutions or ordinances.
Section 8:
A public hearing on this ordinance was held on the 30th day of October 2023, at a meeting of the
Aspen City Council at 5*00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a
minimum of fifteen days prior to which hearing a public notice of the same shall was published in the
Aspen Daily News, a newspaper of general circulation within the City of Aspen. The public hearing
on this ordinance was continued to the 14t" day of November 2023, at a meeting of the Aspen City
Council at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
Il�TR®DLTCED AND READ, as provided by law, by the City Council of the City of Aspen on the
22nd day of August 2023.
ATTEST:
Nicole Henning, City Clerk
Torre, Mayor
I+,Il�ALLY, adopted, passed, and approved this 14th day of November, 2023.
Ordinance #12, Series of 2023
Outdoor Lighting Code
Page 4 of 23
Torre, Mayor
ATTEST:
WiM F z
FA 'm
Nicole Henning, City Cler
Exhibit A: Section 26.512 — ®utdoor lighting.
APPROVED AS TO FORM:
ames R. True, City Attorney
Ordinance #12, Series of 2023
Outdoor Lighting Code
Page 5 of 23
OILL
EMSILUMAUSLIM 'Mal
26.512.010 —intent and Purpose.
(a) Background. As the global population continues to grow, a larger percentage of people are living in
urban environments, leading to expansion and development. In 2007, the global urban population
exceeded the global rural population for the first time in history. According to the 2020 Census, in
North America 82% of people live in urban areas.
One problem associated with population growth and urban sprawl is the use of artificial light at
night. This issue was first identified in the 1970s, when astronomers detected a degradation of the
night sky. Continued increase in the quantity of high angle and uncontrolled reflected light has
diminished the dark sky. For most of the U.S. population, a clear view of the stars is no longer
possible.
Excessive, poorly designed, or poorly installed lighting at night creates issues that include 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. The City of Aspen is not excluded from these
impacts. In the City of Aspen, darkness is as much a part of the natural environment as the trees,
animals, and mountains. The dark night sky is currently an endangered resource. Unnecessary
lighting of natural and semi -natural areas impedes our ability to connect to the natural environment
of the dark night sky. When we are unable to see the stars, we become estranged from the wildness
that makes the City of Aspen such a special place.
(b) Purpose. The City of Aspen believes in the human right to access dark skies and be free from
Inappropriate lighting distractions at night. When the need for darkness conflicts with the need for
light, good lighting design can find a workable balance between safety, aesthetics, human health,
and the ecological and environmental impacts.
The City of Aspen understands that some exterior lighting is appropriate and necessary for the
safety of people at night. What to light, why, and when, is a cornerstone of this lighting chapter.
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 both dark sky preservation and
ecological protection. The following principles are used as a guide for responsible lighting design in
the City of Aspen:
(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 —Lighting shall be restricted to the range of Correlated Color Temperatures (CCTs)
used outdoors to reduce disruptive, shorter wavelengths while encouraging warm -white light
color temperature.
(c) Goals. In addition to the principles of responsible lighting design mentioned above, the following
goals are intended to guide the City of Aspen's decision makers regarding artificial exterior light at
night:
Ordinance #12, Series of 2023
Outdoor Lighting Code
Page 6 of 23
(1) Use American National Standards Institute (ANSI)/ Illuminating Engineering Society (IES)
exterior illuminance recommendations to reduce pedestrian accidents and promote the
health, safety, and welfare of peoples
(2) Reduce obtrusive and glaring light that inhibit human vision and detract from enjoyment of
the night sky;
(3) Curtail light pollution, reduce sky glow metrics, and improve the nighttime environment for
residents, visitors, and astronomer enthusiasts;
(4) Avoid inappropriate and poorly designed or installed outdoor lighting;
(5) Protect local and migrating ecological systems from the adverse effects of artificial light;
(6) Prevent light trespass from unnecessarily disturbing people (and their sleep patterns) and
from unnecessarily restricting access to nighttime darkness as a natural resource.
26.512.020 —Lighting Zone Planning and Designations.
(a) Background. Introduced in the late 1990s, Lighting Zones (LZ) 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. LZs can achieve these goals by leveraging 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 chapter will leverage the
following guidance from the ANSI, the 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) IDA Model Lighting Ordinance, 2011
(b) Definitions. Officially defined within ANSI/IES LP-11-20 Environmental Conditions for Outdoor
Lighting, LZs are briefly defined here:
(1) NDZ— Natural Dark Zones
(2)No Ambient Light
(3) LZ1—Low Ambient Lighfi
(4) LZ2 —Moderate Ambient Light
(5) LZ3 — Moderately High Ambient Light
(c) Purpose. LZ designations allow for illuminance recommendations regarding what to light and at what
intensity based on the expected activities. Assigning these designations within the City of Aspen is
essential to reference and use ANSI/IES recommendations for exterior lighting.
(d) Goals. LZ designations should not be based on existing conditions, but rather the type of
environment the municipality seeks to achieve.
(e) Designations. LZs are most effective when they coordinate with, and overlay on, land use zone
districts and their associated tasks. LZ designations will cross reference to the City of Aspen Zone
Districts as follows:
Or
dinance #12, Series of 2023
Outdoor Lighting Code
Page 7 of 23
(1) Lighting Zone 0 (LZO): Specific City of Aspen Parks may apply
(2) Lighting Zone 1 (LZ1): All Residential Zone Districts — AH, AH-PD, R-3, R-6, R-15, R-15A, R-15B,
R-301 RR, R/MF, R/MFA
(3) Lighting Zone 2 (LZ2): A, CC, C-11 CL, L, MU, NC, PUB, SCI, SKI
(4) Lighting Zone 3 (LZ3): Only available for Temporary Uses, or Special Review
(5) Planned Developments (PDs). PDs with adopted outdoor lighting regulations are not included
in a LZ. All PDs without an adopted outdoor lighting regulation are subject to underlying
zoning and the related LZ. In all circumstances, if a PD is silent on a particular topic related to
outdoor lighting, the provisions of this Title shall apply. For new PDs, lighting requirements
should be evaluated with guidance from underlying zoning and the related LZ.
(6) City of Aspen Parks, Trails, and Open Spaces. Parks, trails, and open spaces managed by the
City of Aspen are distinct use types that have distinct lighting needs based on the location and
intensity of the use. City of Aspen parks, trails, and open spaces have diverse underlying zone
districts based on the distribution of their locations. In most circumstances City of Aspen
parks, trails, and open spaces shall be limited to the standards under NDZ, LZO, LZ1 or LZ2. See
Section 26,512.090 - Parks, Trails, and Open Spaces, for guidance on outdoor lighting
characteristics found across City of Aspen parks, trails, and open spaces.
26.512.030 — Applicabilifiy.
(a) Applicability. The lighting requirements of this chapter shall be applicable to all exterior lighting on
private property within the City of Aspen. This includes use of light, hours of operation, and
mitigation of light trespass.
(1) Trespass and curfew. Trespass and curfew regulations are in effect immediately upon the
passage of this chapter.
(2) 5-year Legacy Exemption. Existing outdoor lighting fixtures that do not meet the provisions of
this chapter shall be considered nonconforming for five (5) years from the adoption date of
this chapter.
(3) Nonconforming lighting. Unless otherwise specified within this chapter, within five (5) years
of the effective date of this chapter all outdoor lighting luminaires that do not conform to the
requirements of Chapter 26.512 shall be replaced or retrofitted to comply with the provisions
of this chapter. After five (5) years from the effective date of this chapter, noncompliant
outdoor lighting luminaires will be considered a violation of this chapter and subject to the
penalties set forth herein. The Community Development Department may issue an
Administrative Notice of Violation per Section 2.02.120. - Uniform enforcement of City
regulations, to any person or property owner using noncompliant outdoor lighting luminaires,
and such violation shall be cured within ninety (90) days from the date of the Administrative
Notice of Violation.
(b) Compliance by development scenario.
(1) Routine Maintenance and one for -one replacement. Proposals fall into this category if they do
not require a permit. The repaired or replaced fixtures) shall conform with the requirements
of this chapter.
(2) Renovations and Modifications.
a. Proposals fall into this category if a renovation or modification to outdoor lighting
requires a permit, and the total lumens of replaced or added fixtures is less than 40% of
the total site lumen allowance listed in Table 2 or Table 4, as applicable. Only the
Ordinance #12, Series of 2023
Outdoor Lighting Code
Page 8 of 23
outdoor lighting fixtures replaced or added in the permit shall need to come into
compliance with the requirements of this chapter.
b. Proposals fall into this category if a renovation or modification to outdoor lighting
requires a permit, and the total lumens of replaced or added fixtures is equal to or more
than 40% of the total site lumen allowance listed in Table 2 or Table 4, as applicable.
These proposals shall cause the entire property to meet the requirements of this
chapter.
c. Changes that qualify as an International Existing Building Code (IEBC) Alteration Level 3
on an existing development (e.g., square footage, occupant capacity, or
spaces)
shall cause the entire property to meet the requirements of this chapter.
d. Any re -zoning or change of use, .per Title 26, shall cause the entire property to meet the
requirements of this chapter.
(3) New development and Redevelopment. If new development occurs on a vacant lot or a
property is redeveloped, as defined in Section 26.104.100 — Definitions, this shall cause the
entire property to meet the requirements of this chapter.
(c) Exemptions. The following types of lighting installations shall be exempt from the requirements
within this chapter.
(1) Lawful. Lighting required by federal, state, county, municipal, or other territorial laws or
regulations that conflict with this chapter.
(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.
Nighttime illumination of flags shall follow the guidelines below:
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 fihree (3) in -ground uplights, or three (3)
shielded spotlights that are surface mounted at grade. To preserve the night sky, the use
of top of pole downward directed lights is encouraged.
b. In -ground and surface mounted shielded spotlights should be narrow beam (15 degree
maximum)I no more than 100 lumens per foot of height (e.g., 2,500 lumens per light for
a 25400t-tall flag), with point sources of light not to be visible outside of a 15-foot radius.
Surface mounted lights should rotate and tilt and be aimed to hit the flag.
(3) Street, Public Trails, and Roadway. Lighting installed within the public right-of-way or an
easement that is for the benefit of public safety, such as emergency, traffic control, or
streetlights, is not subject to this chapter. Lighting installed within the public right-of-way with
a purpose of illuminating outside the public right-of-way is not exempt from the requirements
of this chapter.
(4) Signage. See Chapter 26.510 —Signs.
(d) Special Circumstances. If a lighting plan, luminaire, or installation is proposed and does not meet the
requirements of this chapter, but has a demonstrable community benefit, an exemption may be
considered. The applicant shall submit additional information so the benefit to the community can be
evaluated, and the lighting may then be approved by the Community Development Director. Should the
Community Development Director deny an application of this nature, an applicant may pursue a
Temporary Use review with City Council per Chapter 26.450 or a Special Review with Planning & Zoning
Commission or the Historic Preservation Commission per Chapter 26.430.
(1) This process shall apply to outdoor art installations involving lighting.
Ordinance #12, Series of 2023
Outdoor Lighting Code
Page 9 of 23
(2) This process may also apply to lighting scenarios not addressed in other sections of this code,
such as a clock tower in a public area.
26.512.040 - Submittal Process.
(a) General. Unless otherwise required by this Title, evaluation of lighting shall be made at building permit
review. For example, while Planned Development and Environmentally Sensitive reviews would require a
lighting plan during land use review, most projects will involve the evaluation of lighting at building permit.
Lighting plans shall be submitted to the Community Development Department for approval. For all
submissions, either method described below is acceptable. Proposals that do not trigger a permit are exempt
from submitting lighting plans and shall conform with the requirements of this chapter.
(b) Prescriptive Method. For administrative simplicity, a project shall be charted using The City of Aspen
Outdoor Lighting Permit Submission Tool containing identification for each luminaire type, quantity,
lumen output, BUG rating for luminaires (if available), the total expected site lumens, and a calculated
total site lumens compared to the total site lumen allowance listed in Table 2 or Table 4.
(1) A sub -total is required for the total lumens coming from partially shielded light allowed in Table 2 or
Table 4, as applicable. The total lumens coming from partially shielded lights cannot exceed 20% of the
allowable lumens.
(2) Supporting data sheets for exact luminaires (model numbers), light distribution plots, fixture BUG
ratings, luminaire locations, mounting heights, and aiming directions shall be included to the extent
necessary to show compliance with requirements.
(c) Performance Method. For larger and more complex projects, an outdoor lighting design may be analyzed
using industry standard lighting software. This outdoor lighting plan shall include:
(1) The City of Aspen Outdoor Lighting Compliance Statement signed and stamped by the architect,
electrical engineer, contractor, or lighting designer verifying that the outdoor lighting plan meets the
requirements of the chapter.
(2) Luminaire locations, mounting heights, aiming directions, point -by -point calculation plan indicating
average, maximum, and minimum illumination values, with isolume lines or false -color bands
showing illumination levels and points of calculation 10' past the property line. The plane of
calculation shall be at the ground level.
(3) 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:
i. Facade, building entrance, porte cochere, softscape, and perimeter barriers.
ii. Walking paths adjacent to architecture, hardscape, exits, landscape, waterfront, stairs, and
ramps.
Patios, outdoor dining, decks, terraces, pools, and pool decks.
(4) 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 shall not exceed the limits of light trespass defined
within this chapter.
(d) Prior to Certificate of Occupancy, the applicant shall submit one of the following when pursuing Section
26.512.040(b) —Prescriptive Method:
(1) The City of Aspen Outdoor Lighting Compliance Statement signed by the architect, electrical
engineer, contractor, or lighting designer verifying that the outdoor lighting meets the
requirements of this chapter and has not changed from the approved permit documentation,
or,
Ordinance #12, Series of 2023
Outdoor Lighting Code
Page 10 of 23
(2) If the outdoor lighting plan has changed, the City of Aspen Outdoor Lighting Compliance
Statement signed by the architect, electrical engineer, contractor, or lighting designer verifying
that the outdoor lighting meets the requirements of this chapter with an updated City of
Aspen Outdoor Lighting Permit Submission Tool and updated supporting documents per
26.512.040(b) - Prescriptive Method.
(e) Prior to Certificate of Occupancy, the applicant shall submit one of the following when pursuing Section
26.512.040(c) — Performance Method:
(1) The City of Aspen Outdoor Lighting Compliance Statement signed by the architect, electrical
engineer, contractor, or lighting designer verifying that the outdoor lighting meets the
requirements of this chapter and has not changed from the approved permit documentation;
or,
(2) If the outdoor lighting plan has changed, the City of Aspen Outdoor Lighting Compliance
Statement signed by the architect, electrical engineer, contractor, or lighting designer, and a
revised lighting calculation plan and updated supporting documents per Section 512.040(c) —
Performance Method.
(f) Review. Site lighting plans shall be subject to review and approval by the City of Aspen Community
Development. Site lighting plans submitted as a part of a building permit application 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 per 26.430, Special Review.
(g) Appeals. An appeal made by an applicant aggrieved by a decision made by the Community Development
Director regarding administration of this Chapter may appeal such decision to the City Council, pursuant
to 26.316, Appeals. Other administrative remedy may be available pursuant to C.R.S. § 31-23-209.
(h) Future Amendments to Chapter 26.512 — Outdoor Lighting. All future amendments of a technical nature
to this Chapter shall be exempt from the requirement of Policy Resolution for code amendments
(Section 26.310.020(b)(1), (2)). Future amendments may proceed directly to a. First and Second Reading,
pursuant to Section 26.310.020(b)(3). Necessary amendments that raise policy questions shall follow the
normal procedures for Land Use Code amendments per Chapter 26.310, Amendments to the Land Use
Code.
26.512.050 —Light Trespass.
(a) Background. Light trespass refers to measurable light extending beyond the boundary of its intended
usage area. This causes annoyance, loss of privacy, or other nuisances. In the City of Aspen, light
trespass can be a major source of frustration between neighbors. Often light trespass is referring to
outdoor lighting, but light spilling outdoors through windows or other translucent surfaces in a fagade
also contributes to light trespass.
(b) Requirements. All outdoor light sources in the City of Aspen shall be located and optically cutoff such
that the point light source shall not be visible from adjacent property or public right-of-way during
hours of curfew defined in Section 26.512.050(d). Additionally, interior point light sources shall not be
visible from the property line during hours of curfew. Unless permitted otherwise by the City of
Aspen, the total maximum illumination of interior and exterior light sources at any point along the
property line as defined in Section 26.512.050(c) shall not exceed the requirements listed in Table 1.
Meeting these requirements will likely require mounting locations 2.5 times the luminaire height
away from any property lines. Additional distance or shielding will likely be required for lighting
installed along ridgelines or hillsides. Methods encouraged for interior and exterior light sources to
meet these light trespass limits include shielding, dimming, timers, and window shades.
Ordinance #12, Series of 2023
Outdoor Lighting Code
Page 11 of 23
Property Line Vertical Light Trespass:
Illuminance Limits
F • • • . • S
i
Table 1: Property Line Vertical Light Trespass: Illuminance Limits. Measured in footcandles or lux.
(c) Measurements. To measure vertical light trespass for any property in Aspen, a light meter shall be
placed at 5-feet above grade and aimed perpendicular to the property line, pointed towards the light
source. Multiple readings shall be taken to ensure compliance around the property line. When
bordering with public right-of-way, the property line shall be considered five feet beyond the actual
property line. Any location a measurement is taken along the property line shall meet the criteria in
Table 1.
(d) Enforcement Hours. The Community Development Department may take light trespass readings
within the following hours and enforce upon any light that exceeds the levels outlined in Table 1
above.
(1) Hours of enforceable light trespass for all City of Aspen private property lighting shall be the
following:
a. Residential Uses: Curfew hours shall be 10pm to lam.
b. Non -Residential Uses: Curfew hours of 10pm to lam shall apply to all businesses unless
normal operating hours end or begin within the hours of curfew. If so, the curfew
applies until one hour after closing or one hour before opening. For example, if a
business closes at 11pm, the curfew for that business shall be 12am to lam. If a
business opens at 6am, the curfew for that business shall be 10pm to 5am.
26.512.060 —Requirements for All Outdoor Lighting.
(a) Conformance. All outdoor lighting shall meet the requirements of this chapter, applicable electrical
and energy codes, and applicable sections of the building code.
(b) Responsible Design Criteria.
(1) Correlated Color Temperature (CCT). In an effort to minimize potentially disruptive and/or
harmful spectrum at night, all exterior lighting subject to this chapter shall have a standard
CCT of 2700K up to a maximum of 3000K. A CCT of 2200K or lower is allowed for non-
commercial uses provided the Color Rendering Index (CRI) is greater than 65.
(2) Direct Uptight. Unless otherwise allowed in Tables 3 and 5, all light sources shall be fully
shielded or partially shielded. Luminaires that have a UO rating (produce zero uptight per IES
TM-15) are encouraged but are not required. All luminaires shall be constructed in such a
manner that all light emitted, either directly from the light source, through a diffusing
element, or indirectly by reflection or refraction from any part of the luminaire, is projected no
higher than the horizontal plane.
Ordinance #12, Series of 2023
Outdoor Lighting Code
Page 12 of 23
Unshielded Partially Shielded Fully Shielded
Figure 1: Unshielded, Partially Shielded, and Fully Shielded Light Emittance
(3) Poles.
a. Bollard, pathway, or post -top lighting taller than 42 inches from finished grade is
prohibited within residential zones.
b. Pole mounted lighting within multi -family common areas or any parking lot adjacent to a
residential use are allowed up to 12 feet from finished grade. This allowance shall not
exceed light trespass limits.
c. Pole mounted lighting for non-residential parking lots is allowed up to 20 feet tall from
finished grade, provided it is not directly adjacent to a residential property. This
allowance shall not exceed light trespass limits.
(c) Prohibitions. The following types of exterior lighting sources, luminaires and installations, and those
interior lighting sources, luminaires, and installations that can be seen directly from the exterior by
the public or are causing light trespass or direct glare into any property or public right-of-way, shall
be prohibited in the City of Aspen.
(1) Non -shielded and partially shielded fixtures unless identified as allowed in Tables 3 and 5.
(2) Mercury vapor lighting.
(3) Inefficient lamps or LED luminaires (those with an efficacy of less than 45 lumens per watt)
shall be prohibited for outdoor use.
(4) Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity, and changing
color lights. This prohibition does not apply to Section 26.512.110(f) -Seasonal Lighting.
(5) Neon lighting and LED strips simulating the appearance of neon are both prohibited. This
includes its usage for the outlining of buildings and for signage.
(6) Non -shielded floodlights are prohibited. Fully shielded floodlights are subject to the lumen
maximums in Tables 3 and 5. For motion sensor lights see Section 26.512.100(a) —Security.
(7) Lighting directed towards the Roaring Fork River and its tributary streams or Hallam Lake is
prohibited per Chapter 26.435 —Development in Environmentally Sensitive Areas (ESA).
(8) No outdoor lighting shall be used in any manner that could interfere with the safe movement
of motor vehicles on public thoroughfares. The following is prohibited:
a. Any permanent light source not intended for roadway illumination that still produces
direct light or glare onto a roadway that could be disturbing to the operator of a motor
vehicle (e.g., pedestrian architectural lighting, landscape lighting).
Ordinance #12, Series of 2023
Outdoor Lighting Code
Page 13 of 23
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) Aerial lasers, beacons, and searchlights are prohibited except for emergency use.
26.512.070 -Residential Lighting.
(a) Background. Lighting in residential areas provides for safe navigation to and from residences at night,
adds visual character, and the ability to enjoy outdoor spaces in hours of darkness. Functional lighting
of facades, landscaping, and peripheral boundaries of a residential property allows residents and
guests to stay oriented within a space, which fosters an improved sense of safety and wellbeing.
Decorative or excessive lighting of facades, landscaping, and peripheral boundaries of a residential
property contributes to light pollution and degradation of dark sky and natural darkness goals. Any
points of ingress or egress can also benefit from quality lighting for both wayfinding and threat
detection. Vertical illuminance plays a critical role in addressing this need, allowing movement in
silhouette or shadow to be easily detectable.
Effective lighting for these needs should be unobtrusive, avoid creating glare, and avoid excessive
light which can harm the night sky and the health of people, wildlife, and landscaping. For this reason,
maximum limits on lumens per site, see Table 2, and light trespass limits apply to all residential
properties in the City of Aspen.
(b) Light Dutput. 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 for a residential property are limited to:
Total Site Lumen Allowance: Residential Uses
Gross Lot LZ1 LZ2
Area Square
Feet (sf)
Single-family/
Duplex
_
Multi-
Family
Single-family/
Duplex
Multi"
Family
50,000 sf+
20,000
20,000
20,000
201000
30,000 sf
13,500
13,500
131500
13,500
15,000 sf
71500
71500
71500
71500
9,000 sf
51000
51000
51000
51000
6,000 sf
41000
41000
41500
41500
4,500 sf
31350
31350
31700
31700
< 3,000 sf
21700
21700
3,000
31000
Table 2: Total Site Lumens Allowed: Residential Uses. Measured in lumens.
(c) Additional Allowances. The following additional lumen allowances apply only to residential properties
if the following applies:
1) For multi -family units in a mixed -use development, each unit shall be allotted 1,000 lumens
per unit above allowances provided in Table 4. Additional lumens shall not be traded between
dwelling units or to a non-residential use.
2) On single-family/duplex residential lots larger than one acre with more than one dwelling unit,
an additional 2,000 lumens for each additional dwelling unit is allowed. Additional lumens
shall not be traded between dwelling units.
3) An additional 300 lumens per parking lot space is allowed for multi -family units in 100%
residential developments. Additional lumens shall not be traded between dwelling units.
Ordinance #12, Series of 2023
Outdoor Lighting Code
Page 14 of 23
(d) Partially shielded and Unshielded luminaries. Partially shielded and Unshielded luminaries for the
applications in Sections 26.512.070(e), (f), and (g) are permissible if the light distribution is limited to
the targeted element (e.g., fagade, sculpture, shrub), and if the total amount of light does not exceed
20% of the total site lumen allowance and the individual luminaire limits listed below:
Maximum • -. and Partially
Shielded
Residential
Luminaire Type
Low Voltage1
1
ln�grade Uplight1
910
Shielded Directional Floodlight.
111260
11260
' •-• �- .
•1111125
11600
Table 3 —
Maximum Unshielded and Partially Shielded Luminaire Lumens -Residential. Measured in lumens.
(e) Light for Orientation and Reassurance. Vertical illuminance plays a critical role in allowing people to
perceive the spatial perimeter and major obstacles in an area, as well as detect movement. This
allows people to feel more confident navigating a space and allows for threat detection at night,
especially in lower -activity residential areas. The design standards for this kind of lighting are detailed
below.
1) Trees, Gardens, and Landscape Lighting.
a. Tree and landscape lighting shall be no taller than 25 feet from finished grade.
b. Tree and landscape lighting are subject to curfew hours and shall be turned off between
the hours of 10pm and lam.
2) Walls, Stairs, Fences, and Perimeter Barriers.
a. Perimeter fence lighting is prohibited within residential zones for residential use.
b. Illumination of site and retaining walls shorter than six (6) feet from finished grade and
directly beneath them is allowed within common areas of multi -family developments and
shall meet all the other requirements of this chapter.
(f) Light for Wayfinding, Pathways, and Stairs. Changes in grade or terrain are more hazardous when
visibility is poor. Stairways, curbs, raised pavement, potholes, and slippery surfaces are all examples
of possible trip and fall hazards that can require lighting at night to navigate to or from a residence
safely. The design standards for this type of lighting are detailed below:
1) Driveway and Parking. Driveway and parking lot lighting for single-family, duplex, triplex, and
four-plex residential uses shall be fully shielded so that the point light source is not visible
from adjoining property lines or rights -of way. Lighting shall be included in total allowable
lumens and meet Table 3 luminaire limit requirements. Building mounted lighting for driveway
and parking shall be no higher than 12 feet above finished grade. Non -building mounted
lighting shall comply with Section 26.512.060(3).
2) Address Markers. Are not exempt from lumen allowance.
3) Entrances and Porte Cocheres. Porte cochere and covered porch lighting is allowed.
Luminaires shall be aimed downward and installed such that the bottom of the luminaire or
lens, whichever is lower, is recessed or fully shielded and not producing any light above the
horizontal. All light emitted by an under -canopy luminaire shall be substantially confined to
the posts, facades, and ground surface directly beneath the perimeter of the canopy.
Ordinance #12, Series of 2023
Outdoor Lighting Code
Page 15 of 23
4) Pathways, Exterior Stairs, and Steps. Luminaires in these applications shall be no taller than 42
inches from finished grade.
(g) Light for Atmosphere and Enjoyment.
1) Lighting used to illuminate patios, above grade decks, balconies, or gazebos shall be fully
shielded with the point light source not visible beyond the property line.
2) Art, monuments, and fountain features may be illuminated if they are within 10 horizontal feet
of the residential structure. Lighting shall be turned off between the hours of 10pm to 7am per
Section 26.512.050(d),
3) Outdoor televisions may be allowed so long as the screen is directed inwards and is not visible
from any property line. Television screens mounted outdoors shall be turned off during the hours
of curfew defined in Section 26.512.050(d). For the use of television screens as signage please
refer to Chapter 26.510 — Signs.
26.512.080 -Non-Residential Lighting.
(a) Background. Lighting in non-residential areas provides for safe navigation to and from businesses and
activities at night, adds visual character, and allows for shopping and recreation in hours of darkness.
Lighting facades, landscaping, and peripheral boundaries of non-residential spaces allows residents
and visitors to the City of Aspen to stay oriented within a space, fostering an improved sense of safety
and wellbeing. Any points of ingress or egress for non-residential spaces can also benefit from quality
lighting for both wayfinding and threat detection. Vertical illuminance plays a critical role in
addressing this need, allowing movement in silhouette or shadow to be easily detectable. It also
helps to define spatial boundaries in busier non-residential areas and avoid conflicts between users.
Effective lighting for these needs should be unobtrusive, avoid creating glare, and avoid excessive
light which can harm the night sky and the health of people and landscaping. For this reason,
maximum limits on lumens per site and light trespass limits apply to all non-residential properties in
the City of Aspen.
(b) 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 for non-residential properties are based on the square footage of the facade
and other elements of the developed structure, landscape buffer, and hardscape. A site shall
calculate a maximum site lumen allowance by choosing a maximum of four (4) of the lighting types as
identified in Table 4. Individual site lumen limits by lighting type are as follows.
Site Lumen Allowances: Non-Residential/Commercial Uses
Lighting Requirement. A maximum of four types
are permitted per site.
feet of the door.
Unit LZ1 L22
each � 500 � 1,000 ( 1,500
Building Facades: This allowance is lumens per square foot of S 16 24
square foot of building facade that is illuminated. building facade
To use this allowance, luminaires shall be aimed at
the facade and capable of illuminating it without
obstruction.
Ordinance #12, Series of 2023
Outdoor Lighting Code
Page 16 of 23
Nighttime Service Loading: This allowance is per
each
21000
41000
61000
service loading door. To use this allowance,
luminaires shall be within 20 feet of the door.
Outdoor At -grade Parking Lot: This allowance is per
space
400
600
800
parking space. To use this allowance, luminaires
shall be within a maximum height of 20 feet from
the finished grade of the parking space(s).
Gas Station Canopy**: This allowance is lumens per
pump
41000
81000
101000
installed fuel pump. Each side of a two-sided pump
qualifies for an allowance.
Outdoor dining: This allowance is lumens per
square foot of
1
5
10
illuminated hardscape for outdoor dining. To use
outdoor dining
this allowance, luminaires shall be within 6 feet of
area
the hardscape area of outdoor dining.
Table 4 Site Lumen Allowances: Non-Residential/Commercial Uses. Measured in lumens.
**Measured illuminance shall not exceed fifty (50) footcandles horizontal on average, measured at grade, under the
canopy.
(c) Partially shielded and Unshielded luminaries. Partially shielded and Unshielded luminaries for the
applications in Sections 26.512.080(d), (e), and (f) are permissible if the light distribution is limited to
the targeted element (e.g., fagade, sculpture, shrub), and if the total amount of light does not exceed
20% of the total site lumen allowance and the individual luminaire limits listed below.
Luminaire Type
Low VoltageNonmiresidential
1
ICI
430
ln=grade Uplight
910
910
Shielded Directional Floodlight.
11260
1260
• •-• D- •rtially
•11
.11
Table 5 —Maximum Unshielded and Partially Shielded Luminaire Lumens Per Fixture —Non-residential. Measured
in lumens.
(d) Light for Orientation and Reassurance. Vertical illuminance plays a critical role in allowing people to
perceive the spatial perimeter and major obstacles in an area, as well as detect movement. This
allows people to feel more confident navigating busier non-residential areas and allows for threat
detection at night. The design standards for this kind of lighting are detailed below.
(1) Facade Lighting.
a. The point light source shall not be visible from adjacent properties or create glare in the
right-of-way.
b. Facade lighting for amixed-use property shall not be installed above floors with
residential dwelling units.
Ordinance #12, Series of 2023
Outdoor Lighting Code
Page 17 of 23
c. Display window lighting is allowed when it complies with the restrictions in place for
point sources light trespass, and Section 26.512.090,
(2) Trees, Gardens, and Landscape Lighting.
a. Tree and landscape lighting is subject to curfew per Section 26.512.050.d.
(3) Walls, Stairs, Fences, and Perimeter Barrier.
a. Illumination of site/retaining walls within six feet of finished grade is allowed within non-
residential common areasprovided they are washed using approved facad
,e or
landscape lighting techniques and meet all the other requirements of this chapter.
(e) Light for Wayfinding and Pathways. Changes in grade or terrain are more hazardous when visibility is
poor. Stairways, curbs, raised pavement, potholes, and slippery surfaces are all examples of possible
trip and fall hazards that can require lighting at night to navigate around safely in anon -residential
area. The design standards for this type of lighting are detailed below.
(1) Driveway and Parking. Outdoor lighting used to illuminate parking spaces, driveways, or
maneuvering areas shall be fully shielded and be designed, arranged, and shielded so that the
point light source is not visible from adjoining property lines or rights -of -way. Building
mounted lighting for driveway and parking shall be no higher than 12 feet above finished
grade. Non -building mounted lighting shall comply with Section 26.512.060(3).
(2) Entrances and Porte Cocheres. Porte cochere and covered porch lighting is allowed.
Luminaires shall be aimed downward and installed such that the bottom of the luminaire or
lens, whichever is lower, is recessed or fully shielded and not producing any light above
horizontal. All light emitted by an under -canopy luminaire shall be substantially confined to
the posts, fagades, and ground surface directly beneath the perimeter of the canopy.
(3) Pathways, Exterior Stairs, and Steps. Light luminaires in these applications shall be no taller
than forty-two (42) inches from finished grade.
(f) Light for Atmosphere and Enjoyment.
(1) Lighting used to illuminate patios, above grade decks, balconies, or gazebos shall be fully
shielded with the point light source not visible beyond the property line.
(2) Art, monuments, and fountain features may be illuminated if they are within 10 horizontal
feet of the residential structure. Lighting is subject to curfew per Section 26.512.050(d).
(3) Outdoor televisions may be allowed so long as the screen is directed inwards and is not visible
from any property line. Television screens mounted outdoors shall be turned off during the
hours of curfew defined in Section 26.512.050(d). For the use of television screens as signage
please refer to Chapter 26.510 — Signs.
26.512.090 -Parks, Trails, and Open Space Lighting.
The following designations are informed by best practices and give guidance to the City of Aspen Parks
Department in determining appropriate outdoor lighting across the City of Aspen Park system. In no
circumstance shall an individual luminaire located within a park, trail or open space exceed limitations as
defined in this Chapter.
(a) Open Areas. No outdoor lighting is required within undeveloped backcountry, natural wilderness
areas, or areas concerned with migration and habitat for birds and animals, or the preservation of
dark sky. This use may be designated as a NDZ (Natural Dark Zone) on the lighting zone overlay. This
restriction exists for environmental protection and conservation for both public and private land.
Ordinance #12, Series of 2023
Outdoor Lighting Code
Page 18 of 23
(b) Rural Parks. Very little outdoor lighting is required for rural park amenities and terrain safety during
nighttime hours of operation. Elements such as restroom entrances, visitor centers, maintenance
facilities, signage, and curbs, stairs, or other hazardous changes in grade may need
illumination. Illuminance criteria for these applications may follow general requirements regarding,
CCT, uptight, and light trespass within this chapter, and ANSI/IES illuminance guidance for tasks within
LZO.
(c) Suburban and Urban Parks. Varied in size, and situated amongst mixed use and non-residential zone
districts, suburban and urban park users at night have expectations of outdoor lighting. Elements
such as signage, restroom entrances, amenity, stages, landscape, artistic features, and curbs, stairs,
or other hazardous changes in grade may need illumination. Illuminance criteria for these
applications may follow general requirements regarding, CCT, uptight, and light trespass within this
chapter, and ANSI/IES illuminance guidance for tasks within LZ1 or LZ2. Suburban and urban parks
require just enough light for the tasks required, including transitional light levels from adjacent
properties to foster pedestrian reassurance.
(d) Sport and Recreation Areas. Lighting for sport and recreational areas that do not need to obtain a
Special Event Permit shall confine any illumination to the field, bleacher, track, or recreational area.
Such lighting may sometimes need to exceed lighting zone illumination standards to meet
requirements for play and safety per ANSI/IES RP-6 rules for amateur and recreational levels of play.
1. Light trespass limits apply. Shielding and internal louvers may be required to prevent light
trespass.
2. Subject to curfew. Curfew hours of 10pm to lam shall apply to all scheduled events. If the
scheduled event ends or begins within the hours of curfew, the curfew applies until one
hour after the event ends or one hour before the event begins. Lighting shall be
extinguished no later than one (1) hour after any scheduled event ends.
26.512.100 -Special Use.
(a) Security Lighting. Motion sensor lights shall
higher than 70 degrees from below the horizon.
be permitted if they are fully shielded and aimed no
All motion sensor lights, or proposed security
The Planning and Zoning Commission or the
surveillance systems shall meet the following criteria.
Historic Preservation Commission may allow lighting of a greater intensity per Chapter 26.430 —
Special Review.
(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 floodlights controlled by a motion sensor shall be limited to motion within the
owner's property lines and turned off no more than five (5) minutes after such motion was
detected.
(3) Security lighting shall be properly installed/commissioned so it shall not be oversensitive to
surroundings and be triggered repeatedly in an unreasonable or disruptive manner by
naturally occurring causes (such as wind in foliage).
(b) Lights located at Historic Landmark Structures. Luminaires that are consistent with the time period
and historic character of a Historic Landmark Structure and have the specific purpose of illuminating
the structure may be exempt from shielding, uplight, and light trespass requirements upon request
and subsequent approval from the Historic Preservation Officer or Historic Preservation Commission
(HPC). All lighting related to historic properties or located in a historic district shall be otherwise
consistent with all other performance standards laid out in this chapter.
Ordinance #12, Series of 2023
Outdoor Lighting Code
Page 19 of 23
(1) For Historic Landmark Structures, HPC may vary lighting types as appropriate to the building
but shall not increase the total site lumen amount for the property.
(2) Historic luminaires that have been previously approved for use in the City of Aspen by the HPC
but do not meet the general lighting or light trespass criteria of this chapter shall be limited to
1,000 delivered lumens per luminaire.
(3) Luminaire design 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 otherwise consistent with the provisions within this code and meet all other
requirements of this chapter and demonstrate a benefit for the community.
26.512.110 -Miscellaneous Lighting Types.
(a) Temporary Use.
(1) See Chapter 26.450 -Temporary and Seasonal Uses.
(b) Special Review
(1) See Chapter 26.430 —Special Review.
(c) Special Events.
(1) See Chapter 14.20 —Park Rental and Special Event Permits.
(d) Construction.
(1) See Title 29, Engineering Design Standards.
(e) Pool Lighting.
(1) When approved by permit, underwater pool, spa, and pool deck lighting is allowed. Such
lighting shall not exceed the minimum level needed to meet City of Aspen adopted building
code. This lighting is not part of the total site lumen limit.
(f) Seasonal Lighting. Seasonal lighting of a temporary nature is allowed between (November 15 and
March 1). Seasonal lighting shall not create dangerous glare on adjacent streets or properties, shall
be maintained in an attractive condition, and shall not constitute a fire hazard. Multicolored lighting
is acceptable. When seasonal lighting is white, it shall not exceed a CCT of 4000K.
(1) When seasonal lighting occurs directly adjacent to (within 10 horizontal feet) the Hallam Lake
Bluff or Stream Margin Environmentally Sensitive Area (ESA), it shall be subject to additional
restrictions.
a. Seasonal lighting involving an ESA is not exempt from the City's curfew. Seasonal lighting
shall be turned off between the hours of 10 pm and lam.
b. All of a site's seasonal lighting shall remain within the relevant site lumen limit
allowances shown in Table 2 or Table 4.
(2) Seasonal lighting is not allowed within the Hallam Lake Bluff or Stream Margin
Environmentally Sensitive Areas (ESA). When seasonal lighting is located outside these ESAs,
the following curfews apply:
a. Residential: 10pm to lam.
b. Non -Residential: Curfew hours of 10pm to lam shall apply to all businesses unless
normal operating hours end or begin within the hours of curfew. If so, the curfew applies
until one hour after closing or one hour before opening.
Ordinance 412, Series of 2023
Outdoor Lighting Code
Page 20 of 23
(3) Seasonal lighting requirements apply to all Planned Developments unless otherwise stated in
the Planned Development approvals.
(g) Festoon Lighting. Also known as bistro or ping-pong lighting. Festoon lighting is allowable for outdoor
installation when it is fully shielded or partially shielded and non -frosted appearance. This lighting
shall not create dangerous glare on adjacent streets or properties, shall be maintained in an
attractive condition, and shall not constitute a fire hazard. This is not seasonal lighting and is not
intended to allow the use of other types of seasonal lighting year-round.
(1) Festoon lighting is allowed over patios, decks, pedestrian plazas, outdoor dining, and other
pedestrian walkways where permanent, decorative lighting would be beneficial.
(2) Festoon lighting shall not be higher than 12 feet. Height of the festoon lighting shall be the
measured vertical distance from finished grade or from the most adjacent walking surface
below the luminaire up to the centerline of the luminaire.
(3) Festoon lighting shall not be used to wrap trees or define architectural features.
(4) Festoon lighting is subject to the curfew requirements.
a. Residential Uses: Curfew hours shall be 10pm to lam
b. Non-residential Uses: Curfew hours of 10pm to lam shall apply to all businesses unless
normal operating hours end or begin within the hours of curfew. If so, the curfew applies
until one hour after closing or one hour before opening.
(5) Festoon lighting requirements apply to all Planned Developments unless standards are
otherwise stated in the planned development approvals.
26.512.120 -Enforcement and Penalty.
(a) .Enforcement and Penalty: Any lighting that does not meet the provisions of this chapter will be
considered a violation. Any alleged violation of this chapter will be investigated, enforced, and
penalized as allowed in Section 2.02.120. - Uniform enforcement of City regulations.
26.512.130 —Definitions.
As used in this Chapter, unless the context otherwise requires:
BUG (Backlight, Uptight, Glare) ratings means the IES TM-15 luminaire classification system describing the
amount and location of light being emitted from a luminaire.
Color Rendering Index (CRI) means 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.
Correlated Color Temperature (CCT) is measured in degrees Kelvin (K). A specification for the color
appearance of the light emitted by a lamp.
1000K 2000K 3000K 4000K 5000K 6000K 7000K 10000K
Condelight Tungsten Household Natural Daylight Cool Overcast Sky Blue
Light Light Bulbs White White
Ordinance #12, Series of 2023
Outdoor Lighting Code
Page 21 of 23
Efficacy is measured in lumens per watt (Im/w), luminous efficacy is a measure of how well alight source
produces visible light for the amount of energy consumed.
Facade means the square footage of a structure's vertical Cl"d horizontal dimensions as viewed in the
elevation view. Also referred to as the "vertical surface area".
Facade Lighting is a type of lighting used to light up the exterior of a building. It can be used to highlight
certain building features or provide general illumination.
Festoon lighting is also referred to as market lighting, bistro lighting, or ping-pong lighting. String lighting
intended for permanent installation and year-round use. Festoon lighting is not Seasonal Lighting; see
Seasonal Lighting for non -permanent lighting installations.
Footcandles means a unit of illumination equal to one (1) lumen per square foot.
Fully shielded luminaire means a fully shielded light fixture has a solid barrier (cap) at the top of the fixture
in which the lamp (bulb) is located. The fixture is angled so the lamp is not visible below the barrier. No
light shall be visible at or above the horizontal angle (technical description: candela values at or above an
angle of 90 degrees above nadir are zero). Frosted glass in a luminaire does not constitute shielding.
Examples of fully shielded luminaires.
X t
aims
lore means the visual
sensation created by luminance
. brightness)
urrounding luminance that the eyes are adapted to, causing annoyance (discomfort glare) or loss in
visual performance and visibility (disability glare).
Holiday lighting see `Seasonal Lighting'.
Illuminance is measured in Footcandles (Fc) or lux. The density of light falling onto a surfaces commonly
measured in the horizontal and vertical planes.
Light pollution means stray and uncontrolled light, directly from a luminaire or reflected from a surface,
which missed its target. A common example is lighfi being emitted upwards, increasing skyglow.
Light trespass means measurable light extending past the property line without permission, causing
annoyance, loss of privacy, or other nuisances. Often measured in footcandles. For the purposes of this
chapter, light trespass may also be referred to as Vertical Light Trespass.
Lumen means the measure of visible light (luminous flux) emitted from a light source.
luminaire is used interchangeably with "fixture". A complete electric light unit including light source,
housing, optics, and driver.
luminaire height means the height of the luminaire shall be the measured vertical distance from finished
grade or from the most adjacent walking surface below the luminaire up to the centerline of the
luminaire.
Lux means a unit used to measure illuminance. One lux is equal to one lumen per square meter (Im/m2).
Ordinance #12, Series of 2023
Outdoor Lighting Code
Page 22 of 23
Non -shielded or unshielded luminaire means luminaires without shielding that prevent light emission
above the horizontal. These luminaires are prohibited except where specifically allowed in Tables 3 and 5.
Frosted glass in a luminaire does not constitute shielding. Examples of non -shielded or unshielded
luminaires:
Obtrusive light means any light that is discerned from beyond the intended target area, and which by its
nature or presence is disturbing to individuals, harmful to the environment, or contributes to skyglow.
Partially shielded luminaire means a luminaire with opaque top and translucent or perforated sides,
designed to emit most light downwards. These luminaires are discouraged. Up to 5% of the light
distribution may be at or above the horizontal angle (technical description: candela values at 90 degrees
or above nadir do not exceed 5%). Guidance for their use is provided in Tables 3 and 5. Frosted glass in a
luminaire does not constitute shielding.
Point light source means the exact place from which illumination is produced from a luminaire (e.g. a light
bulb filament or LED package) even when located behind a clear lens.
Seasonal lighting means string lighting meant for temporary use and displayed on buildings or
landscaping.
Security lighting is intended to provide bright illumination for security surveillance. This lighting shall not
be used continuously as a general deterrent during hours of darkness.
Shielded directional floodlight means a fully shielded luminaire that includes an adjustable mounting
device and contains a shield, louver, or baffle to reduce direct view of lamp.
Vertical illuminance means the density of light falling onto a vertical surface.
Ordinance #12, Series of 2023
Outdoor Lighting Code
Page 23 of 23